4
/ Diploma in Law /LEGAL PROFESSION
ADMISSION BOARD
/ /LAW EXTENSION COMMITTEE
LAW EXTENSION COMMITTEE SUBJECT GUIDE
04 CONTRACTS
SUMMER SESSION 2017-18
This Guide includes the Law Extension Committee’s course information and teaching program and the Legal Profession Admission Board’s syllabus. The syllabus is contained under the heading “Prescribed Topics and Course Outline” and has been prepared in accordance with Rule 27H(a) of the NSW Admission Board Rules 2015.
Course Description and Objectives / 1Lecturers / 1
Assessment / 1-2
March 2018 Examination
Online Tutorials / 2
3
Texts and Materials / 3
Lecture Program / 4
Weekend Schools 1 and 2 / 5-6
Compulsory Assignment / 6
Assignment Questions / 6
Prescribed Topics and Course Outline / 7-19
Problem Questions / 20-34
Extracts from Legislation:
Civil Liability Act 2002 (NSW) / 35-38
Australian Consumer Law / 39-48
Contracts Review Act 1980 / 49-60
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LAW EXTENSION COMMITTEE
/SUMMER 2017-18
04 CONTRACTS
COURSE DESCRIPTION AND OBJECTIVES
The law relating to contracts is one of the pillars of the common law system. An understanding of the basic elements of contract law is thus a critical pre-requisite for the study of a number of later subjects, including Conveyancing, Commercial Transactions and Industrial Law. The course aims to provide students with an understanding of the basic principles of contract law that apply to nearly all contracts. In fulfilling this aim, the course focuses primarily on a study of relevant case law and statute law. The course covers the elements of formation of contracts, terms of a contract, matters affecting consent to a contract, discharge of contracts, remedies, and third party rights.
Special principles that apply to specific types of contracts are dealt with in later courses.
The objectives of the course are:
(a) to provide students with an understanding of basic principles of contract law; and
(b) to develop in students an ability to analyse fact situations and correctly identify the relevant principles of contract law that are applicable to the resolution of problems raised by particular factual situations.
LECTURERS
Alexander Kuklik, BJaps (ANU), LLB (Hons) (ANU), LLM (Sydney), Grad Dip Military Law (M) (ANU)
Alexander Kuklik a Barrister at Wentworth Chambers, Sydney practising in contract and commercial law.
Prof Peter Radan, BA, LLB, PhD (Syd), DipEd (SCAE), FAAL
Peter Radan is a Professor of Law at Macquarie Law School. He holds the degrees of Bachelor of Arts, Bachelor of Laws and Doctor of Philosophy from the University of Sydney, as well as a Diploma in Education from Sydney College of Advanced Education. He has been a teacher with the Law Extension Committee since 1984. His most recent published books include (with C Stewart) Principles of Australian Equity & Trusts (3rd ed, LexisNexis, 2016) and (with J Gooley & I Vickovich) Principles of Australian Contract Law (4th ed, LexisNexis, 2017).
ASSESSMENT
To be eligible to sit for the Board’s examinations, all students must complete the LEC teaching and learning program, the first step of which is to ensure that you have registered online with the LEC in each subject for which you have enrolled with the Board. This gives you access to the full range of learning resources offered by the LEC.
To register with the LEC, go to www.sydney.edu.au/lec and click on the WEBCAMPUS link and follow the instructions. Detailed guides to the Webcampus are contained in the material distributed by the LEC, in the Course Information Handbook, and on the Webcampus.
Eligibility to Sit for Examinations
In accordance with the Legal Profession Admission Rules, the LEC must be satisfied with a student’s performance in a subject in order for the student to be eligible to sit for the examination, conducted by the Legal Profession Admission Board (LPAB). Assignments are used to assess eligibility.
Students are expected to achieve at least a pass mark of 50% in assignments to be eligible to sit for examinations. However, a category of “deemed eligible” has been introduced to offer students whose assignment mark is between 40-49% an opportunity to sit for the examination. In these circumstances students are often advised not to sit. A mark below 40% means a student is not eligible to sit for the examination.
Assignments as part of the Board’s Examinations
Assignment results contribute 20% to the final mark in this subject.
The Law Extension Committee (LEC) administers the setting and marking of assignments. The LEC engages the LPAB’s Examiners to assess or supervise the assessment of assignments.
Submission
Assignments must be received by 11:59pm on the due date unless an extension has been granted. Extensions must be requested by email prior to the due date. Specific supporting evidence must be provided. Assignments that are more than ten days late will not be accepted. Late assignments attract a penalty of one mark out of 20, or 5% of the total marks available, per day.
Assessment
Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined in the Guide to the Presentation and Submission of Assignments. Prior to the examination, assignments will be returned to students and results posted on students’ individual results pages of the LEC Webcampus. Students are responsible for checking their results screen and ascertaining their eligibility to sit for the examination.
