Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course examines the nature and elements of contractual liability, including the rules relating to privity, discharge, vitiating factors, and remedies.
LAWS1702 - Principles of Contractual Liability, is an introduction to the main topics in contractual liability. The course continues the study of contract law that students began in LAWS1701. Topics studied include discharge of contract, vitiating factors, remedies, and liability under the Australian Consumer Law. Students will study a variety of legal sources, but the contractual principles governing these areas are predominately found in case law.ﾠ
Course requirements
Assumed background
It is assumed that students will have successfully completed LAWS1701: Principles of Contractual Agreement.ﾠ
Prerequisites
You'll need to complete the following courses before enrolling in this one:
LAWS1701
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS1003 or 2112
Restrictions
LLB(Hons) and LLB(Hons) duals
Course contact
Course staff
Lecturer
Dr Rouh Shi Low
Dr Wenting Cheng
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
Law of Contract II aims to develop practical legal skills as well as a knowledge and understanding of the law of contract.ﾠStudents are taught about legal doctrine (ie the rules and principles of law which would be applied in practice), but at the same time the course is designed to encourage students to develop a critical perspective on the law, setting it in economic, political, historical or philosophical contexts. The principles of contract law form a fundamental core of any legal system.
The course placesﾠa strong emphasis on developing students' intellectual skills, particularly analysis and application of the law to real examples.ﾠWe expect studentsﾠto think critically, to write clearly, and to be able to develop and support an argument. It is not simply about learning rules by heart. Therefore, although students must be ready to read widely, they also need to think deeply, and with a critical outlook.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Show an ability to prepare appropriately for classes, demonstrating knowledge of the discipline and an ability to respond to assigned tasks, and evidence the preparation in a written form;
LO2.
Demonstrate a good understanding and knowledge of the relevant legal principles;
LO3.
Apply these principles to a given set of facts in order to advise on the probable outcome of a dispute;
LO4.
Communicate precisely, clearly and accurately, in both written and oral form (as appropriate);
LO5.
Analyse and describe an existing legal position.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Quiz |
Online Tests to Support Tutorial Content
|
20% |
30/07/2024 - 22/10/2024 |
| Essay/ Critique |
Mid-Semester Assignment
|
30% |
2/09/2024 2:00 pm |
| Examination |
End-of-semester Examination
|
50% |
End of Semester Exam Period 2/11/2024 - 16/11/2024 |
Assessment details
Online Tests to Support Tutorial Content
- Online
- Mode
- Written
- Category
- Quiz
- Weight
- 20%
- Due date
30/07/2024 - 22/10/2024
- Other conditions
- Time limited.
- Learning outcomes
- L01, L02, L03, L04, L05
Task description
In the week following their tutorial, students will be required to complete an online quiz assessing their understanding of the material covered in the corresponding tutorial as well as its application to the seminar problem.
To help you manage your study workload, the quizzes are due progressively throughout the semester, in alignment with the work you will be undertaking in Tutorials. A more detailed timetable of due dates will also be provided on our course Blackboard site.
This assessment task evaluates students' abilities, skills and knowledge without the aid of generative Artificial Intelligence (AI) or Machine Translation (MT). Students are advised that the use of AI or MT technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.
Submission guidelines
The quizzes will be made available online, via Blackboard.
Deferral or extension
You cannot defer or apply for an extension for this assessment.
Mid-Semester Assignment
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 30%
- Due date
2/09/2024 2:00 pm
- Learning outcomes
- L02, L03, L04, L05
Task description
Format
Students will be required to submit an extended piece of written work in response to a prompt presenting a legal problem in the form of a hypothetical fact scenario.
The assessment will be released on the Learn.UQ site for the course at 9:00am on Monday 12 August 2024 (i.e.at the beginning of week 4). Your submission will be due on Monday 2 September at 2:00pm (i.e. at the beginning of week 7).
Word limit
- Maximum word limit: 1,500 words.
- Please note that the word limit is mandatory. Submissions must not exceed the word limit. The penalty for exceeding the word limit will be 5 marks (out of a total possible mark of 100) per 100 words (or part thereof) over the word limit. For example, if your raw mark was 65/100, but you were 10, 50 or 100 words over the word limit, your mark will be adjusted to 60/100.
- The word limit excludes headings.
- The word limit excludes footnotes. However, footnotes should be used for citation purposes only. Any substantive text that appears in a footnote will not be read and will not contribute to your mark.
- Ensure that you provide an accurate word count at the end of your submission. Any student found to have provided a false word count will be referred to the Academic Integrity Officer.
- You must not discuss the question with anyone else during the duration of the assessment task. Any student found to have done so will be referred to the Academic Integrity Officer.
Referencing
- Students must follow Australian Guide to Legal Citation (AGLC4) style (both in the main-body text and for citations).
- Do not attach a separate bibliography. This is not required.
Procedural matters
- Submissions must be either space-and-half or double-line spacing (footnotes may be in single-spacing).
- Use an appropriate font style and size (e.g. 12-point Times New Roman or 11-point Arial).
- Submissions must have a wide left-hand margin for comments; and also please justify the right-hand margin.
- Proof-read your submission.
Use of AI
This task has been designed to be challenging, authentic and complex. Whilst students may use AI technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference AI use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI tools.
Submission guidelines
Assignments must be submitted electronically via Turnitin. A submission link will be provided.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
End-of-semester Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 50%
- Due date
End of Semester Exam Period
2/11/2024 - 16/11/2024
- Learning outcomes
- L01, L02, L03, L04, L05
Task description
You will be required to respond to multiple problem-style questions. The exam paper will indicate the proportion of marks assigned to each question. Any of the questions may mix material from different aspects of the examinable topics. Any written or printed material is permitted in the exam. Material may also be annotated.
