The Contracts course is one of the foundation subjects in the law program and examines a central aspect of the law of obligations.

This course meets the requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Contracts. 

This course meets the following requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Equity: 

• specific performance 
• injunction 
• damages in equity 
• estoppel 
• vitiating factors 
• unconscionability 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Analyse and apply the fundamental principles of contract law.
2. Propose solutions to resolve a range of hypothetical contract law problem scenarios.
3. Communicate the principles and application of contract law to a variety of legal and non-legal audiences in a range of oral and/or written formats.
4. Critically analyse the theoretical underpinnings of the contract law topics covered in this course, with reference to their broader context and a range of diverse perspectives.
5. Synthesise and apply a range of legally specific research principles, methods, primary legal resources, and tools to respond to a factually complex contract problem.

Research-Led Teaching

The central tenets of contract law are largely well-settled, and it remains one of the few areas of law in which the doctrines continue to be developed through case law. 

Research in the substantive area of contract law informs the selection of topics and the degree of detail in which they are considered.

Required Resources

The prescribed book for the course is: Andrew Robertson and Jeannie Paterson, Contract: Cases and Materials 14th ed, Thomson Reuters, 2020. ISBN 9780455243948.

Recommended Resources

Optional readings of academic papers and other materials related to the topics of each week's lecture will be posted on Wattle site.

These optional readings are purely for your own interests, and you would not be expected to address them in tutorials or in any of the assessments.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to the whole class, to groups and to individuals

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/current-students/policies-procedures/grading

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	General Introduction - Video on Wattle siteLecture 1: Introduction & Agreement (Offer)	In line with the University’s recording policy, lectures will be recorded and made available for students on Echo360.However, lecture recordings are only an additional resource, and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.AT2 questions for Tutorial 2 release by 5pm Friday 26 July 2024
2	Lecture 2: Agreement (Acceptance)	Tutorial 1AT1 Questions Release
3	Lecture 3: Consideration	AT2 questions for Tutorial 3 release
4	Lecture 4: (1) Certainty and Intention and (2) Capacity and Privity	Tutorial 2AT2 exercise
5	Lecture 5: Incorporation of Terms	AT2 questions for Tutorial 4 release
6	Lecture 6: Contract Construction	Tutorial 3AT1 Due on 5pm Thursday 29 Aug.2024AT2 exercise 2-13 Sept. 2024- Teaching BreakFeedback & Consultation with Lecturer
7	Lecture 7: Implied Terms	AT2 questions for Tutorial 5 release
8	Lecture 8: (1) Termination by agreement and (2) Contingent conditions	Tutorial 4AT1 results released 5pm Thursday 26 Sept. 2024AT2 exercise
9	Lecture 9: Termination for breach
10	Lecture 10: Remedies and introduction to vitiating factors	Tutorial 5AT2 exercise
11	Lecture 11: (1) Duress and Undue Influence and (2) Unconscionable dealing (conduct)
12	Lecturer 12: Revision	Tutorial 6

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials / seminars so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Problem-based Research Assignment	40 %	29/08/2024	01/10/2024	1,2,3,4,5
Tutorial Exercise	10 %	*	*	1,2,3,4
Attendance	0 %	*	*
Final Examination	50 %	*	*	1,2,3,4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

This course is taught face to face in all lectures and tutorials. The ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

This course will include a final examination. Examinations are conducted on campus during the University's examination period. Students should consult the exam timetable when it has been finalised.

Assessment Task 1

Problem-based Research Assignment

Details of Task: You will be provided with a hypothetical fact scenario and asked to advise one of the parties in the scenario on the strengths and weaknesses of their position. The assignment will cover material up to and including the material covered in Week 4 of the lectures.

Nature of Task: This is compulsory and non-redeemable. Failure to complete this task will result in a 0 for this assessment task.

Weighting: 40%

Release: 9am, Thursday 1 August 2024 via Wattle.

Word Limit: 2,000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Due Date: 5pm, Thursday 29 August 2024 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 1 October 2024 via Turnitin.

Assessment Criteria:

• Define, distinguish and apply the basic concepts and terminology of the law of contract;
• Construct a proposition of contract law established by case law;
• Identify the relevant legal issues that arise on a given set of facts in the area of contract law;
• Distinguish the facts in decided cases from those in a given set of facts;
• Recognise and appraise the interaction between the contract formation doctrines;
• Formulate written arguments in response to a given set of facts;
• Select and apply a range of approaches to written communication, and apply the critical thinking required to bring about creative solutions to complex legal problems in the area of contract law;
• Use, interpret and apply a range of primary materials in both on-line and traditional media from international and national sources;
• Use legal citation conventions appropriately in the course of legal writing.

