LAWS1015 Unit of study outline PDF

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UOS 2020/2021
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Sydney Law School

LAWS 1015 Contracts

Semester 1, 2020

sydney.edu.au/law

LLB Detailed Unit Information

Th e Un ive rsity of S ydney sydn ey.edu.au CRICOS 00026A

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Students should note that the selling or purchase of lecture notes, Unit Outlines, teaching materials, and downloading of lecture recordings without permission, infringes this copyright.

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This document contains unit of study specific information. It must be read in conjunction with the Resources – Sydney Law Students webpage. Students should also ensure they consult the University website for up to date policy information.

The Resources page is intended to answer frequently asked questions from currently enrolled students and to direct you to the appropriate information resources. The Resources must be read in conjunction with the Unit of Study Outline for each unit of study in which you are enrolled. It is not intended as a complete guide to all policies and procedures, and you should always consult the University of Sydney Law School or University website for detailed information. The Resources include information on such issues as: • • • • •

Timetables; Course structures; Academic integrity; Assignment Coversheet for hard copy assignments; and Exam script viewing request forms.

It also includes links to the homepage for your course (LLB/JD or PG). The homepages are an essential resource, with information about the issues above and also such things as : • • • • • • • • • • •

Canvas/LMS; Withdrawing from a unit of study; Special consideration; Simple extensions; Style guide and referencing; Legal Writing Resources; Student support services, including disability support; Form for requesting permission for a unit of study; Receiving feedback; Attendance requirements for Sydney Law School; and PASS and Legal Writing skills.

Ensure you are aware of the content, and that you have consulted it before beginning a unit of study. All student enquiries should be directed to the Student Centre. You can also contact 1800 SYD UNI, check the Current Student website http://sydney.edu.au/students/ , or submit a web form. Please note that The University of Sydney Law School Reception is open 10am -12pm and 1pm-4pm Monday to Thursday, and 10am-1pm on Friday. Please note that you can submit hard copies of your assignments outside these hours (8am - 7.30pm Monday to Friday; 9am to 5pm Saturday and Sunday), as there will be access to Level 3 via both lifts during these hours (with the exception of summer closedown and public holidays). Please do not request access via the stairs from Law Library staff.

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Convenor name and contact details Title/Name

Associate Professor Yane Svetiev

Address

Sydney Law School, University of Sydney NSW 2006

Phone

02 8627 6786

Email

[email protected]

Seminar leaders: Ben Chen

[email protected]

Derwent Coshott

[email protected]

Jason Harris

[email protected]

Yane Svetiev

[email protected]

David Winterton

[email protected]

Preferred method of communication: Your first point of contact for questions about the subject matter of the course is your seminar leader. With regards to correspondence with academic staff, students should remember to sign their name and provide their student identification number, especially when sending emails. N.B. Email communication should be via your Sydney University email account. For administrative inquiries about the organisation of the unit, please contact the academic support member for the unit Ms. Irene Wang ([email protected])

Discussion Board Substantive questions about the course material should be posted on the public Discussion Board on the LMS under the relevant topic. The Discussion Board is intended to be a collaborative working space for all members of the class. The teaching team will monitor the Discussion Board and post responses and clarifications. All students are also expected to regularly monitor the Discussion Board and participate in discussion threads through posting attempted responses to questions of other class members. As a general rule, the teaching team will post a response or clarification to a Discussion Board question posted by a student after there has been at least one response to the question by another student. Posted student responses to questions on the Discussion Board will also be taken into consideration by the teaching team in assigning the general participation mark for the course.

PASS Program: Peer Assisted Study Sessions The Sydney Law School now funds an additional program called PASS. PASS stands for Peer Assisted Study Sessions. Research from the UK, USA and Australia has consistently demonstrated that students who regularly attend PASS are likely to improve their academic performance and are less likely to fail or drop out. In 2018, 98% of respondents to end of Page 5 of 38

semester, anonymous surveys reported they learnt during PASS and 99% reported that they enjoyed the program. One student commented “I loved everything about PASS – it was GREAT for clarifying ideas from class [and] helped my studies. I also had the opportunity to make many friends through PASS”. What’s in it for you? • • • •

Weekly, hour-long sessions lead by senior, high achieving students. A focus on mastery of course content through discussion and peer learning. Extra learning opportunities, including problem solving practice where relevant, in areas directly related to understanding the concepts more thoroughly. Opportunities to meet other students and study effectively together in relaxed, interactive, small groups.

