LLB202 Workbook Sem 1 2021 wmu PDF

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The Workbook for contract law outlines all relevant law associated with the contract law content....

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Workbook Semester 1 2021

LLB202 Contract Law

Workbook – Semester 1, 2021

TABLE OF CONTENTS INTRODUCTION..................................................................................................................3 1.

Welcome to LLB202 Contract Law......................................................................4

2.

Assessment..............................................................................................................7

3.

Email and Site Announcements..........................................................................13

4.

Texts and References............................................................................................13

5.

Teaching Staff.......................................................................................................13

WEEK 1: AGREEMENT..............................................................14 WEEK 2 (CONT): CERTAINTY....................................................23 WEEK 2 (CONT): INTENTION TO CREATE LEGAL RELATIONS........29 WEEK 2: LEARNING SESSION (TUTORIAL).................................34 WEEK 3: CONSIDERATION........................................................38 WEEK 3: LEARNING SESSION (TUTORIAL).................................43 WEEK 4: EQUITABLE ESTOPPEL................................................46 WEEK 5: PRIVITY OF CONTRACT...............................................49 WEEK 5: LEARNING SESSION (TUTORIAL).................................53 WEEK 6: LEARNING SESSION (TUTORIAL).................................55 WEEK 7: CAPACITY..................................................................57 WEEK 7 (CONT): FORMALITIES.................................................61 WEEK 7: LEARNING SESSION (TUTORIAL).................................69 WEEK 8: MISREPRESENTATION................................................72 WEEK 9: MISTAKE...................................................................78 WEEK 9: LEARNING SESSION (TUTORIAL).................................85 WEEK 10: PRE-CONTRACTUAL ORAL STATEMENTS.....................89 WEEK 11: INCORPORATION OF WRITTEN TERMS.......................93 WEEK 11 (CONT): IMPLIED TERMS............................................96 WEEK 11: LEARNING SESSION (TUTORIAL)................................99

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WEEK 12: SPECIFIC TERMS I: PROMISSORY TERMS..................105 WEEK 12: LEARNING SESSION (TUTORIAL)..............................110 WEEK 13: SPECIFIC TERMS II: EXCLUSION CLAUSES.................113 WEEK 13 (CONT): RESTRAINT OF TRADE.................................115 WEEK 13 (CONT): UNFAIR TERMS...........................................119 WEEK 13: LEARNING SESSION (TUTORIAL)..............................123

The homepage for this unit

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can

be

found

on

blackboard

at:

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LLB202 Contract Law

Workbook– Semester 1 2021

INTRODUCTION

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LLB202 Contract Law

1.

Workbook– Semester 1 2021

Welcome to LLB202 Contract Law

Contract law is an important area of law. Contracts are everywhere and impact on everyone’s lives – from uncomplicated contracts like those involved when you catch a bus or train to work or university, or buy something to eat for lunch to more sophisticated multi-million dollar deals. Contract law is also important because it provides a foundation for your study of several units later in your degree. In some cases LLB202 is a prerequisite for studying those units, which means that you must gain a pass grade (4) or better in this unit before you will be able to enrol in those units. It is essential therefore, that you gain a thorough understanding of the material in this unit because if you do not it may have implications for your orderly progression through the remainder of your law degree. There is a large amount of content that we must cover in this unit, namely: (a) Formation of contracts  Agreement  Intention  Consideration  Estoppel (b) Limits to enforcement of contracts  Privity  Capacity  Formalities (c)

Vitiating Factors 

Misrepresentation



Mistake

(d) Content of contracts 

Establishing the terms of the contract



Construing the terms of the contract

We have designed the learning and teaching approach in the unit in a way that should provide you with the best opportunity to understand this material. You will find your week by week study plan on the Learning Resources page of the unit Blackboard website. It is crucial that you accept responsibility for your own learning and that you do not get behind in your work. There is so much content that we must cover in this unit that if you fall behind you will find it very hard to catch up again – and the material we cover in week 13 is just as important as that which we cover in week 1 (and every week in between!) – you cannot leave anything out.

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Learning and teaching in this unit involves a 5 stage approach, with an optional 6 th resource:

You will see links to these various resources in the study plan on the Learning Resources page of the unit website. The stages are explained in the first podcast but in essence they are: Step 1.

Watch the podcast.

There are 11 video podcasts, each of which are approximately 20 - 30 minutes long, to watch across the semester (you should watch the first two in week 1). These podcasts provided introductions to the various topics, explain concepts in easy to understand terms and indicate connections between the various parts of the course. Step 2.

Read the summary in the workbook.

Each separate topic in the course has a summary of the relevant legal principles and authorities that you will be expected to know and understand for the purposes of examination. These summaries are the equivalent of the material that you would normally write down in the course of a passive face-to-face lecture. Step 3.

