ANU COLLEGE OF LAW

COURSE STUDY GUIDE

CONTRACTS
LAWS1204
Semester 2, 2014

LAWS1204 CONTRACT LAW STUDY GUIDE

1. Contact Information
Role:

Course Convenor

Name:

Dilan Thampapillai

Room:

259

Telephone:

6125 3624

Email:

dilan.thampapillai@anu.edu.au

Consultation times:

Monday 10-12 and 2-4pm and Wednesday 2-4pm

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.

Course Wattle Site

The course Wattle site is an integral part of the delivery of this course and is used continuously
throughout the semester. You will need to check the site regularly to download lecture notes,

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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.

3. Texts and Materials

The prescribed books for the course are:
(i)

Thampapillai, Tan & Bozzi, Contract Law: Text and Cases, 1st ed 2012,
Oxford University Press; and

(ii)

Paterson, Duke, Robertson, Principles of Contract Law, 4th ed, 2012,

LawBook.

The other main Australian contract textbooks are:

Seddon, N, Bigwood R and Ellinghaus, M, Cheshire & Fifoot's Law of
Contract 10th Aust. ed., LexisNexis Butterworths, 2012.
Carter J, Contract Law in Australia, 6th edn, LexisNexis Butterworths,
2012.
Carter J, Cases and Materials on Contract Law in Australia, 6th edn,
LexisNexis Butterworths, 2012.
Greig, D W and Davis, J L R, The Law of Contract, Law Book Co., 1987, with Fifth
Cumulative Supplement, Law Book Co., 1993.

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.

5. Course Description and Rationale

The Contracts course is one of the foundation subjects in the LLB and JD programs. It examines
a central aspect of the law of obligations. In this course we look at the criteria for making legally
enforceable promissory obligations and the legal issues surrounding those obligations. The
requirements for the formation of a binding contract are examined together with the content
of agreements. This involves an examination of the associated rules and doctrines used to ascertain
the meaning and scope of the obligations expressly or impliedly undertaken by the parties to a
contract.
We will also be looking at breach of contract and its consequences, including a consideration
of the remedies available at common law and in equity. The law of contract is also affected and
influenced by a range of other legal doctrines and statutory measures, notably the doctrines
of estoppel, duress, undue influence and unconscionable conduct and the statutory prohibition
on misleading or deceptive conduct.

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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.

6. Course Objectives and Expected Learning Outcomes

The objectives of this course are to introduce students to the basic rules of the law of contract, its
commercial, social and historical context. The course is structured and delivered in a way that
aims to help you understand many of the issues which may arise in a contractual setting.
Consistent with student-centred learning, the course is directed towards achieving the following
student learning outcomes:

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;

the ability to demonstrate where relevant an understanding of the theoretical

underpinnings of the topics covered;

At the conclusion of this course you should be able to:

demonstrate an understanding of the fundamental principles of the law of

contract;

construct a legal argument on contract law based on the case law;

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:

reading actively and for a particular purpose;

identifying relevant legal issues in a fact scenario;
developing a coherent legal argument;
structuring a written, preliminary advice on a legal problem.

Class Outline
Week Beginning

Lecturer/Teacher

Topic

Week 1

Dilan Thampapillai

Introduction to Contract Law

21 July
Week 2

Formation

Formation

Formation

Formation

Parties

Terms

Terms

Vitiating Factors

Vitiating Factors

Termination and Breach

Pauline Thai

Termination and Breach

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

NB: A detailed lecture outline is available on the Wattle site.

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8. Teaching and Learning Approach and Activities

Tutorials and Lectures
The approach taken in this course to tutorials is an interactive one in which we work through
problems, applying the cases and materials set out in the readings, to understand and
attempt to resolve those problems. It is therefore essential that you prepare yourself well
before tutorial classes by actively reading and understanding the set materials. You should
attend all of the lectures.
Effective learning in this course will be achieved by a combination of:
1. reading, analysing and critically reflecting upon the required readings each week
- together with recommended and other related written and online materials where
appropriate;
2. critically reflecting upon and engaging with the ideas and discussion generated in
course seminars and tutorials;
3. participating in seminars and tutorials, including critically reflecting upon and
engaging with the contributions of your peers;
4. engaging in informal discussion with peers and others about the issues and
ideas encountered in this course.

The WATTLE site

The course Wattle site will be used to communicate with students during the semester.
Primarily, staff will use the Wattle site to make learning materials available for students.
If you have academic queries please raise them in class or come and see your lecturers
during their consultation times. You do not need to make an appointment to see your
lecturers.
You are also encouraged to use the Wattle forum to communicate with other students
outside of class.

9. Study requirements and expectations

Like most law courses, the Contracts course is a course in reading, thinking and arguing.
Effective participation in this course requires around 10 hours of engagement each week
including in-class time. You should read the set readings for each week.
In order to take better advantage of the discussion and activities which will occur in the
tutorials, you should read the required readings for the week prior to attending class. You are
expected to prepare for the tutorials and to engage actively in the discussions and activities that
take place in these classes

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LAWS1204 CONTRACT LAW STUDY GUIDE

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.

The assessment in this course will consist of THREE compulsory components:

A 3000 word assignment worth 40% of the final mark;

tutorial participation worth 10% of the final mark; and
A final examination worth 50% of the final mark.

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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LAWS1204 CONTRACT LAW STUDY GUIDE

Relationship of assessment task to course objectives

The assignment is a 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;

your ability to demonstrate your understanding of the principles of contract law

through the application of those principles to the fact scenario concerning contract
law;

your ability to communicate effectively in writing out a coherent legal analysis of a

given problem.

Assessment evaluation criteria

You will be assessed on your ability to construct and present a coherent legal argument in
response to a legal problem under assignment conditions. You will also be assessed on your ability
to apply correctly the principles of the law of contract and related law in your answer.
The Colleges policy on Assessment in the Undergraduate Courses dealing with excess word
length, late submission and extensions, as set out in the LLB and JD Handbook will apply.
2. Tutorial Participation (10%)
The tutorials are a fundamental component of the course: it is in the tutorials that you have the
opportunity for active learning and engagement with the materials and with each other.
Attendance will be taken at each tutorial. It is your responsibility to ensure that your
attendance is duly recorded. Late attendance may result in your being recorded as absent.
You are required to attend the tutorial in which you are enrolled. Attending a tutorial group
other than the one in which you are enrolled is not permitted.
If during semester you need to change tutorial groups you should talk to the tutor
responsible for the class which you wish to join. A list of tutorial classes and tutors is
available on the Wattle site. Whether you can change classes is at the discretion of the
relevant tutor. You do not need to contact the Course Convener regarding changing
tutorial classes.
Marks achieved for participation in the tutorials will be released to students during the
designated study period for the end of semester exams.
Tutorial participation will be assessed based on the quality of the student's contribution to the
tutorials over the semester. The evaluation criteria are:

demonstrating adequate preparation;

being able to identify key issues in the case extracts and hypothetical fact scenarios;
being able to participate in and foster effective and appropriate class discussion;
being able to answer specific questions based on the set readings.

Relationship of assessment task to course objectives

The tutorial participation assessment is primarily designed to assess student competence in the
fundamental skills of reading and understanding case law and, where appropriate, statutory
law; summarising and adequately preparing material for discussion; being able to contribute to

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LAWS1204 CONTRACT LAW STUDY GUIDE

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;

your ability to demonstrate your understanding of the principles of contract law

through the application of those principles to the fact scenario concerning contract
law;

your ability to communicate effectively in writing in exam conditions.

Assessment evaluation criteria

You will be assessed on your ability to identify the relevant issues to be considered in
a fact scenario concerning contract law. You will be assessed on your ability to apply
correctly the principles of the law of contract and related law in your exam paper. You will
be assessed on your ability to construct and present a coherent legal argument under
exam conditions, advising a party or parties to a dispute on the strengths and
weaknesses of their position.
College policy with respect to special exams and special consideration will apply as set out
in the LLB/JD Handbook.
General statement on assessment
All tutorial classes are intended to give you the opportunity to undertake tasks and to engage
in discussion in ways that are directly relevant to the various assessment tasks that you will be
required to undertake in the course. Responses from tutors, teachers and class-mates should
be regarded as valuable feedback to you about your understanding of and progress in the
course.
In Week 9 you will be advised that your marked work is ready for collection via the Services
Office web page at http://anulaw.anu.edu.au/servicesoffice/undergraduate-assessment.
Please do not go to the Services Office for your work until this notification has been posted.

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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.

11. Feedback and Evaluation

Course and teaching evaluations will be carried out at the end of the course. We value and
appreciate your feedback. Please make sure that you complete the SELT.

12. Further Information about the Course

Further information about the course and activities can be found on the Wattle course site. It
will be updated regularly so you will need to check the webpage regularly, at least twice a week
and preferably more frequently.

13. General Information

College of Law Rules and Policies
Further information about the Colleges Rules and Policies may be found in the LLB & JD
Handbook which is available in hard copy from the Law School Office or online at
http://law.anu.edu.au/llb/llb-handbook. The ANU Handbook for students can be found at
http://students.anu.edu.au/think/publications.php.
Academic Honesty and Plagiarism
Students are reminded to familiarise themselves with the University policies and procedures on
academic
honesty
and
plagiarism
which
can
be
accessed
at
http://academichonesty.anu.edu.au/
Turnitin
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.
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
Library
Information about the Law Library, including opening
http://anulib.anu.edu.au/subjects/law/collection/collect.html

hours,

can

be

found

at

Academic and Personal Support

Students experiencing academic or personal problems are welcome to discuss these with any
member of the academic staff, the Sub Dean (make an appointment at the Law School Office),

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LAWS1204 CONTRACT LAW STUDY GUIDE

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.

WEEK 2: OFFER AND ACCEPTANCE

Prescribed reading:
Thampapillai: Chapters 3 and 4
Paterson: Chapter 3

WEEK 3: CONSIDERATION AND INTENTION TO CREATE LEGAL RELATIONS

Prescribed reading:
Thampapillai: Chapters 5 and 7
Paterson: Chapters 4 and 5

WEEK 4: CERTAINTY AND COMPLETENESS AND CAPACITY

Prescribed reading:
Thampapillai: Chapters 8 and 6

WEEK 5: ESTOPPEL AND FORMALITIES

Prescribed reading:
Thampapillai: Chapter 9 and 10
Paterson: Chapters 9 and 7

LAWS1204 CONTRACT LAW STUDY GUIDE

WEEK 6: PRIVITY AND FRUSTRATION

Prescribed reading:
Thampapillai: Chapter 14
Paterson: Chapter 15

WEEK 7: EXPRESS TERMS AND CONSTRUCTION

Prescribed reading:
Thampapillai: Chapters 11 and 12
Paterson: Chapter 12

WEEK 8: CONSTRUCTION AND IMPLIED TERMS

Prescribed reading:
Thampapillai: Chapters 12 and 13
Paterson: Chapter 13

WEEK 9: MISTAKE, MISREPRESENTATION AND UNDUE INFLUENCE

Prescribed reading:
Thampapillai: Chapters 16 and 19
Paterson: Chapter 31

WEEK 10: UNCONSCIONABLE CONDUCT AND DURESS

Prescribed reading:
Thampapillai: Chapters 18 and 20

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LAWS1204 CONTRACT LAW STUDY GUIDE

WEEK 11: TERMINATION FOR BREACH

Prescribed reading:
Paterson: Chapters 21 25

WEEK 12: REMEDIES

Prescribed reading:
Thampapillai: Chapters 25 and 26
Paterson: Chapters 26 and 30

WEEK 13: REVISION

Prescribed reading:
None

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