Review
Where a student’s overall mark after the examination is between 40-49%, the student’s assignment in that subject will be included in the Revising Examiner’s review. The final examination mark is determined in accordance with this review. Assignment marks will not otherwise be reviewed.
MARCH 2018 EXAMINATION
Candidates will be expected to have a detailed knowledge of the prescribed topics. A detailed outline of the prescribed topics is set out below under the heading ‘Prescribed Topics and Course Outline’.
Candidates will be expected to have made a study of the prescribed materials in relation to those topics, and to have analysed the cases and statutory provisions referred to in the Law Extension Committee's course outline.
The examination will consist of three questions. Students will have to complete all three questions. Two of those questions will be worth 27 marks each; one will be worth 26 marks.
Questions will either be problem-type questions or short essay questions based around the case law or legislation studied.
The examination will constitute 80% of the final mark in this subject.
The examination will be a closed book examination. A case list will appear in the examination. The legislation appearing at the back of this outline will also be reproduced in the exam.
Please note: All questions in relation to the examination should be directed to the Legal Profession Admission Board, not the Law Extension Committee.
ONLINE TUTORIALS
The LEC will be running a series of online tutorials this semester, which will focus on developing legal problem solving skills using questions from a different area of Contracts each week. The program will run for approximately 8 weeks and each tutorial will be an hour long. The tutorials will be especially of use to distance students and those repeating the subject.
All students registered in Contracts will be sent an email in week 2 of semester with further details and instructions on how to apply.
texts and materials
Course Materials
· Guide to Presentation and Submission of Assignments (available on the LEC Webcampus)
Prescribed Materials
· Radan, Gooley & Vickovich, Principles of Australian Contract Law, 4th ed, LexisNexis, Oct 2017 (together with up-dates available on the LEC Webcampus)
· Radan, Gooley & Vickovich, Principles of Australian Contract Law, Cases and Materials, 4th ed, LexisNexis, Oct 2017
(The textbook and casebook are scheduled to be published and available from the Co-Op Bookshop in Phillip Street, Sydney in late-October 2017)
Cases underlined in the Prescribed Topics do not appear in the casebook and students will need to obtain a copy of those cases.
Note those cases in the prescribed topics marked * are NOT compulsory cases. However, students will be expected to know the general principles of contract law that those cases stand as authority for.
Reference Materials
· Carter, Carter's Guide to Australian Contract Law, 3rd ed, LexisNexis, 2016
· Carter, Contract Law in Australia, 6th ed. LexisNexis, 2012
· Carter, Cases and Materials on Contract Law in Australia, 6th ed. LexisNexis, 2011
· Paterson, Robertson & Duke, Principles of Contract Law, 5th ed. Thomson Reuters, 2016
· Paterson, Robertson & Duke, Contract: Commentary and Materials, 13th ed. Thomson Reuters, 2016
· Seddon, Bigwood and Ellinghaus, Cheshire and Fifoot's Law of Contract, 10th Australian ed. LexisNexis, 2012
· Reynolds & Goddard, Leading Cases in Contract Law, Federation Press, 2017
· Journal of Contract Law
· LexisNexis Questions and Answers – Contract Law, 5th ed.
The cases and legislation listed under the heading ‘Prescribed Topics and Course Outline’ should be read as a minimum for students to gain a grounding in the basic principles of contract law.
Students are encouraged to read beyond these materials, and in this respect the other cases mentioned in the textbook and casebook serve as a starting point.
LEC Webcampus
Once you have registered online with the LEC, you will have access to all the facilities on the LEC Webcampus including the problem questions for each class, plus any other materials that the lecturer may make available to students. These course materials as well as links to relevant cases and legislation can be found in the Course Materials section of the LEC Webcampus.
LECTURE PROGRAM
The first of 13 classes will be held on Tuesday 7 November 2017. All classes will be for 3 hours and will start at 6.00pm.
For details as to the location of these venues (listed below), refer to the Course Information Handbook for a map of the University of Sydney main campus.
WEEK /DATE
/ VENUE / LECTURE / TOPICS1 / Tues
7 Nov / New LS LT 106 / 1
Prof Radan / Introduction, Freedom of Contract & Restraints of Trade
Fact of Agreement /
2 / Tues
14 Nov / New LS LT 106 / 2
Prof Radan / Fact of Agreement
Certainty and Completeness
3 / Tues
21 Nov / New LS LT 106 / 3
Prof Radan / Consideration
4 / Tues
28 Nov / New LS LT 106 / 4
Prof Radan / Estoppel
Intention to Create Legal Relations
Writing Requirements
5 / Tues
5 Dec / New LS LT 106 / 5
Mr Kuklik / Express terms
Implied Terms
6 / Tues
12 Dec / New LS LT 106 / 6
Mr Kuklik / Meaning of Terms
Construction of Exclusion Clauses
Privity
STUDY BREAK: Saturday 17 June 2017 – Sunday 7 January 2018
7 / Tues
9 Jan / New LS LT 104 / 7
Mr Kuklik / Misrepresentation
Mistake
Duress
8 / Tues
16 Jan / New LS LT 104 / 8
Mr Kuklik / Undue Influence
Unconscionable Conduct
Rescission
Statutory Unconscionability and Unjust Contracts
Misleading or Deceptive Conduct
Unfair terms
9 / Tues
23 Jan / New LS LT 104 / 9
Mr Kuklik / Discharge by Performance
Discharge by Agreement
Breach of Contract
Discharge by Breach of Contract
Discharge by Repudiation
10 / Tues
30 Jan / New LS LT 104 / 10
Mr Kuklik / Termination
Discharge by Frustration
11 / Tues
6 Feb / New LS LT 104 / 11
Prof Radan / Damages
12 / Tues
13 Feb / New LS LT 104 / 12
Prof Radan / Actions for Fixed Sums and Debt
Rectification
Restitution
13 / Tues
20 Feb / New LS LT 104 / Dr Elisabeth Peden / Problem questions in Study Guide
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WEEKEND SCHOOLS 1 and 2
Classes in Contracts are held at both Weekend Schools 1 and 2. Classes for the first weekend school will be taken by Professor Radan. Classes for the second weekend school will be taken by Mr Kuklik.
The focus of these classes is the external students. Lecture students may attend on the understanding that weekend classes aim to cover the topics covered in weekly lectures and are principally for the benefit of external students.
It will not be possible to cover the entire course at the weekend schools. These programs are a general guide, and may be varied according to need. Readings are suggested to introduce you to the material to be covered in the lecture, to enhance your understanding of the topic, and to encourage further reading. You should not rely on them alone.
WEEKEND SCHOOL 1
TIME
/ MAJOR TOPICS / KEY READINGFriday 24 November 2017: 5.00pm – 9.00pm in Abercrombie Lecture Theatre 1110
5.00pm-6.20pm / Fact of Agreement / Carlill v Carbolic Smoke Ball Co
Stevenson, Jacques & Co v McLean
Bressan v Squires
6.30pm-7.40pm / Consideration and Estoppel / Australian Woollen Mills Pty Ltd v Cth
Waltons Stores (Interstate) v Maher
Williams v Roffey Bros and Nicholls (Contractors)
7.45pm-8.45pm / Express and Implied Terms / Byrne v Australian Airlines Ltd (1995) 185 CLR 410
Oscar Chess v Williams
Toll (FCGT) v Alphapharm
Sunday 26 November 2017: 4.00pm – 8.00pm in Abercrombie Lecture Theatre 2140
4.15pm-5.25pm / Construction of Exclusion Clauses
Privity / Darlington Futures v Delco Australia
Trident General Insurance v McNiece
5.30pm-6.40pm / Misrepresentation
Mistake
Duress
Undue Influence
Unconscionable conduct
Rescission
Statutory Unconscionability and Unjust contracts
Misleading or deceptive conduct
Unfair terms / Edgington v Fitzmaurice
McRae v C’th Disposals Commission
6.45pm-8pm / Problem Solving / Questions on Course Outline
WEEKEND SCHOOL 2
TIME
/ MAJOR TOPICS / KEY READINGFriday 2 February 2018: 5.00pm – 9.00pm in New Law School Lecture Theatre 106
5.00pm-6.20pm / Discharge by performance, agreement and breach / Associated Newspapers Ltd v Bancks (1951) 83 CLR 322
6.30pm-7.40pm / Discharge by repudiation / Federal Commerce & Navigation Co Ltd v Molena Alpha Inc [1979] AC 757
7.45pm-8.45pm / Termination / Tropical Traders Ltd v Goonan (1964) 111 CLR 41
Sunday 4 February 2018: 4.00pm – 8.00pm in New Law School Lecture Theatre 104
4.15pm-5.25pm / Damages / Commonwealth v Amann Aviation
Victoria Laundry v Newman Industries
5.30pm-6.40pm / Damages
Actions for Sums Fixed by the Contract
Restitution / Dunlop Pneumatic Tyre Co v Selfridge
Pavey and Mathews v Paul
6.45pm-8pm / Problem Solving / Questions on Course Outline
COMPULSORY ASSIGNMENT
In Contracts, there is only ONE ASSIGNMENT. This assignment is compulsory and must be submitted by all students. Students must submit the assignment by the due date. A pass mark is 50%. Refer to the Guide to the Presentation and Submission of Assignments for the assignment grading and assessment criteria. Students who fail to satisfy the compulsory requirements will be notified through the Results screen on the Webcampus before the examination period of their ineligibility to sit the examination in this subject. The maximum word limit for the assignment is 2000 words (inclusive of all footnotes but not bibliography).