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Course profile

Advanced Studies in Contract (LAWS7948)

Study period
Sem 1 2025
Location
External
Attendance mode
Online

Course overview

Study period
Semester 1, 2025 (24/02/2025 - 21/06/2025)
Study level
Postgraduate Coursework
Location
External
Attendance mode
Online
Units
2
Administrative campus
St Lucia
Coordinating unit
Law School

This course will examine select topics in the formation, modification, vitiation and termination of commercial contracts, including remedies for breach of contract. Students who successfully complete this course will have acquired an in-depth knowledge of contemporary aspects of the law relating to the enforceability and enforcement of contracts; been introduced to a wide range of commercial contracts and contractual disputes; developed an ability to predict possible future developments in Australian contract law; and enhanced their analytical and problem-solving skills.

Course requirements

Restrictions

LLM (16 and 24 units)

Course contact

Course staff

Lecturer

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 aboutᅠthe 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

This course aims to give students anᅠadvanced understandingᅠof the law relating to the formation, modification, enforcement and vitiation of contractsᅠas that law is applied in Queensland and Australia more broadly. The course also aims to put Australian contract law in international perspective by providing students with comparative insights from cognate jurisdictions overseas where relevant and useful. The course consists of a principle-based overview of the broadᅠlandscape of modern contract law in Australia, punctuated by deeper examinations into more specific problems and case studiesᅠthat feature in the landscape and which may concern the practitioner in particular.

Learning outcomes

After successfully completing this course you should be able to:

LO1.

Understand the key legal principles relating to the formation, modification, enforcement and vitiation of contracts and contractual relationships, as well their corresponding underlying rationales.

LO2.

Apply those principles to identify, evaluate and resolve potential issues that might arise in relation to the formation, modification, enforcement and vitiation of contracts.

LO3.

Apply those principles to assist in avoiding legal disputes that might arise in relation to contracts and contractual activity.

LO4.

Appreciate continuing controversies in relation to the formulation, development and application of contract law in contemporary Australian society, as well as holding an educated view as to how those controversies might be effectively resolved in the future.

Assessment

Assessment summary

Category Assessment task Weight Due date
Paper/ Report/ Annotation Research Proposal
  • Online
40%

2/05/2025 2:00 pm

Paper/ Report/ Annotation Research Paper
  • Online
60%

16/06/2025 2:00 pm

Assessment details

Research Proposal

  • Online
Mode
Written
Category
Paper/ Report/ Annotation
Weight
40%
Due date

2/05/2025 2:00 pm

Learning outcomes
L01, L02, L03, L04

Task description

Students are required to submit a research proposal of 2,000 words comprising:

- A detailed description of the research project, situating it within the existing literature. The research proposal should:

  •  demonstrate scholarly ability to identify relevant resources and to summarise and categorise existing knowledge;
  • identify the ‘gap’ in the knowledge that your paper is attempting to address and key research questions that will be addressed;
  • position your project in the context of existing knowledge; and
  • clearly identify the aims, scope and boundaries of your project.

- There is no single correct way to write a research proposal. It is probably best simply to organise your text/discussion around fairly obvious headings, such as:

  • Statement of the problem;
  • Research question(s) arising from the problem and to be examined in the paper;
  • The basic aims of the paper (or contribution sought to be made to the existing literature in the field);
  • The methodologies applied (see, e.g., Terry Hutchinson and Nigel Duncan, ‘Defining and Describing What We Do: Doctrinal Legal Research’ (2012) 17(1) Deakin Law Review 83; Terry Hutchinson, Researching and Writing in Law (Lawbook Co, 4th ed, 2018));
  • Tentative conclusions (or indication of what the key argument(s) and research outcome(s) is (are) likely to be;
  • Bibliography.

- Note that a 10 per cent leeway on word count is applied. Discussion exceeding the leeway (2200 words) may be disregarded by the marker.  Footnotes are not included in the word count. However, they should be limited to reference citations only. Any substantive discussion in a footnote will be disregarded by the marker. (For the avoidance of doubt, headings are not included in the word count, but quotations are.)

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 Policy.

Submission guidelines

Assignments must be submitted electronically via the submission link on the course Blackboard site.

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

Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should 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%.

