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  2. Contract Law II [LAW1212]

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

Please note that given the circumstances of COVID-19, there may be some modifications to the assessment schedule promoted in Handbook for Semester 1 2020 Units. Students will be notified of all approved modifications by Unit Coordinators via email and Unit Blackboard sites. Where changes have been made, these are designed to ensure that you still meet the unit learning outcomes in the context of our adjusted teaching and learning arrangements.

  • Unit Title

    Contract Law II

  • Unit Code

    LAW1212

  • Year

    2020

  • Enrolment Period

    1

  • Version

    2

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

  • Unit Coordinator

    A/Prof Prafula Raychand PEARCE

Description

The unit essentially covers: discharge and termination of contracts (by performance, breach, repudiation or frustration); remedies for breach (damages, specific performance and injunction); vitiating factors that could affect the enforcement of a contract (illegality mistake, misrepresentation, misleading or deceptive conduct, duress, undue influence and unconscionable conduct); and an overview of relief under the Australian Consumer Law.

Prerequisite Rule

Students must pass 1 units from LAW1111

Learning Outcomes

On completion of this unit students should be able to:

  1. Generate legal advice concerning the outcome of the matters that arise in the context of a legal situation.
  2. Analyse discharge, vitiation and remedies in hypotheticals to provide a balanced legal opinion on the likely outcome of the hypothetical.
  3. Identify when if at all discharge, vitiation and remedies would arise in the context of a contractual scenario.
  4. Create relevant applicable rules on the basis of studied cases.

Unit Content

  1. Syllogisms, IRAC and solving contract law problems.
  2. The creation of rules from case law.
  3. Remedies: damages (including an overview of relief under the Australian Consumer Law); injunctions; and specific performance.
  4. Vitiating factors: illegality; mistake; misrepresentation and misleading or deceptive conduct; duress and undue influence; and unconscionable dealing.
  5. Discharge termination for breach and repudiation.
  6. Introduction to discharge by performance, breach and frustration.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU Blackboard.

JoondalupMount LawleySouth West (Bunbury)
Semester 213 x 2 hour lectureNot OfferedNot Offered
Semester 213 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a weekly two hour lecture and a one hour tutorial. The lecture format is interactive. Students receive detailed lecture summaries and are encouraged to explore the legal issues arising from each topic. Off-campus students will access the unit via Blackboard. Regular online access is required. All resources are provided via Blackboard. Students participate in weekly tutorial tasks and interactive discussions. The lecture and tutorial series encourage students to properly conceptualise, analyse and create responses to challenging contractual concepts and problems. The tutorial series presents hypothetical scenarios raising particular issues of contract law. Students will be guided as to how to create rules from case law and generate legal solutions to the hypotheticals.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial Participation10%
AssignmentAssignment30%
ExaminationOpen book exam60%
ONLINE
TypeDescriptionValue
ParticipationOnline discussion and participation10%
AssignmentAssignment30%
ExaminationOpen book exam60%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW1212|2|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

Please note that given the circumstances of COVID-19, there may be some modifications to the assessment schedule promoted in Handbook for this unit. All assessment changes will be published by 27 July 2020. All students are reminded to check handbook at the beginning of semester to ensure they have the correct outline.

  • Unit Title

    Contract Law II

  • Unit Code

    LAW1212

  • Year

    2020

  • Enrolment Period

    2

  • Version

    2

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

  • Unit Coordinator

    A/Prof Prafula Raychand PEARCE

Description

The unit essentially covers: discharge and termination of contracts (by performance, breach, repudiation or frustration); remedies for breach (damages, specific performance and injunction); vitiating factors that could affect the enforcement of a contract (illegality mistake, misrepresentation, misleading or deceptive conduct, duress, undue influence and unconscionable conduct); and an overview of relief under the Australian Consumer Law.

Prerequisite Rule

Students must pass 1 units from LAW1111

Learning Outcomes

On completion of this unit students should be able to:

  1. Generate legal advice concerning the outcome of the matters that arise in the context of a legal situation.
  2. Analyse discharge, vitiation and remedies in hypotheticals to provide a balanced legal opinion on the likely outcome of the hypothetical.
  3. Identify when if at all discharge, vitiation and remedies would arise in the context of a contractual scenario.
  4. Create relevant applicable rules on the basis of studied cases.

Unit Content

  1. Syllogisms, IRAC and solving contract law problems.
  2. The creation of rules from case law.
  3. Remedies: damages (including an overview of relief under the Australian Consumer Law); injunctions; and specific performance.
  4. Vitiating factors: illegality; mistake; misrepresentation and misleading or deceptive conduct; duress and undue influence; and unconscionable dealing.
  5. Discharge termination for breach and repudiation.
  6. Introduction to discharge by performance, breach and frustration.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU Blackboard.

JoondalupMount LawleySouth West (Bunbury)
Semester 213 x 2 hour lectureNot OfferedNot Offered
Semester 213 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a weekly two hour lecture and a one hour tutorial. The lecture format is interactive. Students receive detailed lecture summaries and are encouraged to explore the legal issues arising from each topic. Off-campus students will access the unit via Blackboard. Regular online access is required. All resources are provided via Blackboard. Students participate in weekly tutorial tasks and interactive discussions. The lecture and tutorial series encourage students to properly conceptualise, analyse and create responses to challenging contractual concepts and problems. The tutorial series presents hypothetical scenarios raising particular issues of contract law. Students will be guided as to how to create rules from case law and generate legal solutions to the hypotheticals.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial Participation10%
AssignmentAssignment30%
TestONLINE OPEN BOOK ASSESSMENT60%
ONLINE
TypeDescriptionValue
TestONLINE OPEN BOOK ASSESSMENT60%
ParticipationOnline discussion and participation10%
AssignmentAssignment30%

Core Reading(s)

  • Gooley, J. V. (2017). Principles of Australian Contract Law (4th ed.). Sydney: LexisNexis Butterworths. Retrieved from https://ecu.on.worldcat.org/oclc/987223831
  • Gooley, J. V. (2017). Principles of Australian Contract Law Cases and Materials (4th ed.). Sydney: LexisNexis Butterworths. Retrieved from https://ecu.on.worldcat.org/oclc/987223873
  • Peter Radan, J. V. G., & Vickovich, I. (2017). Principles of Australian contract law. LexisNexis Butterworths,. Retrieved from https://store.lexisnexis.com.au/products/principles-of-australian-contract-law-4th-edition-skuprinciples_of_australian_contract_law_4th_edition
  • Radan, P. G., & J; Vickovich, I. (2017). Principles of Australian contract law cases and materials (4th ed.). LexisNexis. Retrieved from https://ecu.on.worldcat.org/oclc/987223873

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW1212|2|2