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 there may be some modifications to the assessment schedule promoted in Handbook for Semester 1 2023 Units. All assessment changes will be published by 20th February 2023. All students are reminded to check the handbook at the beginning of semester to ensure they have the correct outline.

  • Unit Title

    Contract Law II
  • Unit Code

    LAW1212
  • Year

    2023
  • Enrolment Period

    1
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Tanzim AFROZ

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's LMS

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 via ECU’s LMS as well as additional ECU learning technologies

Additional Learning Experience Information

The lecture format is interactive and students receive detailed lecture summaries and are encouraged to explore the legal issues arising from each topic. All resources are provided via the Learning Management System. 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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
ExerciseTutorial Submission20%
AssignmentMajor Assignment30%
ExaminationFinal Examination50%
ONLINE
TypeDescriptionValue
ExerciseTutorial Submission20%
AssignmentMajor Assignment30%
ExaminationFinal Examination50%

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.

Assessment

Students please note: The marks and grades received by students on assessments may be subject to further moderation. Informal vivas may be conducted as part of an assessment task, where staff require further information to confirm the learning outcomes have been met. All marks and grades are to be considered provisional until endorsed by the relevant School Progression Panel.

Academic Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work as well as any generative artificial intelligence tools that may have been used. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people or generative artificial intelligence tools, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

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.

  • Unit Title

    Contract Law II
  • Unit Code

    LAW1212
  • Year

    2023
  • Enrolment Period

    2
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Tanzim AFROZ

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's LMS

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 via ECU’s LMS as well as additional ECU learning technologies

Additional Learning Experience Information

The lecture format is interactive and students receive detailed lecture summaries and are encouraged to explore the legal issues arising from each topic. All resources are provided via the Learning Management System. 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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
ExerciseTutorial Submission20%
AssignmentMajor Assignment30%
ExaminationFinal Examination50%
ONLINE
TypeDescriptionValue
ExerciseTutorial Submission20%
AssignmentMajor Assignment30%
ExaminationFinal Examination50%

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.

Assessment

Students please note: The marks and grades received by students on assessments may be subject to further moderation. Informal vivas may be conducted as part of an assessment task, where staff require further information to confirm the learning outcomes have been met. All marks and grades are to be considered provisional until endorsed by the relevant School Progression Panel.

Academic Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work as well as any generative artificial intelligence tools that may have been used. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people or generative artificial intelligence tools, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW1212|2|2