Registering for the PASS program Attendance in PASS is voluntary but highly recommended. Registrations open the first day of semester. PASS starts in week 2 of semester (week 3 for JD units in semester 1). Spaces in the PASS program are limited. Students register online at: https://sydney.edu.au/students/peerassisted-study-sessions/eligibility-and-registration.html Email all enquiries about the PASS program to: [email protected] PASS Canvas All students enrolled in in a PASS supported unit will have access to and be able to access materials via the PASS CANVAS site. You will find the PASS agendas for each week, under the PASS tab, plus a range of useful links that may assist you to learn and study more effectively.

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Overview Contract law provides the legal background for transactions involving the supply of goods and services and is, arguably the most significant means by which the ownership of property is transferred from one person to another. It vitally affects all members of the community and a thorough knowledge of contract law is essential to all practising lawyers. In the context of the law curriculum as a whole, Contract Law provides background which is assumed knowledge in many other units. Contract law has evolved primarily through the courts as they have grappled with the endless array of disagreements arising between transacting parties. This course is thus principally based on case materials, while also making reference to relevant statutory interventions in the field of contract law. The central aim of the course is to provide an understanding of the basic principles of contract law and how those principles are applied in practice to solve problems. Students will develop the skills of rule based reasoning and case law analysis. A second aim is to provide students an opportunity to critically evaluate and make normative judgments about the operation of the law. Successful completion of this unit of study is a prerequisite to the option Advanced Contracts.

Objectives Students should: 1. acquire a detailed knowledge of the assigned contract law topics, including the relevant case law, statutes, and secondary sources 2. appreciate the contexts within which lawyers use contract law and the kinds of problems they may encounter 3. actively engage with the relevant legal material 4. develop the capacity to apply their knowledge of the material in the resolution of contract problems and in planning contractual relationships, as well as to communicate their knowledge to different audiences 5. acquire the skill of thinking critically about the doctrines that govern contract law, their normative underpinnings and their contemporary relevance 6. develop the capacity to construct legal arguments based on the studied materials so as to be able to influence the conduct of negotiations, as well as dispute resolution proceedings based on contract law Students should note that the primary skill developed in this course is the proper use of case law to solve contract law problems. Students must apply and distinguish case law to the problems given using either facts of cases or more importantly building arguments based on the manner in which a judge has applied a principle of contract law. All conclusions must have reasons and they must be legal reasons and not just your personal opinion. Conclusory answers without analysis and reference to authority in the form of, ‘this problem involves an issue of agreement which is determined by offer and acceptance; whether or not there is an offer or acceptance is determined by applying an objective test; applying that test the result is…’ are unacceptable.

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Reading materials Required reading •

Carter, Cases and Materials on Contract Law in Australia, 7 th ed 2019 (referred to as “Carter CB”). Most, though not all, required cases on the reading list are excerpted in the Carter casebook.

Additional recommended reading You are not required to use a textbook, however should you find it helpful, you can consult either of the following recently published texts • Paterson, Robertson, Duke Principles of Contract Law 5th ed 2016 Thomson Reuters Australia (referred to as PRD textbook) OR • Carter, Contract Law in Australia 7th ed 2018 LexisNexis (referred to as Carter textbook) References to the relevant chapters of the above texts are included in the reading guide, however there are also many other textbooks on contract law in Australia available on the market. The reading lists also includes references to other “recommended readings”, which are not compulsory. These include cases and articles that you may wish to consult should you need additional resources to either understand a specific issue or deepen your understanding of a particular area of contract law.

Optional refresher reading on the law of equity You were introduced to law of equity in the first year unit Foundations of Law. As we will be studying some equitable principles in this subject, you may want to refresh your knowledge via the following sources available on Canvas. You are not required to purchase this text. Chapter 1 is available via Canvas, while copies of this textbook are also available in the Law Library. Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts, 4th edition Chapter 1: ‘History of Equity’ Chapter 2: ‘The Nature of Equity’ Chapter 3: ‘The Relationship Between Law and Equity’ History of equity podcast series Another source that you might enjoy are the series of podcasts on the History of Equity narrated by former Supreme Court of New South Wales Judge, now Adjunct Professor, Joe Campbell. You can access the series via this link https://soundcloud.com/sydneylawschool/sets/history-of-equity-podcast-series Podcasts can be downloaded from the Soundcloud site by pressing the download button, as follows:

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There are 13 podcasts that take about 2 ¾ hours in all. Students who are listening to them for the purpose of a general understanding of how the common law and equity interrelate in the court system could skip podcasts 9 and 10 (though the story in podcast 9 is a fairly interesting one anyway).