Assessment Task 2

Tutorial Exercise

Details of Task: The Tutorial Exercise is a 10% assessment linked to Tutorials 2-5 inclusive. Students will be assigned a week and a question and will be required to orally present arguments in response to a hypothetical problem.

Nature of Task: Compulsory and non-redeemable. Failure to complete this task will result in a 0 for this assessment task.

Weighting: 10%

Release: Students will be required to complete this exercises in Tutorial 2, 3, 4 or 5. Students will be assigned a week and a question. The problem for each week will be released 2 weeks in advance (e.g. for the tutorial in week 4, the problem will be released on the Friday of Week 1).

Estimated Return Date: Official end of semester results release date.

Assessment Criteria:

• Define, distinguish and apply the basic concepts and terminology of the law of contract;
• Define and distinguish amongst the various contract law doctrines;
• Construct a proposition of contract law established by case law;
• Identify the relevant legal issues that arise on a given set of facts in the area of contract law;
• Distinguish the facts in decided cases from those in a given set of facts;
• Formulate oral arguments in response to a given set of facts.

Assessment Task 3

Attendance

Details of Task: Students are required to attend all tutorials, and to participate in discussion in tutorials. Attendance will be noted by tutors at each tutorial (by students signing for their attendance). Students should bring their name card (to be distributed in Week 1) to each tutorial that they attend to facilitate teaching and discussions in the tutorials.

Nature of task: Compulsory. Failure to complete these requirements may result in a loss of up to 5% of the marks overall for the course.

Weighting: Failure to attend 5 out of 6 tutorials without documented special circumstances will result in 5% being deducted from students' overall mark for the course.

Due Date: Ongoing. Any further absence from class, excluding the one unexplained absence, will require students to outline the circumstances that prevented their attendance along with the appropriate documentation.

Exceptional circumstances that may warrant approval may include, but are not limited to:

• medical reasons (student injury, illness or medical condition, including COVID illness or isolation);
• family/personal reasons (family injury or illness, bereavement);
• cultural or religious commitments; where a cultural or religious event conflicts with the scheduled seminar.

Please note that approval will not be given for work related reasons.

From your ANU email address, you must email enquiries.law@anu.edu.au  indicating

1. your full name and student ID;
2. the date you will be absent (or were absent) from the seminar;
3. the exceptional circumstances you have experienced that have necessitated your absence; and
4. relevant documentation that supports your claims.

Further details will be provided on the course Wattle site.

For this matter, please do NOT email your Course Convenor or tutor for privacy reasons. All medical and other personal documentation that is sent to CoL Enquiries, will be destroyed from the provided email address on the server once the assessment has been made.

Assessment Task 4

Final Examination

Details of Task: The examination will cover material covered in the course from Week 5 through to Week 12. It will require you to advise a hypothetical client or clients about their legal rights and obligations. 

Nature of Task: Compulsory and non-redeemable. Failure to sit this exam will result in a mark of zero for this task.

Weighting: 50%

Time, Date and Duration: The examination will be held during the end-of-semester examination period. Students should consult the ANU Examination Timetable closer to the examination period to confirm the final time, date and duration of the examination.

If you experience extenuating circumstances and are unable to sit the examination at its scheduled time and date, you should submit an Extenuating Circumstances Application (ECA), via ISIS, within five working days of the original date of the examination. Your application will be processed by the Examinations Office. If it is approved, they will notify you, via email, of the details of your deferred examination which will be held during the first week of the following semester.

Estimated Return Date: Official end of semester results release date.

Assessment Criteria:

• Define, distinguish and apply the basic concepts and terminology of the law of contract;
• Define and distinguish amongst the various contract law doctrines;
• Construct a proposition of contract law established by case law;
• Identify the relevant legal issues that arise on a given set of facts in the area of contract law;
• Distinguish the facts in decided cases from those in a given set of facts;
• Formulate written arguments in response to a given set of facts;
• Select and apply a range of approaches to written communication, and apply the critical thinking required to bring about creative solutions to complex legal problems in the area of contract law;
• Use, interpret and apply case law and legislation as appropriate;
• Use legal citation conventions appropriately in the course of legal writing under exam conditions.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Accessibility for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students