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1. Contact Information
Role:
Course Convenor
Name:
Dilan Thampapillai
Room:
259
Telephone:
6125 3624
Email:
dilan.thampapillai@anu.edu.au
Consultation times:
The contact Information for Tutors will be available from the Course Wattle site from
Week 1.
2. Class Schedule
Lectures:
Day:
Monday
Time:
4-6pm
Room:
MCC T1
Day:
Wednesday
Time:
4-5pm
Room:
MCC T1
Beginning in Week 1 there will be a 2 hour lecture held on Mondays between 4-6pm and a onehour lecture on Wednesdays 4-5pm in the Manning Clark Centre in Lecture Theatre 1. The
lectures will be recorded.
Tutorials
Students will be required to enroll in a tutorial group in Week 1.
Tutorials will be open for enrolment on Wattle from 2pm on Monday, 21 July, 2014 and will
close at 5pm on Friday, 25 July, 2014.
You must ensure that you have enrolled in one of the tutorials during this time. Tutorials will
begin in Week 2. Further details about the tutorial times and rooms are available from the Wattle
course page. Tutorials will be interactive, giving you the opportunity to work through problems
and questions applying the information and knowledge gained from the set readings and work
done in the seminars.
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access additional resources and to read announcements. Please read the unit policy on online
communications before using the discussion forum on the Wattle site.
Thampapillai, Tan & Bozzi, Contract Law: Text and Cases, 1st ed 2012,
Oxford University Press; and
(ii)
Access to materials
These textbooks are available in the Law Library and a number of copies are in the short-loan
section of the Law Library. Material will also be posted to the course website on Wattle so you
need to check this site regularly.
4. Preliminary Reading
Please read Chapter 1 and Chapter 2 of Thampapillai, Tan and Bozzi.
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Contract law is an important foundation for other compulsory and elective courses taken later
in the degree including Property, Equity, Intellectual Property, Restrictive Trade Practices,
Consumer Law and Commercial Law.
the acquisition of a detailed knowledge of the principles of contract law covered in this
subject and the ability to demonstrate understanding of the development of these
principles;
the ability to apply this knowledge and understanding to hypothetical fact scenarios in order
to identify legal issues in such a scenario and provide preliminary advice to a
hypothetical client on the strengths and weaknesses of the clients case ;
the ability to communicate clearly both orally and in writing your knowledge and
understanding of the principles of contract law covered and the way in which that
knowledge is applied to address hypothetical problems involving the topics covered in
the course;
identify the relevant legal issues that arise on a given set of facts in the area of contract
law;
where applicable, distinguish the facts in decided cases from those in a given set of
facts; build this into an argument; and structure an answer to a problem question in a
logical and coherent manner;
7. Course Content
Knowledge and Skills
As noted above, the course covers contract formation, the construction and interpretation of
contracts, breach of contract and its consequences and the impact on the law of contract of
equitable doctrines and of statutes. This course will effectively be divided into four parts: (i)
formation; (ii) terms; (iii) vitiating factors and (iv) termination and breach. Students will be
expected to gain a sound knowledge of the doctrines that exist under each of the four parts
of Contract Law.
The skills on which we will be focussing are the skills of identifying legal issues; reading case
law (reading actively and for a particular purpose); and writing preliminary advice on the
application of relevant law to a set of facts. Work in tutorials will include working through
hypothetical fact scenarios. You will need to read actively the cases and materials indicated
on the course outline and on the course Wattle page in preparation for your seminars
and tutorials. In working through the hypothetical problems, you will need to apply the cases
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and materials you have been studying to the facts in these scenarios. The purpose of this
approach is to help you develop your ability to identify relevant legal issues in a problem,
distinguish facts in decided cases, develop legal arguments and test the strengths and
weaknesses of a legal position. To recap, through this approach, you should be able to further
develop your skills in:
Class Outline
Week Beginning
Lecturer/Teacher
Topic
Week 1
Dilan Thampapillai
21 July
Week 2
Formation
Formation
Formation
Formation
Parties
Terms
Terms
Vitiating Factors
Vitiating Factors
Pauline Thai
28 July
Week 3
4 August
Week 4
11 August
Week 5
18 August
Week 6
25 August
Week 7
1 September
Week 8
22 September
Week 9
29 September
Week 10
6 October
Week 11
13 October
Week 12
20 October
Week 13
Dilan Thampapillai
Revision
27 October
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10. Assessment
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 ANU Online website http://online.anu.edu.au/turnitin.