Read the prescribed readings

Each separate topic has specific readings for you to complete in order to flesh out the relevant summary of principles. In addition, there will often be one or two prescribed cases for you to read (reading the relevant extract in the recommended case book would be sufficient). We have carefully chosen the relevant sections of the textbook and selected cases with a view to keeping your workload at a reasonable level. To this end, for some topics we will not be expecting you to read the textbook (although we have provided references in case you nevertheless choose to do so). In such cases it will be sufficient if you only read the summaries of principles in the workbook. We have

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indicated where this is the case by shading the relevant material blue. Step 4.

Do the check point revision and undertake the relevant modules of OO Files

Each topic has its own set of check point revisions to allow you to self-test whether you have sufficiently covered the material in your readings to enable you to proceed to the next stage. You can find the check point questions in electronic and interactive sway form via the study plan on the Learning Resources page. In some weeks you will be able to self-test your knowledge at your own convenience and at your own pace by undertaking a module of OO Files, which is a suite of multiple choice questions. Each question provides detailed feedback on both correct and incorrect answers. You may find it to be an invaluable resource! Step 5.

Prepare for, attend and participate, in the interactive learning sessions or listen to the recording of the sessions.

The study plan on the Learning Resources page on the website lists the questions and the week they will be dealt with in class. Please follow this schedule closely. These sessions are conducted either face-to-face on campus or using Zoom software. If you are unable to join the scheduled session it is nonetheless important that you prepare answers to the questions as if you were able to join prior to listen to any recording in order to maximise the benefit of that resource. There are three (3) types of questions in this Workbook: Q questions (indicated by the relevant week number): these are short answer problem or theory questions P questions: these are generally past exam questions and are strategically placed to give you an idea of how different areas can be combined in single questions. They are designed to give you practice and developing the type of answer that you will be expected to produce in the exam. H Questions: each of these questions has a dual purpose of being both a more detailed problem to assist in your preparation for the exam and providing you with an insight of contract law in real world practice. You will need to access an online program called Air Gondwana (accessed via the study plan on the Learning Resources page) in order to prepare answers to these questions. Optional step 6:

Question and Answer book.

The Questions and Answers book is an optional text book - Des Butler, LexisNexis Questions and Answers Contract Law (LexisNexis Butterworths Sydney: 6th ed, 2018). It consists of sample exam questions, many of which have been inspired by exams in this unit, with suggested answers, common errors to avoid an examiner’s comments. If you would like to obtain an idea of what we expect from you in terms of an answer to a contract law question in the exam then you should take a look at this book. You will have realised by now that different units have different learning and teaching approaches. This is because one size does not fit all – the learning and teaching approaches that are adopted by teaching teams are those that best suit the material to be covered in the relevant unit.

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In contract law we have adopted the five stage approach for the following reasons:

2.

Assessment

Assessment in this unit is explained in the first podcast and on the Assessment page of the unit website (where you will also find due dates – warning: the first items of assessment falls due at the end of week 4).

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Essentially the assessment is as follows: Assessment Negotiation exercises – Air Gondwana Module 2 Negotiation exercises – Air Gondwana Module 3 Module 4 – Negotiation and Drafting exercise

Value 3% 3% 14%

Due Date 11:59pm* Thursday in Week 4 11:59pm* Thursday in Week 4 During Week 6

Multiple Choice Quiz

20%

Between 9:00am Friday in Week 9 and 11.59pm* Thursday in Week 10

Examination (open book)

60%

Examination period

* please do not leave your attempt until the last moment and then discover you have technical issues. This will not be grounds for special consideration. The unit co-ordinator and other members of the teaching team will not be available to provide assistance after 5:00pm on the due date.

(a) Negotiation exercises In parallel with studying the law concerning formation of contracts, you have the opportunity to experience the practice of forming contracts in a real-world setting. This is done through the Air Gondwana computer program, which may be accessed via either the study plan on the Learning Resources page for the assessment table on the Assessment page. Air Gondwana provides an on-line instructional video on basic negotiation theory and practice in the context of negotiating contracts. It is then followed by two on-line modules containing a number of scenario-based questions which provide you with the opportunity to practise the principles of negotiation taught by the video. Feedback is provided against which you may compare your answers. The marks for these items are not for your individual answers, but for your completion of the two on-line modules. While we will not be marking your individual answers, we are able to see your answers and will be expecting you to make bona fide attempts at answering the questions (eg not submitting single word answers). Following this you will be required to undertake an individual exercise which involves contract drafting and. This is worth 14% of your marks. Further details of the Air Gondwana Module 4 will be provided to you. Please ensure that you stay up to date with all announcements. The marks for the Air Gondwana negotiation exercises will be allocated as follows: 

Viewing the instructional video (Air Gondwana Module 1) – prerequisite for any mark for this item



Making bona fide attempts at all scenarios in Air Gondwana Module 2 – 3%. To be

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completed by yourself online by 11:59pm on the Thursday of Week 4 

Making bona fide attempts at all scenarios in Air Gondwana Module 3 – 3%. To be completed by yourself online by 11:59pm on the Thursday of Week 4



Undertaking Module 4 – 14%.

