Course Title: Apply the principles of contract law
Part B: Course Detail
Teaching Period: Term1 2020
Course Code: LAW5730C
Course Title: Apply the principles of contract law
School: 650T Vocational Business Education
Campus: City Campus
Program: C6164 - Advanced Diploma of Conveyancing
Course Contact: Callie Harvey
Course Contact Phone: +61 3 9925 5772
Course Contact Email: callie.harvey@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
John Sutherland
john.sutherland@rmit.edu.au
Nominal Hours: 60
Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
Pre-requisites and Co-requisites
None
Course Description
This unit describes the skills and knowledge required to analyse and evaluate information from a variety of sources and supply solutions to contractual issues in a legal environment.
It applies to individuals who provide support in a range of legal service settings with a degree of responsibility to plan and complete investigations.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
BSBLEG415 Apply the principles of contract law |
Element: |
1. Determine nature and meaning of contract |
Performance Criteria: |
1.1 Access sources of legal information on nature and meaning of contract 1.2 Distinguish between common law and legislation in contract 1.3 Assess significance of contracts and contract law in business, and document outcomes of this assessment |
Element: |
2. Determine principles of contract law |
Performance Criteria: |
2.1 Define legal principles governing simple contracts 2.2 Identify and document key elements of a simple contract matter |
Element: |
3. Enhance professional practice through application of relevant principles of contract law |
Performance Criteria: |
3.1 Assess a legal matter involving contractual issues by applying principles of contract law 3.2 Analyse and evaluate key issues 3.3 Review analysis with designated person |
Element: |
4. Distinguish between a contract being discharged or breached |
Performance Criteria: |
4.1 Specify procedures for discharge of contracts 4.2 List available remedies for breach of contract 4.3 Apply procedures for discharge of contracts to workplace legal matter 4.4 Apply identified remedies to a relevant workplace legal matter |
Learning Outcomes
The student will obtain a working knowledge of the law of contract in the context of conveyancing.
Details of Learning Activities
A range of learning activities are planned for this course including self-paced and collaborative classroom based activities.
The self-paced activities will be delivered thought various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.
The collaborative classroom based activities will include group discussion, group problem solving activities and opportunities to practice your skills in a simulated/real workplace environment.
We expect you to participate and contribute in all scheduled learning activities.
Teaching Schedule
This course is comprised of one competency: BSBLEG415/LAW5730C Apply Principles of Contract Law.
(Please note that this schedule is subject to change)
Course Schedule: Apply Principles of Contract Law, Semester 1, 2020 | |||
Week |
Topic |
|
Assessment |
Week 1 February 10 |
Introduction
|
|
|
Week 2 February 17 |
Intention to Create Legal Relations |
An Introduction to the Law of Contract by S Graw chapters 2 and 5 |
|
Week 3 February 24 |
Intention to Create Legal Relations |
An Introduction to the Law of Contract by S Graw chapters 2 and 5 |
Discuss Assessment 1 - Reflection 1 & 2 |
Week 4 March 2 |
Offer + Acceptance |
Graw chapters 3 and 4; chapter 17 Contracting electronically |
|
Week 5 March 9 |
Consideration, (privity, capacity & parties, if time) |
Graw chapters 6, 7 & 8 |
|
Week 6 March 16 |
Terms, general & special conditions (exemption clauses, if time) |
Graw chapters 9 & 10 |
|
Week 7 March 23 |
Mistake,Misrepresentation + ACL misleading or deceptive conduct |
Graw chapter 12 |
|
Week 8 March 30 |
Duress, undue influence and |
Graw Chapter 13 |
|
Week 9 April 6 |
Illegality (15 minutes) then Breach + Remedies |
Graw chapters 14, 15 and 16 |
Assessment 1: Reflections 1 & 2 due |
Mid-Semester Break | |||
Week 10 April 20 |
Remedies |
|
|
Week 11 April 27 |
Misrepresentation |
||
Week 12 May 4 |
Exclusion Clauses Unfair Contracts and Revision | ||
Week 13 May 11 |
Revision | ||
Week 14 May 18 |
In class open book final test in 2 parts (a) in class test on remedies - equivalent of 40 and (b) take home question on misrepresentation to be submitted next week equivalent 20 marks. |
2 hours plus reading time for Contract final test part (a) on discharge and remedies |
Starts 6 pm for 2 hours plus reading time |
Week 15 May 25 |
Assessment 2: Part B due | Opportunity for Feedback on Part A | |
Week 16 June 1 |
Resubmissions |
|
Take home aspect of final test on misrepresentation and exemption clauses due by canvas and by email to teacher |
Week 17 June 8 |
Grade Entry |
The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities including the self - paced activities in the workbooks.