The exam will be conducted on campus during exam period. Further details of the examination will be advised closer to the examination.
Examinable Material
The Final Exam may examine material covered throughout the course, from the first week to the final week. It will cover any material or information contained (or referred to) in the lectures, Learning Guide or Seminar Exercises. Students will be advised on any material covered that will not be examined prior to the exam.
Use of AI
This assessment task is to be completed in-person. The use of Artificial Intelligence (AI) tools will not be permitted. Any attempted use of AI may constitute student misconduct under the Student Code of Conduct.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 120 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Open Book examination |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Own copy required
You'll need to have your own copy of the following reading resources. We've indicated below if you need a personal copy of the reading materials or your own item.
| Item | Description |
|---|---|
| Document |
Supplementary Notes
by Bigwood; Rick - 2024 |
| Document | Reading Materials |
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Week 1 (22 Jul - 28 Jul) |
Lecture |
Principles of Contractual Liability Introduction to the course and an outline of the basic principles of contractual liability, with a focus on the concepts of contractual performance and the doctrine of 'substantial performance'. Learning outcomes: L01 |
Week 2 (29 Jul - 04 Aug) |
Lecture |
Serious Breach and Repudiation General introduction to the concept of discharge of contract. Discussion of the right to terminate a contract for serious breach (breach of an essential term or a sufficiently serious breach of intermediate term) or repudiation. Learning outcomes: L01 |
Tutorial |
Tutorials in Week 2 Tutorials will focus on a single hypothetical fact scenario based on material covered in week 1. Learning outcomes: L01, L02, L03, L04, L05 |
|
Week 3 (05 Aug - 11 Aug) |
Lecture |
Termination of Contract and Effects of Termination Discussion of the doctrine of election, especially as it applies to termination of contract, as well as the effects of termination of contract on the rights of the contracting parties. Learning outcomes: L01 |
Tutorial |
Tutorials in Week 3 Tutorials will focus on a single hypothetical fact scenario based on material covered in week 2. Learning outcomes: L01, L02, L03, L04, L05 |
|
Week 4 (12 Aug - 18 Aug) |
Lecture |
Frustration of Contract Brief introduction to frustration of contract and revision of material covered in weeks 1-3. Learning outcomes: L01 |
Week 5 (19 Aug - 25 Aug) |
Lecture |
Privity and Enforcement An introduction to privity and enforcement of contract (especially specific performance and injunctions). Learning outcomes: L01 |
Tutorial |
Tutorials in Week 5 Tutorials will focus on a single hypothetical fact scenario based on material covered in weeks 3 and 4. Learning outcomes: L01, L02, L03, L04, L05 |
|
Week 6 (26 Aug - 01 Sep) |
Lecture |
Damages An introduction to the assessment of damages, remoteness and causation. Learning outcomes: L01 |
Tutorial |
Tutorials in Week 6 Tutorials will focus on a single hypothetical fact scenario based on material covered in week 5. Learning outcomes: L01, L02, L03, L04, L05 |
|
Week 7 (02 Sep - 08 Sep) |
Lecture |
Damages II Continued discussion of principles governing measurement of damages, including loss of chance, non-pecuniary damages, and mitigation. Learning outcomes: L01 |
Tutorial |
Tutorials in Week 7 Tutorials will focus on a single hypothetical fact scenario based on material covered in week 6. Learning outcomes: L01, L02, L03, L04, L05 |
|
Week 8 (09 Sep - 15 Sep) |
Lecture |
Mistake, Vitiating Factors and Rescission An introduction to vitiating factors in equity and at common law, particularly focussing on mistake. Learning outcomes: L01 |
Tutorial |
Tutorials in Week 8 Tutorials will focus on a single hypothetical fact scenario based on material covered in week 7. Learning outcomes: L01, L02, L03, L04, L05 |
|
Week 9 (16 Sep - 22 Sep) |
Lecture |
Misrepresentation at General Law An introduction to misrepresentation in contract at common law and in equity. Learning outcomes: L01 |
Tutorial |
Tutorials in Week 9 Tutorials will focus on a single hypothetical fact scenario based on material covered in week 8. Learning outcomes: L01, L02, L03, L04, L05 |
|
Week 10 (30 Sep - 06 Oct) |
Lecture |
Misleading or Deceptive Conduct An introduction to misleading or deceptive conduct under s 18 of the Australian Consumer Law. Learning outcomes: L01, L02, L03, L04, L05 |
Tutorial |
Tutorials in Week 10 Tutorials will focus on a single hypothetical fact scenario based on material covered in week 9. Learning outcomes: L01, L02, L03, L04, L05 |
|
Week 11 (07 Oct - 13 Oct) |
Lecture |
Duress, Undue Influence and Unconscionable Dealing Discussion of the basic legal doctrine concerning duress, undue influence and unconscionable dealing. Learning outcomes: L01 |
Week 12 (14 Oct - 20 Oct) |
Lecture |
Statutory Unconscionability, 3rd Party Impropriety Discussion of the basic legal instruments concerning statutory unconscionability and the doctrine concerning third party impropriety. Learning outcomes: L01 |
Tutorial |
Tutorials in Week 12 Tutorials will focus on a single hypothetical fact scenario based on material covered in weeks 10 and 11. Learning outcomes: L01, L02, L03, L04, L05 |
|
Week 13 (21 Oct - 27 Oct) |
Lecture |
Final Lecture: Revision and Exam Preparation Learning outcomes: L01, L02, L03 |
Tutorial |
Tutorials in Week 13 Tutorials will focus on a single hypothetical fact scenario based on material covered in week 12. Learning outcomes: L01 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: