| Semester 1, 2020 On-campus Springfield | |
| Short Description: | Contract and Torts A |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 3 |
| ASCED code : | 090900 - Law |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite or Co-requisite: BEDU (Legal Studies) Students LAW1111 or LAW1201; all other Students (LAW1111 and LAW1112) or LAW1201
Other requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
Rationale
This is a core course in the Bachelor of Laws and is mandated by the Legal Practitioners Admissions Board, Queensland, being a prescribed area of legal knowledge for legal practice.
Synopsis
LAW1113 (Part A) (weeks 1 to 6 of semester 1) concerns aspects of the law of contract which is the basis of all commercial transactions and essential for all facets of professional endeavour. Students will gain a broad theoretical understanding of the basis of the law of contract. Specifically the aim of this course is to equip students with knowledge of the legal requirements for contract formation; the capacity of parties to enter into in to contracts; and the required content of a legally enforceable contract.
LAW1113 (Part B) (weeks 7 to 12 of semester 1) concerns aspects of the law of tort which sets the standards of behaviour between members of society. Students will gain an understanding of the circumstances in which an action for the tort of negligence may lie, the elements of the cause of action, the remedies available and possible defences to the action.
Objectives
On successful completion of this course, students should be able to:
- apply general policies underlying the law of contract in Australia in order to evaluate those laws, in particular for the topics considered in this course;
- apply general policies underlying the law of negligence in Australia in order to evaluate those laws, in particular for the topics considered in this course;
- demonstrate academic and professional literacy skills, and ethical research and enquiry skills by locating and analysing primary law materials and secondary materials (as relevant) while critically reviewing an issue in law relevant to the topics considered in this course;
- explain the legal principles relevant to the topics considered in this course;
- apply such legal principles to given fact situations in order to determine the likely outcome to issues raised;
- demonstrate satisfactory written communication skills.
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | Introduction to the law of contract (Part A) | 5.00 |
| 2. | Formation of contract (Part A) | 20.00 |
| 3. | Parties to the contract including privity of contract (Part A) | 10.00 |
| 4. | Contents and interpretation of contracts (Part A) | 15.00 |
| 5. | Introduction to the law of torts (Part B) | 5.00 |
| 6. | Negligence standard of care, duty of care and damage (Part B) | 20.00 |
| 7. | Contributory negligence, voluntary assumption of risk (Part B) | 15.00 |
| 8. | Statutory provisions affecting actions for negligence (Part B) | 10.00 |
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2020&sem=01&subject1=LAW1113)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Butler, DA 2018, LexisNexis questions and answers - contract law, 6th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(Part A. Latest edition is required.)
(Part A. Latest edition is required.)
Gooley, J, Radan, P & Vickovich, I 2018, Principles of Australian contract law, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(Part A. Latest edition is required.)
(Part A. Latest edition is required.)
Gooley, J, Radan, P & Vickovich, I 2018, Principles of Australian contract law: cases and materials, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(Part A. Latest edition of required.)
(Part A. Latest edition of required.)
Mann, T (ed.) 2017, Australian law dictionary, 3rd edn, Oxford 精东传媒app Press, South Melbourne, Victoria.
(Part A. Latest edition is required.)
(Part A. Latest edition is required.)
Sappideen, C, Vines, P & Watson, P 2016, Torts: commentary and materials, 12th edn, Thomson Reuters, Pyrmont, New South Wales.
(Part B. Latest edition is required.)
(Part B. Latest edition is required.)
YOU ARE REQUIRED TO PURCHASE THE HARD COPY OF THESE BOOKS, NOT THE eBOOK, AS AN eBOOK CANNOT BE TAKEN INTO THE EXAMINATION ROOM.
Reference materials
Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Carter, JW 2018, Contract law in Australia, 7th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(Part A.)
(Part A.)
Luntz H, Hambly, D, Burns, K, Dietrich, J & Foster, N 2017, Torts: cases and commentary, 8th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(Part B.)
(Part B.)
Stickley, A & McGlone, F 2016, Australian torts law, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(Part B.)
(Part B.)
Willmott, L, Christensen, S & Butler, D 2018, Contract law, 5th edn, Oxford 精东传媒app Press, South Melbourne, Victoria.
(Part A.)
(Part A.)
Students will have available to them electronically through the USQ Library various resources and legal databases. Students should contact the USQ School of Law librarian directly if they need assistance to utilise such electronic resources and legal databases.
Student workload expectations
| Activity | Hours |
|---|---|
| Directed 精东传媒app | 55.00 |
| Independent 精东传媒app | 110.00 |
Assessment details
| Description | Marks out of | Wtg (%) | Due Date | Notes |
|---|---|---|---|---|
| ONLINE TEST 1 | 15 | 15 | 09 Apr 2020 | |
| ONLINE TEST 2 | 15 | 15 | 04 Jun 2020 | |
| ONLINE EXAM | 70 | 70 | End S1 | (see note 1) |
Notes
- This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via 精东传媒appDesk.
Important assessment information
-
Attendance requirements:
Online: There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
On-campus: It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
Due to COVID-19 the requirements for S1 2020 are: To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.
Requirements after S1, 2020: To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.) -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
Due to COVID-19 the requirements for S1 2020 are: To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Requirements after S1, 2020: To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course. -
Examination information:
Due to COVID-19 the requirements for S1 2020 are: An Open Examination is one in which candidates may have access to any printed or written material and a calculator during the examination
Requirements after S1, 2020: This will be an open examination. Candidates may have access to any printed or written material during the examination. -
Examination period when Deferred/Supplementary examinations will be held:
Due to COVID-19 the requirements for S1 2020 are: The details regarding deferred/supplementary examinations will be communicated at a later date.
Requirements after S1, 2020: Any Deferred or Supplementary examinations for this course will be held during the next examination period. -
精东传媒app Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene 精东传媒app policies and practices. These policies can be found at .