Your use of the Air Gondwana program will be tracked by QUT Blackboard. Your answers to questions in Modules 2 and 3 will not be marked right or wrong but must be bona fide, as explained in the Air Gondwana instructions. In the event that you are deemed by the unit co-ordinator to have not provided bona fide answers the unit co-ordinator reserves the right to award you 0% for the module concerned. Please follow the instructions that will be provided to you carefully, including with respect to taking a screen shot of your completion of Modules 3 and 4.

(b) Multiple-Choice (on-line) Quiz The multiple-choice quiz is a compulsory item of assessment completed on-line. The quiz will consist of 20 questions. Questions may be a mixture of theory questions, questions based on the prescribed cases and short problem questions similar to those in The OO Files. The quiz will be accessible via the assessment table on the Assessment page in the unit website and will be available between 9.00am on the Friday in week 9 and 11.59pm on the Thursday in week 10. You will have 40 minutes to complete the quiz. The questions are presented in a random order to ensure integrity of the assessment. There are a mixture of short and longer questions. Due to the randomised nature of the questions, you may receive longer questions or shorter questions at different times throughout the quiz. You cannot backtrack to prior questions. It is your responsibility to undertake the quiz in a place and at a time that ensures that you will not be disturbed for the duration of the quiz. All material covered in the unit up to and including week 9 (mistake) (but excluding the material concerning negotiation theory and practice covered in the Air Gondwana program) is examinable. Results for all students will only be released once the quiz (and any deferred quiz) has closed. Further information will be provided in due course. (c) Examinations There will be a compulsory examination at the end of the semester. The duration of the examination will be 30 minutes for perusal and 2 hours and 10 minutes working time. Questions may be divided into parts. There will be two compulsory questions. Questions may be problems, essays or a combination of problems and essays. All material covered in the unit up to and including week 13 (but excluding the material concerning negotiation theory and practice covered in the Air Gondwana program) is examinable. Questions may combine topics from different parts of the unit. In other

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words you cannot safely spot study (ie choose to study only parts of the unit and not others). Problem questions require you to analyse a fact situation, extract the relevant legal issues, state and explain the relevant law and authority, argue the application of that law to the facts and reach a conclusion. Essay questions require you to logically analyse and evaluate the specific topic identified in the question. For both problem and essay questions, mere regurgitation of rote-learnt material may not necessarily attract a pass mark. Further, while the optional Question and Answer book provides samples answers to give you an idea of what is expected of you, you must not simply copy its answers in whole or in part in the examination. The examination will be open book - that is, you are allowed to take any materials that you wish into the examination room. Criterion-referenced assessment: The University’s assessment policy includes a requirement for criterion-referenced assessment (CRA). CRA requires the determination and communication of clear criteria, each with performance standards, in advance of the assessment. Criteria and standards for marking problem-style examination questions: Criteria

Legal proble m solving Demonstrated understanding of the law through application of relevant legal principles to the facts of a problem to reach a legally justifiable conclusion

High Distinction

Distinction

Credit

Pass

Fail

The answer identifies all relevant issues (or all except for some minor issues) raised by the facts of the problem.

The answer identifies most of the relevant issues raised by the facts of the problem.

The answer identifies most of the issues; however, some relevant issues were not isolated from the facts of the problem.

The answer identifies the main issues that are readily identifiable from the facts; however, some issues and minor issues were not addressed.

The answer does not meet the standard of a passing grade (i.e. a grade of 4).

The relevant legal principles and / or policies have been applied to the facts of the problem in relevant detail, demonstrating a deep and thorough understanding of the law. The answer correctly provides appropriate authorities (case law and / or legislation), including sufficient

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The relevant legal principles and / or policies have been applied to the facts of the problem, and the answer demonstrates a thorough understanding of the law in most aspects. The answer correctly provides appropriate authorities (case and / or legislation), including sufficient analysis of the cases or

The relevant legal principles and / or policies have been applied to the facts of the problem, except in some instances the application has not been sufficiently detailed, but the answer demonstrates a thorough understanding of the law in most aspects. The answer correctly

The relevant legal principles and / or policies have been applied to the facts of the problem in a logical manner but lacking in sufficient detail, demonstrating an acceptable understanding of the law in most aspects. The answer correctly provides appropriate

The answer identifies few of the relevant legal issues raised by the facts of the problem; OR the relevant legal principles and / or policies have not been applied to the facts of the problem in a logical man...