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SUBJECT OUTLINE 70211 Contracts Course area

UTS: Law

Delivery

Spring 2018; City

Credit points 8cp Requisite(s)

70120c Legal Method and Research OR 70102 Foundations of Law These requisites may not apply to students in certain courses. See access conditions.

Result type

Grade and marks

Subject coordinator Name Christopher Croese Position Scholarly Teaching Fellow Email [email protected]

Teaching staff Name Christopher Croese (Subject Coordinator) Position Scholarly Teaching Fellow Email [email protected] Name Dr Angela Dwyer Position Senior Lecturer Email [email protected] Name Michael Bricknell Position Seminar leader Email [email protected] Name Susan Carr-Gregg Position Seminar leader Email [email protected] Name Mark Wellard Position Seminar leader Email [email protected]

Subject description This subject deals with the legal principles related to binding promises and the issues arising out of their interpretation, performance, and termination. The topics covered include the formation of contracts (agreement, consideration, intention, writing, legality of subject, capacity, privity); content and construction; vitiating factors (mistake, misrepresentation, duress, undue influence and unconscionable conduct); and discharge by performance and non-performance of contractual obligations (breach and frustration). This subject also provides an introduction to the equitable enforcement of promises (promissory estoppel). Remedies for breach of contract are covered in 71116 Remedies.

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Subject learning objectives (SLOs) Upon successful completion of this subject students should be able to: 1. Understand the key principles of the law of contract. 2. Critically analyse fact scenarios to identify contractual issues. 3. Apply principles of contract law to fact scenarios and evaluate the likely legal outcomes in order to advise a party of their contractual rights. 4. Apply legal problem solving skills to produce a clear, rational, coherent and professional written response to a contract law question using appropriate legal authority and citation.

Course intended learning outcomes (CILOs) This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes: Legal Knowledge A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) Critical Analysis and Evaluation A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) Communication and Collaboration Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)

Teaching and learning strategies This subject will be taught and assessed over one semester using a combination of lectures, seminars and self-study modes. The assessments are designed to help students attain the subject objectives and graduate attributes. While the syllabus follows the national prescription (for law school accreditation purposes), the subject will concentrate on the law of New South Wales. Strategy 1: Lectures Lectures will provide context, guidance and topic orientation to your study. They do not exhaustively cover every aspect of contract law, but rather are a supplement to your independent preparation. Students must do their own reading to fill out the detail of matters covered in the lectures. Lecture slides will be provided before each lecture (where ever possible) to provide a roadmap of what will be covered. Lectures are recorded and will be available on UTSOnline. Each lecture is provided during the day and then repeated in the evening. Consult the UTS Timetable Builder to see when these are scheduled. Strategy 2: Independent preparation Readings are set to: prepare you for lectures and seminars provide detail on legal principles covered in lectures encourage independent learning skills; and provide insight into appropriate form, language, expression and legal citation for formal legal writing. You must do your readings. Reliance on the lectures alone will not be sufficient to pass this subject. The readings for this subject, along with a lot of other valuable information such as materials for the seminars, can be found on UTSOnline.

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Strategy 3: Independent self-assessment tools Practice quizzes (UTSOnline) - The practice online quizzes also allow you to receive feedback on your understanding of the subject as the semester progresses. You will be able to quickly assess your understanding of the legal principles by attempting them. You will receive immediate feedback to allow you to improve. Strategy 4: Online discussion boards Online discussion boards are provided on UTSOnline to connect you with all the other students and the academics in the subject. Here you will be able to ask questions and receive feedback on subject content. Strategy 5: Seminars Seminars are two hours in duration. Seminars are where you can: Test your knowledge of contract law and identify areas that need improvement; Practice reading cases and thinking deeply about legal principles; Practice your problem solving skills, including critical analysis and evaluation, by applying legal principles learned in the subject to fact scenarios; Practice writing skills; Receive feedback on your progress in a group setting from your seminar leader and peers. Attendance at seminars is important for two key reasons: 1. Participation in the discussion is an assessable component of this subject; 2. Assessable principles will be discussed that are not covered in lectures. Seminars are not recorded. Strategy 6: Feedback Feedback is vital to learning. Feedback is provided throughout the subject to enable you to learn the substantive principles and technical skills necessary to be a lawyer able to advise on contractual issues. Feedback is provided on a weekly basis in seminars. As noted above, in seminars you can engage in a discussion with your seminar leader and peers to see if you properly understand and can apply the principles of contract law to a factual scenario. To ensure that you get the most out of this feedback, you must be properly prepared for the seminars: you will not know the questions you need to ask unless you have thought about the law, this subject and the assessments. Feedback is also available online by attempting the practice quizzes and utilising the online discussion forums. Feedback will also be provided when you undertake formal assessment. Often this will take the form of individualized feedback as well as general observations from the academics on how the group as a whole is performing, or the provision of good examples of student work. Students who fail the subject with a final mark of 45-49 may be offered a supplementary exam, subject to the student having demonstrated to the Subject Coordinator, sustained and bona fide engagement with the subject and assessments. Other important information concerning this Subject This subject outline is to be read in conjunction with other information that can be found on UTSOnline. Expectations Courtesy - As a matter of courtesy please ensure that mobile phones are turned off in lectures and seminars and that the use of laptops is limited to subject related matters. Using social media in class is distracting for students and staff. DO NOT engage in private chatter during lectures or seminars – if you wish to talk privately, leave and rejoin the class another day. Assessment - Students are responsible for familiarising themselves with, and acting, upon all requirements relating to assessments and examination. Students also have a responsibility to make themselves available for exams during the official examination period and/or designated examination sessions. If away, you must check your status as soon as possible - failure to act in a timely fashion may disqualify a student from attempting that part of the assessment. 14/07/2018 (Spring 2018)

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Content (topics) Topic 1: Contract formation 1. 2. 3. 4. 5. 6.

Agreement - Offer Agreement- Acceptance Consideration Introduction to promissory estoppel Intention to create legal relations Certainty / Completeness

Topic 2: Parties to the contract 1. Privity 2. Mental capacity Topic 3: Terms of the contract 1. 2. 3. 4. 5.

Express terms Extrinsic evidence Implied terms Interpretation/ Construction / Classification Exclusion clauses

Topic 4: Enforceability 1. 2. 3. 4.

Formalities/Part performance Statutory illegality Common law illegality / Public policy Consequences of illegality

Topic 5: Proper consent 1. 2. 3. 4. 5. 6. 7. 8.

Misrepresentation (innocent/fraudulent) Misleading and deceptive conduct (Australian Consumer Law s 18) Duress Undue influence Unconscionable conduct Third party impropriety Unilateral mistake Rescission and election

Topic 6: Discharge / Termination of contract 1. 2. 3. 4.

Performance / Actions for payment Agreement Breach and repudiation Frustration

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Program Week/Session

Dates

Description

1

Week commencing 23 July

No face-to-face classes this week Please refer the lecture and seminar schedule for details on the content of this course

2

Week commencing 30 July

Note: There are two lectures this week. Lecture 1.1 Agreement (Offer) 1.2 Agreement (Acceptance) Lecture 1.3 Consideration No Seminar

3

Week commencing 6 August

Lecture 1.5 Intention to create legal relations 1.6 Certainty / completeness Seminar 1.2 Agreement (postal acceptance rule / electronic transactions) 2.1 Privity Problem solving

4

Week commencing 13 August

Lecture 3.1 Express terms 3.2 Extrinsic evidence Seminar 1.4 Introduction to promissory estoppel Problem solving

5

Week commencing 20 August

Lecture 3.3 Implied terms 3.4 Interpretation / Construction / Classification Seminar 2.2 Mental capacity Problem solving

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6

Week commencing 27 August

Lecture 4.1 Formalities / Part performance 4.2 Statutory illegality Seminar 3.5 Exclusion clauses Problem solving

7

Week commencing 3 September

Lecture 4.3 Common law illegality / Public policy 4.4 Consequences of illegality 5.1 Misrepresentation (innocent/fraudulent) Seminar Problem solving

8

Week commencing 10 September

Mid session StuVac. No lectures or seminars.

9

Week commencing 17 September

Lecture 5.2 Misleading or deceptive conduct (Australian Consumer Law s 18) Seminar Problem solving

10

Week commencing 24 September

Lecture 5.3 Duress 5.4 Undue influence 5.5 Unconscionable conduct Seminar Problem solving

11

Week commencing 1 October

Lecture (Podcast) 5.6 Third party impropriety 5.7 Unilateral mistake 5.8 Rescission / election Note: Due to Monday 1 October being a public holiday, this lecture will be recorded as a podcast. Seminar Problem solving

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12

Week commencing 8 October

Lecture 6.2 Agreement 6.3 Breach / repudiation Seminar 6.1 Performance / actions for payment Problem solving

13

Week commencing 15 October

Lecture 6.3 Breach /repudiation 6.4 Frustration Seminar Problem solving

The law of Contracts intersects with several other areas of the law of obligations, principally the law of tort, restitution and equity. You will return to contract law several times as you progress through your degree, principally in the following subjects: 70317 Real Proeprty, 70327 Commercial Law, 71116 Remedies and 70517 Equity & Trusts.

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Assessment Assessment task 1: Seminar participation Intent:

Oral communication is an essential part of being a lawyer. The common law system of adversarial litigation rests upon oral advocacy. Solicitors must be able to explain complex principles of law and provide advice in a way that is understood by clients who are not trained in the law. This assessment will develop and assess your communication skills in a seminar setting and build your confidence in speaking before other people. Additionally, as material covered in seminars is assessable in the final exam, it is also important that you engage with the subject by preparing for seminars and taking part.

Objective(s): This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 Weight:

15%

Task:

Students are expected to make contributions to seminars. Seminar leaders will be taking note of your attendance and any useful contributions to discussion you make in seminars. Attendance, of itself, is not participation. At the end of each seminar, students will be asked to fill in a self-reflection rubric on the quality of their contributions. This is to encourage students to reflect on their progress. At the end of semester, a final mark will be awarded solely on the basis of the seminar leader's assessment and records. While the seminar leader may take into consideration a student’s self-reflection rubric, the student’s rubric is not determinative nor does it make up any proportion of the final mark awarded.

Due: Criteria:

Participation is assessed at each seminar. Preparation: demonstration of familiarity with seminar exercises, lecture materials and readings. Active engagement: Consistency and quality of contributions throughout the semester (attendance will be noted). "Quality" includes capacity to engage in group discusssion, rather than read from pre-prepared anwers, lecture slides or responding only when asked. Expression: Relevance and clarity of contributions to seminar discussion and proper use of legal language. Law and analysis: Understanding of legal principles, cases and persuasive application of principles to facts and demonstration of sound reasoning. Disruptive or rude behaviour will result in loss of marks or a refusal to award any marks at all.

Further Final mark based on performance in best six seminars information: While attendance will be noted, your final mark will be based on your performance in your best six seminars. This is a concession to reflect that you may need to miss a seminar, or may have been too busy with other assessment to properly prepare, or may find a topic very difficult, or need some time to "warm up" to speaking in front of other people. Inability to attend seminars If you cannot attend a seminar in a given week, you should try and attend an alternative seminar for 14/07/2018 (Spring 2018)

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that week. This is especially important because assessable topics - which are not covered in lectures - will be discussed in seminars. If illness or other misadventure will impact on your capacity to attend more than four seminars, you should: submit a special consideration application; and actively try and contribute to the seminars that you are able to attend. Seminar leaders will not ask you to explain absences. If you are absent from a seminar then you will be marked as absent. The onus is on you to inform the seminar if there is a valid reason for being absent. Work commitments or assessments in other subjects are not good excuses to miss a seminar. If work is likely to interfere on an ongoing basis, you should look at transferring to a different seminar that you will be able to attend.

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Assessment task 2: Written assessment Intent:

Written communication skills are essential to the practice of law. Whether making written submissions to a court or providing a written advice for a client, lawyers must be able to clearly and logically communicate in written form. When making formal submissions in litigation, lawyers must be able to properly cite legal authority to support their arguments. This assessment will test your legal knowledge, develop your written communication skills with particular reference to legal citation, and develop your problem solving skills.

Objective(s): This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 Weight:

35%

Task:

Prepare a written response to a legal problem question in essay form, demonstrating proper legal citation. The problem question will be made available on UTSOnline. This is not a research assignment. You do not have to do anything more than refer to your text book or material covered in lectures and seminars. (Note: this does not mean that you must cite the text book, lectures or seminars in your response. Proper citation of primary legal sources is mandatory.) Important: Format requirements and other information on this assessment will be provided on UTSOnline.

Length:

1,500 word limit - 10% leeway permitted. Substantially less than the prescribed length may be indicative of a lack of analysis or a failure to address all the live issues.

Due:

Criteria:

12.00am Monday 10 September 2018 The assessment must be submitted online with Turnitin on UTSOnline. Legal reasoning (35%): Identification and quality of analysis of relevant issues, including logical ordering of issues. Rules (35%): Identification, understanding and sound application of relevant legal rules. Expression (25%): Clarity, concision and persuasiveness of expression; creation of flowing and compelling argument. Citation (5%): Proper citation of authorities when necessary and to the formal standards of the Australian Guide to Legal Citation. See resources on UTSOnline for a deeper explanation of these criteria.

Further Word Limit information: See above. The word count includes any words in the main body of your response, including headings, but does not include: Footnotes Student details (name, student no, page nos) Do not attempt to evade the word count by incorporating discussion in the footnotes. Discussion in the footnotes will not be read. Only citations should be seen in the footnotes.

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Bibliography A bibliography is not required. Citation Authority and references to other texts, journals, etc, must be cited according to the requirements of the Australian Guide to Legal Citation. Footnotes must be used. Do not use end notes or the Harvard system of citation. Format The paper must be ...