Students may choose not to submit assessment items through Turnitin. In this
instance you will be required to submit, alongside the assessment item itself,
copies of all references included in the assessment item.
None of the assessments are redeemable. Failure to submit the compulsory assignment or to sit
the final exam will result in a student receiving an NCN Grade (a fail grade due to non-completion)
for the entire course. Also, if the examiner is of the view that a genuine attempt at the Assignment
has not been made the student will receive an NCN grade.
Students should consult the current LLB and JD Handbook (available on the web at
http://law.anu.edu.au/Undergraduate/ ) for information concerning special consideration, special
exam arrangements for students with a disability/medical condition and special and
supplementary examinations.
1. The Assignment (40%)
The Assignment is currently available on the Course Wattle site. Please take the time to download
and read the Assignment. Please note the following:
- The Assignment comprises four inter-related problem questions.
- Each question is worth 10 marks.
- Each question must be answered.
- The word limit for the Assignment is a strict 3000 words.
- The recommended word count for the Assignment is 2500 words, but penalties will only
be applied after 3000 words.
- The Assignment is due on 1 September 2014 at 4pm.
- The Assignment must be submitted online on the Course Wattle site and in hard copy at
the Faculty Office.
- You may do the Assignment individually or as a pair.
- If you submit your assignment as a pair you must provide a statement stating that you
both contributed to the assignment equally or that your contributions were unequal.
- Where the contributions are significantly unequal different marks may be awarded to
each student.
- The word limit will remain the same regardless of whether you complete the Assignment
individually or as a pair.
- All assignments that are submitted online will generate a Turnitin Report. Turnitin will be
discussed in Lecture One.
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your skills in identifying the relevant legal issues in a fact scenario concerning contract
law;
your ability to demonstrate your understanding of the relevant law to apply to the fact
scenario concerning contract law;
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and foster effective and appropriate class discussion based on the prescribed and
recommended readings and other course materials.
3. Final Examination (50%)
The final examination will be an open book exam and will take place during the examination
period in November, 2014. The examination will cover the whole of the course. It will require
students to advise a hypothetical client or clients about their legal rights and obligations, and will
assess the skills developed throughout the semester and assessed earlier in the semester.
Details of the examination are:
Reading time: 60 minutes
Writing time: 90 minutes
Number of questions: Two compulsory problem questions. There will be no choice of
questions.
Weighting: 50% of the final mark
Permitted materials: All except ANU Library books and restricted electronic devices.
Relationship of assessment task to course objectives
The exam is summative assessment designed to assess:
your skills in identifying the relevant legal issues in a fact scenario concerning contract
law;
your ability to demonstrate your understanding of the relevant law to apply to the fact
scenario concerning contract law;
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In accordance with the Universitys Principles for Determination of Systems of Assessment the
course coordinator or lecturer will discuss with and explain to you the assessment system in
classes during the first two weeks of the semester.
Information about the Colleges rules and policies about assessmentincluding special
consideration and special and supplementary examinations, penalties associated with
exceeding word lengths and latenessis contained in the LLB &JD Handbook available in
hard copy from the Student Administration Office or online at http://anulaw.anu.edu.au/llb/llbhandbook. Links to this information will be available on the course Wattle site. Unless otherwise
specified in the assessment scheme detailed above, the policies, procedures and penalties
specified in the LLB & JD Handbook will apply to all assessment in this course.
hours,
can
be
found
at
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or to utilise the ANU's student support services, links to which can be found at
http://students.anu.edu.au/ (including the Academic Skills and Learning Centre at
http://academicskills.anu.edu.au, the Counselling Centre at http://counselling.anu.edu.au and
the Disability Services Centre at http://disability.anu.edu.au.)
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READING LIST
WEEK 1: INTRODUCTION TO THE LAW OF CONTRACT
Prescribed reading:
Thampapillai: Chapters 1, 2 and 3.
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