Learning Resources
Prescribed Texts
References
Other Resources
Online learning materials can be accessed by going into the RMIT's Learning Management System, Canvas.
The online learning materials listed may include:
- Course outlines
- Power point Presentations
- Supporting Reading material
- Industry relevant articles
- Activities
Overview of Assessment
In order to achieve competency in this unit, you must provide:
Performance Evidence
Evidence of the ability to:
- apply principles of contract law
- demonstrate the steps for discharge of a contract.
Knowledge Evidence
To complete the unit requirements safely and effectively, you must:
- define commonly used legal terminology, institutions and main features of Australian legal system
- outline methods used to identify appropriate information sources of Australian law
- explain nature, aims and rationale of contracts, including agreements, intention to create legal relations, consideration, and capacity to contract
- explain remedies for breach of contract
- describe illegal and void contracts
- explain privacy of contract and assignment of contract.
Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the legal services administration field of work and include access to:
- office equipment and resources
- legislation and regulations relevant to contract law
- sources of information about contract law.
You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.
Feedback
Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.
Assessment Tasks
You will demonstrate competency by undertaking two assessments. You must successfully complete all assessments to be deemed competent in this unit.
Assessment 1: Reflections 1 & 2
Due: Sunday, 12 April 2020
Summary and Purpose: The objective of this assignment is to allow you to demonstrate that you have acquired the knowledge and skills taught in class to date and apply this knowledge to case studies. In order to be considered competent, you need to demonstrate you are working to the industry standard as required of a paralegal / conveyancer and present the written information in accordance with industry standard.
Assessment 2a: in-Class Test
Due: In-class Week 14
Summary and Purpose: The objective of this assignment is to allow you to demonstrate that you have acquired the knowledge and skills taught in class to date and apply this knowledge in Part A under the pressure of a sit down open book test for two hours including reading time on discharge and remedies applicable to a case study and in Part B, here, a take-home case study to be undertaken within a week to provide a letter of advice on misrepresentation and misleading or deceptive conduct under the Australian Consumer Law, after undertaking research.
Assessment 2b: Take Home Test
Due: Sunday, 31 May 2020
Summary and Purpose: In Part B, (this part), a take-home case study to be undertaken within 2 weeks to provide deal with several scenarios that cover on misrepresentation and misleading or deceptive conduct and exclusion clauses under the Australian Consumer Law, after undertaking some research.
Assessment Matrix
The assessment matrix that maps all the assessment is available on Canvas.
Other Information
Submission Requirements
- Ensure that you submit assessments on or before the due date.
- Always retain a copy of your assessment tasks. (hard copy and soft copy)
- When you submit work for assessment at RMIT University you need to use the Assessment task document that includes a declaration and statement of authorship.
- Each page of your assessment should include a footer with your name, student number, the title of the assessment, unit code and title and page numbers.
Resubmissions (VET Programs)
If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task you will be allowed one resubmission. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission.
If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.
Penalties for Late Submission
Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).
Extensions, Special Consideration and Adjustment to Assessments
Extensions:
Extensions are available for unforeseen circumstances of a short-term nature.
An application form must be submitted to the school at least one working day before the due date of the assessment.
Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)
Special consideration:
Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.
An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date
For more information, see the Special Consideration page of the RMIT website.
Adjustments to Assessment:
RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.
Changes to the Assessment Scheme
Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.
Feedback
You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.
Academic Integrity and Misconduct
Students demonstrate academic integrity in their assessment practices by:
- engaging with assessment activities in an honest way;
- providing accountability for the authorship and originality of work submitted;
- acknowledging the work of others and the re-use of original work.
Academic misconduct is addressed in accordance with the Student conduct policy
Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.
For further information see the Academic Integrity website.
Review and Appeal
A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.
Grade Criteria
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.
The following grades are available for this course.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit for assessment
Course Overview: Access Course Overview