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Seminar days and times Seminar Group 1

Mon and Wed

9am – 11am

Derwent Coshott

Seminar Group 2

Mon and Wed

11am – 1pm

David Winterton

Seminar Group 3

Mon and Wed

2pm – 4pm

Yane Svetiev

Seminar Group 4

Mon and Wed

4pm – 6pm

David Winterton

Seminar Group 5

Tues and Thurs

9am – 11am

Ben Chen

Seminar Group 6

Tues and Thurs

11am – 1pm

Derwent Coshott

Seminar Group 7

Tues and Thurs

2pm – 4pm

Ben Chen

Seminar Group 8

Tues and Thurs

4pm – 6pm

Jason Harris

Note: For up to date information regarding class times and venues, visit the following link: LLB: http://sydney.edu.au/law/cstudent/undergrad/course_information.shtml

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Seminar schedule WEEK Week 1 24 February

SEMINARS (indicative)

NO

Week 2

Seminar 1: Introduction (I)

2 March

Seminar 2: Agreement (F)

Week 3

Seminar 3: Agreement (F)

9 March

Seminar 4: Consideration (F)

Week 4

Seminar 5: Consideration (F)

16 March

Seminar 6: Certainty (F)

Week 5

Seminar 7: ITCLR and Formalities (F)

23 March

Seminar 8: ITCLR and Formalities (F)

Week 6

Seminar 9: Estoppel (F)

30 March

Seminar 10: Estoppel (F)

Week 7 6 April Easter/AVCC Week: 13 April

NO

NO

Week 8 20 April

Seminar 11: Terms (T&C)

Mid-semester take-home problem due: April 20

Seminar 12: Terms (T&C)

Week 9

Seminar 13: Terms and Construction (T&C)

27 April

Seminar 14: Construction (T&C)

Week 10 4 May

Seminar 15: Exclusion clauses and Privity (T&C)

Mid-semester essay (optional) due: 4 May

Seminar 16: Exclusion clauses and Privity (T&C)

Week 11

Seminar 17: Discharge

11 May

Seminar 18: Discharge

Week 12

Seminar 19: Discharge

18 May

Seminar 20: Discharge Page 11 of 38

Week 13

NO

25 May

Please refer to the relevant (LLB, JD) timetable at the Resources page. NB: Each seminar leader will post a schedule relevant to their seminar groups. Please keep an eye on your Canvas LMS site for any announcements in relation to seminars and venues, as last-minute changes can and do occur.

Assessment Assessment regime All forms of assessment are compulsory. It is a rule of the University that students attend 70% of classes in order to be eligible to complete the course. Assessment task

Due date & time

Mid-semester take-home problem question (1,500 words)

Monday, 20 April 2020

% of final mark

Learning Objectives which are being assessed

30%

1,2,4,5,6

30%

1,3,5,6

4pm

OR Mid-semester essay (optional) (2,000 words)

Monday, 4 May 2020 4 pm

Class participation (assigned)

Assigned seminars

10%

1,2,3,6

Closed book exam

Semester 1 exam period

60%

1,2,4,6

Assessment details / additional instructions: •

• •

Participation is assessed based on your contributions to the seminars, based on an assigned panel. The panel assignments will be made by your seminar leader in the first week of classes. Reply posts to questions on the Discussion Board will also be taken into consideration for the general participation component. Mid-semester take-home problem question (1,500 words). Students may opt to do a policy essay question in lieu of the take-home problem question (2,000 words, note the different submission due date). Final exam is 30 minutes of reading time plus 2 hours of writing time. Closed book exam, with statute and case list to be provided. The exam will take place in the Semester 1 formal exam period. If you are prevented by certified illness or misadventure from sitting the final exam, the only other opportunity is to sit the Replacement Exam. If you are prevented by illness and misadventure from sitting both the Main and Replacement exams, a result of DC (discontinue without counting as failure) will be recorded for the unit.

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IMPORTANT NOTE: A student must make a satisfactory attempt at all assessment tasks set out for this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Penalties • •

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof, over the limit. The total word count for essays and other written assessments will: • exclude: bibliography; footnote numbers; footnote citations; cover page and • include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.)

Assignment submission You are required to submit your assignment in electronic form via the LMS site (see below) by the submission deadline. Failure to submit via the LMS by this deadline can result in penalties for lateness; the Sydney Law School reserves the right not to mark assignments that are not submitted via the LMS Canvas site. Anonymous marking From Semester 1, 2018, the Sydney Law School has implemented anonymous marking in relation to written assessments, tests and exams. To assist in this, we ask you to do the following: • Do not write your name on the front page of any submitted electronic or hard copy assessment. Only write your SID (Student Identification Number). • Do not include your name in headers and footers, or anywhere else, in any submitted electronic or hard copy assessment. • If submitting a hard copy of your assignment, ensure that you write your SID clearly on the Assessment coversheet. It will be the only way that you can be identified, and an illegible SID could mean that there are delays in allocating your mark to you and returning your paper to you. • When ...