| Semester 2, 2022 Online | |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Grading basis : | Graded |
| Course fee schedule : | /current-students/administration/fees/fee-schedules |
Staffing
Examiner:
Requisites
Pre-requisite: (LAW2202 or LAW1123 or LAW5602 or LAW5123) and (LAW3203 or LAW2213 or LAW5703 or LAW5213)
Overview
Queensland has a specialised legal system relating to land contracts. Land contracts are an integral part of legal process in Queensland. There is a demonstrated need for those involved in that process to be fully aware of contract law as it applies to land contracts, the impact and legal effect of the adoption of the standard land contract and the differences in law and procedure as apply to the various types of land tenure that exist under the Torrens title system.
The course will provide a comprehensive coverage of the law of land contracts. The course will examine the major elements in a land contract from pre-contract negotiations to post transfer rights and obligations. Students will be expected to draft various clauses applicable to the standard land contract to overcome various problematic situations and know the standard land contract conditions in detail. Easements and other common title encumbrances will be considered. Whilst some emphasis is placed on a residential land transfer, the peculiarities of commercial, rural, strata title land contracts are also considered.
Course learning outcomes
On successful completion of this course, students should be able to:
- locate and analyse primary law materials and secondary materials (as relevant) while examining an issue relevant to land contracts;
- explain the legal principles relevant to a land contract; comprehend fully the integration of contract law, standard form clauses and documents, procedure and the Torrens Tiles System as all apply in a land contract;
- apply such legal principles to given fact situations in order to determine the likely outcome to issues raised; draft short clauses; apply contract conditions to solve a problem scenario;
- display a fundamental knowledge of the essential concepts;
-
demonstrate satisfactory skills in:
- comprehension of legal and other materials
- analytical and critical thinking, including analysis of law and facts
- logical analysis and reasoning in the presentation of legal and other arguments, including the application of law to factual scenarios in the presentation of solutions to legal issues and problems
- written and oral communication
- legal writing and research
- understanding of local and national perspectives in law and related areas, including indigenous, multicultural and gender perspectives
- legal writing and drafting, including letter writing and other documents.
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. |
i. Contract law revision as applicable to land contracts ii. The conveyance process in Queensland iii. The standard land contract iv. Torrens titling v. Residential land contracts vi. Commercial, rural and strata title land contracts vii. Land subdivision contracts viii. Special clauses, procedures and scenarios |
100.00 |
Text and materials required to be purchased or accessed
Student workload expectations
To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.
Assessment details
| Description | Group Assessment |
Weighting (%) | Course learning outcomes |
|---|---|---|---|
| Essay | No | 20 | 1,2,3,4,5,6 |
| Problem Solving 1 | No | 40 | 1,2,3,4,5,6 |
| Problem Solving 2 | No | 40 | 1,2,3,4,5,6 |