Research Paper

  • Online
Mode
Written
Category
Paper/ Report/ Annotation
Weight
60%
Due date

16/06/2025 2:00 pm

Learning outcomes
L01, L02, L03, L04

Task description

Students are required to submit an original, scholarly research paper of 5,000 words (with a 10 per cent leeway). The content of the paper must be consistent with the research proposal developed by the student. The precise format of the paper should be determined in conjunction with the course coordinator.

Any material in excess of the word count will be disregarded by the marker. Footnotes are not included in the word count. However, they should be limited to reference citations only. Any substantive discussion in a footnote will be disregarded by the marker. (For the avoidance of doubt, headings are not included in the word count, but quotations are.)

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 Policy.

Submission guidelines

Assignments must be submitted electronically via the submission link on the course Blackboard site.

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

Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should 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%.

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.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

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Learning period Activity type Topic
Week 3

(10 Mar - 16 Mar)

Lecture

Lecture - Day 1 & 2

Lecture topics:

  • Introduction to the Course: General house-keeping and overview of the course content and objectives, including an overview of the "anatomy" of contract law.
  • Contract Contents (Terms): Re-cap of Day 1 plus and introduction to problems that typically arise in connection with contractual "terms".

Learning outcomes: L01, L02, L03, L04

Seminar

Seminar - Day 1 & 2

Seminar Topics:

  • Estoppel and Contract: Discussion around the intersection between contract law and equitable estoppel as the latter affects contracts and contractual activity in particular.
  • Issues in Contract Formation: Consideration of select issues in the connection with the formation of contracts, including "informal contracting", documents of indeterminate status, deferred agreements and the problem of "broken machinery".
  • Contract Changes: An examination of the problem of informal contract variations, including recent legal developments in this area.
  • Discovering the Terms: Consideration of the modern approach to identifying the terms of a contract, which particular reference to "piercing the written contract" (the parol evidence rule) and the role of "entire agreement" clauses (etc).
  • "Incorporated" Terms and "Non-Express" Terms: A discussion around the incorporation doctrine in modern contract law (the signature rule and assent in other ways); plus an overview, with examples, of the law relating to "unexpressed" contractual terms.
  • "Exception" Clauses and Control of "Unfair" Terms: An overview of the law's approach to the construction of "exception" (i.e., exclusion, exemption, limitation, etc) clauses, as well as a brief introduction to the statutory control of "unfair" contractual terms in consumer and small-business contracts.

Learning outcomes: L01, L02, L03, L04

Week 11

(12 May - 18 May)

Lecture

Lecture - Day 3 & 4

Lecture Topics:

  • Introduction to "Liability" Issues: Overview of Day 3 and Day 4 content of the course, including an outline of the concepts of performance and breach, as well as an introduction to the various bases for termination of a contract.
  • Introduction to Contract Vitiation: Completion of the material from Day 3 (if necessary), followed by an introduction to the concept and examples of "contract vitiation".

Learning outcomes: L01, L02, L03, L04

Seminar

Seminar - Day 3 & 4

Seminar Topics:

  • Termination for Breach and Repudiation: Continuation of the discussion from the first session, including the "mechanics" of termination, general-law restrictions on termination, and the legal effects of an effective termination.
  • Contract Enforcement I: Discussion about the concept of enforcement (remedies), including matters of privity, "self-help" remedies, and court-ordered remedies in the nature of coercion (specific performance and injunction).
  • Contract Enforcement II: A discussion of the compensation principle in relation to contractual breach, including the "interests" protected by an award of damages and the legal approach to the assessment of a damages award in contract. (This discussion may carry through to the first session of Day 4 of the course.)
  • Policy-Motivated Vitiating Factors: An overview and discussion of "externalist" vitiating factors such as illegality and public policy, plus and introduction to "consent"-oriented vitiating factors in law and equity.
  • Mistake and Misinformation: An overview of the modern law relating to mistake and misleading or deceptive conduct in contract formation.
  • Pressure, persuasion, coercion and exploitation: A discussion of other "consent"-oriented vitiating factors, including duress, undue influence, unconscionability (in equity and under statute), and third-party impropriety.

Learning outcomes: L01, L02, L03, L04

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:

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: