You are on page 1of 23

                     

    

Unit Guide
  

LAW2102
Contract B
Semester 2, 2017 
  

  

Handbook link:
http://monash.edu.au/pubs/2017handbooks/units/LAW2102.html

Table of contents 1
LAW2102 Contract B - Semester 2 (S2-01) - 2017
Table of contents
Unit handbook information 4
Synopsis 4
Mode of delivery 4
Workload requirements 4
Unit relationships 4
Prerequisites 4
Prohibitions 4
Co-requisites 4
Chief Examiner(s) 4
Lecturer(s) 5
Tutor(s) 5
Academic overview 6
Learning outcomes 6
Unit schedule 6
Teaching approach 8
Assessment summary 8
Assessment requirements 13
Assessment tasks 13
Extensions and special consideration 16
Resubmission of assignments 18
Referencing requirements 18
Assignment submission 18
Academic Integrity 19
Warning about consequences of disciplinary action for Law students 19
Feedback to you 19
Your feedback to us 21
Previous student evaluations of this unit 21
Required resources 21
Technological requirements 22
Other information 22
Policies 22
Graduate Attributes Policy 22
Student Charter 22
Student Services 22
Monash University Library 22

2
LAW2102 Contract B - Semester 2 (S2-01) - 2017
Disability Support Services 23

3
LAW2102 Contract B - Semester 2 (S2-01) - 2017
Unit handbook information
Synopsis
Contract law addresses the concepts, principles and rules used to determine the existence and
content of binding promises and their enforcement or defeasibility in a market economy. It also
addresses the underlying policy considerations. Contract B builds upon Contract A, which covers
the formation and terms of a contract. Contract B covers the performance of contracts, the
discharge of contracts by termination or frustration, legal and equitable remedies for breach of
contract, and vitiating factors under the unwritten law and statute.

Mode of delivery
Clayton (Day)

Workload requirements
Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per
semester typically comprising a mixture of scheduled learning activities and independent study.
The unit requires on average three/four hours of scheduled activities per week. Scheduled
activities may include a combination of teacher directed learning, peer directed learning and online
engagement.

Unit relationships

Prerequisites
For students who commenced their LLB (Hons) course in 2015 or later: LAW1111; LAW1114;
LAW2101 and LAW2112
For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and
LAW1102 or LAW1104; LAW2101

Prohibitions
For students who commenced their LLB course prior to 2015: LAW2100

Co-requisites
For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and
LAW1102 or LAW1104

Chief Examiner(s)

4
LAW2102 Contract B - Semester 2 (S2-01) - 2017
Name:  Assoc Professor Emmanuel Laryea
Phone:  +61 3 990 53358
Email:  Emmanuel.Laryea@monash.edu
Consultation hours: Monday, 2:30pm - 3:30pm and Tuesday, 2:30pm - 3:30pm

Lecturer(s)

Name: Associate Professor Emmanuel Laryea
Campus: Clayton
Phone: +61 3 990 53358
Email: Emmanuel.Laryea@monash.edu

Name: Ms Karen Abidi
Campus: Clayton
Phone: 
Email: Karen.Abidi@monash.edu

Name: Ms Lisa Di Marco
Campus: Clayton
Phone: 
Email: Lisa.DiMarco@monash.edu

Name: Mr Nicholas Calleja
Campus: Clayton
Phone: 
Email: Nicholas.Calleja@monash.edu

Tutor(s)
 

Karen Abidi (Karen.Abidi@monash.edu)

Lisa DiMarco (Lisa.DiMarco@monash.edu)

Sally Andersen (Sally.Andersen@monash.edu)

Rolf Sorensen (Rolf.Sorensen@monash.edu)

Karen Mann (karenharryemm@gmail.com)

Jese Jager (Jesse.Jager@monash.edu)

5
LAW2102 Contract B - Semester 2 (S2-01) - 2017
Monika Paszkiewicz (Monika.Paszkiewicz@monash.edu)

 
 

Academic overview
Learning outcomes
At the successful completion of this Unit students will be able to:

(1) Identify and articulate legal issues that arise in scenarios involving contracts, including
performance, breach, termination, remedies and vitiating factors
(2) Use appropriate research tools and reasoning methods to synthesise and evaluate the
relevant legal and factual issues
(3) Interpret, evaluate and apply principles of contract law with awareness of broader social,
economic, international and policy contexts
(4) Engage in critical analysis and exercise professional judgement in make reasoned
choices among alternate interpretations and actions
(5) Apply legal reasoning and research to formulate appropriate responses to legal issues
(6) Collaborate and communicate effectively and persuasively
(7) Learn and work with autonomy, accountability and professionalism

Unit schedule

Week Topic of Lectures Topic of tutorial Assessment

1 Termination – breach of condition,


24 July sufficiently serious breach of an
intermediate term

2 Termination – repudiation Termination for


31 July Breach and
Repudiation

3 Termination – delay; Termination for


7 Aug consequences of affirmation or Breach and
termination; restrictions Repudiation

4 Remedies – damages Termination for Delay


14 Aug Consequences of
Affirmation or
Termination

6
LAW2102 Contract B - Semester 2 (S2-01) - 2017
Restrictions on the
Right to Terminate

5 Remedies – liquidated damages Termination for Delay Assignment


21  Aug and penalties; specific Consequences of Question Released
performance and injunctions Affirmation or
Termination
Restrictions on the
Right to Terminate

6 Remedies – actions for debt Remedies:


28 Aug Measure of Damages
Limitations on the
Award of Damages
 Liquidated Damages
and Penalties

7 Frustration Remedies:
4 Sept Measure of Damages
Limitations on the
Award of Damages
 Liquidated Damages
and Penalties

8 Duress, undue influence, Actions for Debt Assignment Due


11 Sept unconscionable dealing Frustration

9 Impropriety by third parties; Actions for Debt


18 Sept Remedies for vitiating factors Frustration

Mid-Semester Break 25 September – 29 September

10 Misleading or deceptive conduct;  Vitiating Factors:


2 Oct Statutory Unconscionability Duress, Undue
Influence, and
Unconscionable
Dealing,
Misleading or
Deceptive Conduct

11 Remedies for Misleading or Vitiating Factors:


9 Oct Deceptive Conduct and Statutory Duress, Undue
Unconscionability Influence, and
Unconscionable
Dealing,
Misleading or
Deceptive Conduct,

12 Revision – 2016 exam paper 2015 Exam Paper


16 Oct

SWOT VAC No formal


assessment is
undertaken in
SWOT VAC

Examination period LINK to


Assessment Policy:

7
LAW2102 Contract B - Semester 2 (S2-01) - 2017
http://www.policy.
monash.edu/policy-
bank/academic
/education
/assessment
/assessment-in-
coursework-policy.
html

Teaching approach
Lectures aim to illuminate and explore the legal principles and rules covered by the unit. Students
are expected to read the relevant cases and statutes listed in the Reading Guide (RG) and the
relevant parts of the prescribed books prior to each lecture. Lecturers will not necessarily present
in detail every case listed in the RG. It is the responsibility of students to familiarise themselves
with all cases and statutes set out in the RG.

Arrangements will be made for lectures in Lisa DiMarco's stream to be recorded. Lectures in other
streams will NOT be recorded, unless the lecturer advises students to the contrary.

Tutorials aim to develop the students’ understanding of the material set out in the Reading Guide,
their ability to apply the law to factual scenarios, and their proficiency in oral expression. To benefit
from a tutorial session, students need to prepare for the session (by reading the relevant material
set out in the Reading Guide and the relevant sections of the Principles Book, and writing an
answer to the questions contained in the tutorial book) and actively participate in the tutorial
discussions.

Assessment summary
(1) Collaborative assignment (20%)
(2) Examination (2 hours writing plus 30 mins reading and noting time) (80%)

Assessment task Value Due date

Collaborative 20% of final mark for the unit 4pm on Friday, 8th September
Assignment 2017

Examination 80% N/A

8
LAW2102 Contract B - Semester 2 (S2-01) - 2017
Grading Criteria

While being a useful guide, the following table may not be an accurate predictor of your grade in
the assignment or exam. Grading is a balancing act, and some factors carry more weight than
others. Strong performance on one criterion may raise the overall grade even though the paper
achieves a lower standard on other criteria. Conversely, a paper may fail overall even though it
achieves a passing standard on some criteria.

1.      Problem Type Questions (i.e. Questions involving hypothetical factual scenarios)

Marking Outstanding Very Good Good (Credit) Satisfactory Unsatisfactory


criteria (HD) (D) (Pass) (Fail)

1. Precisely Identified Identified a Identified Failed to


Identification identified all most of the good number some of the identify all or
of the or almost all relevant of the relevant almost all of
relevant of the issues relevant issues raised the relevant
legal issues relevant raised by the issues raised by the issues raised
raised by the issues raised question by the question by the
question by the question question
question

2. Precisely Precisely Accurately Accurately Failed to


Identification identified all identified identified a identified accurately
of the or almost all most of the good number some of the identify the
relevant of the relevant of the relevant relevant legal
legal relevant legal relevant legal legal principles and
principles legal principles principles principles tests
and tests principles and tests, and tests, and tests,
necessary to and tests with with with a
address the necessary to imprecision imprecision considerable
issues address the or or degree of
raised by the issues raised inaccuracies inaccuracies imprecision
question by the in some in some or
question. instances. instances. inaccuracy.
This This This This
identification identification identification identification
includes includes includes includes
identifying identifying identifying identifying
the source of the source the source of the source of
those of those those those
principles. principles. principles. principles.

3. Accurate Accurately Accurately Applied a The Did not apply


application and precisely and good number application of the law to the
of the law to applied the precisely of the the law to facts of the
the facts of relevant applied most relevant legal the facts was scenario with
the scenario legal of the principles to often any degree of
principles to relevant the facts of inaccurate or depth or
the facts of legal the scenario, imprecise, accuracy
the scenario, principles to sometimes diverting
with detailed the facts of applying from the
reference to the scenario, them in a relevant
the relevant with way that legal
case law and reference to diverts from principle that
/or statutes, the relevant the correct ought to
to reach a case law and test, making have been
well- some applied.

9
LAW2102 Contract B - Semester 2 (S2-01) - 2017
reasoned, /or statutes, reference to Important
balanced to reach a the relevant parts of
conclusion. reasoned case law and argument not
Persuasively conclusion. /or statutes, developed,
argued Well and reaching illogical or
throughout constructed some unclear
and conclusion.
supported Some
arguments arguments
under-
developed or
unpersuasive

4. Detailed Made detailed Made Made less Made Made little or


reference to reference to all detailed detailed cursory no reference
the facts of or almost all of reference to reference to reference to to the facts
the scenario the relevant most of the the relevant the relevant of the
(if relevant) in facts of the relevant facts of the facts of the scenario to
answering the scenario to facts of the scenario in scenario in support
question support the scenario to support of support of analysis
analysis support the the analysis the analysis
analysis

5. Consistently Identified Identified Noted some Did not note


Consideration identified and and and possible or raise
of counter- thoughtfully considered considered counter- relevant
arguments considered counter- counter- arguments counter-
counter- arguments arguments but dealt arguments
arguments that would that would with them in
that would be be raised for be raised for a brief or
raised for each most some cursory
significant significant significant fashion, with
argument, with arguments, arguments, little or no
detailed making making reference to
reference to reference to reference to the relevant
the relevant the relevant relevant case law and
case law and case law and case law and /or statutes
/or statutes /or statutes /or statutes

6. Practical Demonstrated Showed a Showed a Showed Showed little


understanding an excellent very good good level of some level or no
understanding level of awareness of awareness
of the context awareness of the awareness of the
of the question of the context of of the context
or scenario context of the question context underlying
(eg the question or scenario underlying the question
understood or scenario the question or scenario
which party in or scenario
a given
scenario
would seek a
particular
outcome or
raise a
particular
argument,

10
LAW2102 Contract B - Semester 2 (S2-01) - 2017
which party
would dispute
it, the practical
consequences
of a particular
cause of
action being
successful and
so on)

7. Structure, Clear and Suitable and Generally Some Structure


writing, logical coherent coherent defects in and
presentation structure and structure and structure and structure and organisation
organisation; organisation; organisation organisation; incoherent or
precise and generally but with writing may lacking;
concise well written. occasional be unclear or poorly
writing, Occasional deficiencies; difficult to written;
minimal minor flaws reasonably follow in difficult to
errors in in well written. parts. Flaws follow.
expression, expression, May have in Frequent or
grammar, grammar, some flaws expression, repeated
spelling or spelling or in grammar, flaws in
punctuation punctuation expression, spelling or expression,
grammar, punctuation grammar,
spelling or spelling or
punctuation punctuation

2.    Essay Type Questions (i.e. questions not involving hypothetical factual scenarios)

Marking Outstanding Very Good (D) Good (Credit) Satisfactory Unsatisfactory


criteria (HD) (Pass) (Fail)

1. Knowledge Thorough Very good Good Some Misunderstanding


& understanding understanding, understanding, understanding of of relevant
Understanding and effective appropriate good use of relevant materials materials; Failure
of the Topic use of use of materials (including some to identify and
materials materials (including reference to discuss the
(including (including appropriate cases, with relevant issues
thorough and good reference to possibly some and cases
effective reference to cases); relevant cases
reference to cases); good majority of overlooked);
cases); identification relevant Some
comprehensive and discussion issues identification and
identification of issues identified and discussion of
and discussion discussed. issues, with
of issues possibly some
misunderstanding
of issues or
materials.

2. Analysis & Thorough Good analysis, Some analysis Mainly discursive Insufficient
Argument analysis, deals argument well- of issues; with little analysis analysis,
effectively with developed and argument may of issues; basic argument is
complexity of supported, be under- argument is lacking or
issues; some critical developed or unclear or unsound, failure

11
LAW2102 Contract B - Semester 2 (S2-01) - 2017
persuasively evaluation of unpersuasive, undeveloped or to use relevant
argued materials synthesis of not well materials, may
throughout, materials with supported, some indicate
contrary limited critical reference to confusion or
arguments evaluation relevant material misunder-
anticipated, standing
good
critical
evaluation of
materials

3. Structure & Clear and Suitable and Generally Some defects in Structure and
Writing logical coherent coherent structure and organisation
structure & structure structure organisation; incoherent or
organisation; & & organisation writing may be lacking;
precise and organisation; but with difficult to follow poorly written,
concise writing generally well occasional in parts difficult to follow
written deficiencies;
reasonably
well written

4. Minimal Occasional Some flaws Flaws in Frequent or


Presentation errors in minor flaws in in expression, repeated
& expression, expression, expression, grammar, flaws in
Referencing grammar, grammar, grammar, spelling or expression,
spelling or spelling or spelling or punctuation; grammar,
punctuation; punctuation; punctuation; if in an spelling or
in an if in if in an assignment, punctuation;
assignment, assignment, assignment, a number of if in an
full and authorities have some missing, assignment,
accurate and sources missing, incomplete or inadequate
citation of are generally incomplete or incorrect citation of
authorities cited incorrect footnote sources;
and sources correctly; well footnote citations; poor editing
(in exam edited citations; editing with
shortened some little care
referencing is oversights in
acceptable); editing
thoroughly
edited.

12
LAW2102 Contract B - Semester 2 (S2-01) - 2017
Assessment requirements
Assessment tasks

Assessment task title: Collaborative Assignment


Mode of delivery: via Moodle
Details of task: 

Students will be allocated into small groups of around 5 people to and required to submit a group
assignment on a problem type question, which will count for 20% of their final mark.

The assignment question will be made available on Moodle by 4pm, Monday, 21 August 2017.

The assignment is due by 4pm on Friday, 8th September 2017. .

Further detailed instructions in relation to the assignment will be made available on Moodle


(accessible via the my.monash.edu portal).  

Formation of Groups

Students will be assigned to groups by the end of week 3.  Students will not be allowed to choose
their groups. Once the groups have been formed, they will be put in contact through Moodle (or as
otherwise directed).  

Students will not be able to change their groups unless a group is reduced to one member due to
formal discontinuation of course enrolment of all other group members.  

CATME Online Peer Assessment 

The CATME online peer assessment tool will be used as a tool for students’ self-reflection
exercise, and to ensure greater student accountability in the group assignment.

CATME is based on best practice for group assessment and is widely used around the world,
including in some other Monash Faculties. Its use has been demonstrated to help students reflect
on their group work experience and for obtaining feedback from their peers. It has also been
demonstrated to change student behaviour in group work activities, particularly regarding ‘free
riding’.

After submission of your group assignment, you will use CATME to rate your own performance in
the group assignment, and that of your teammates, in the following 5 areas:

● Contributing to the team's work


● Interacting with teammates
● Keeping the team on track
● Expecting quality
● Having relevant knowledge, skills and abilities

Your ratings are anonymous and will not be viewable or shared with other team members, but will
be reviewed by teaching staff.  You will be required to briefly justify (via comments) why you rated
your team members with high or low scores.

13
LAW2102 Contract B - Semester 2 (S2-01) - 2017
CATME will provide you with feedback on how you can improve your teamwork. CATME will send
you a link that will show, for each of the five areas, an arrow indicating:

● How you scored yourself


● The AVERAGE of what the team scored you personally
● The AVERAGE of what the team scored all team members

You will be informed via Moodle email notifications as to your required action in relation to CATME.

After submission of your group assignment, you will receive an email from CATME asking you to
register your account and set a password. Please keep it to yourself and make a note of it
somewhere safe. Please do this as soon as possible, and also undertake the calibration process,
which takes about 10 minutes. If you have any problems with your password, please try to reset it,
by clicking the "Forgot your password?" option on the login page.

         

CATME will (confidentially) provide you with your Peer Assessment Factor via Moodle Gradebook
(calculated based on your team's evaluation of you, and then reviewed and potentially moderated
by the teaching staff in light of the written comments). This factor is a number potentially between
0 and 1.1, but for most students is between 0.9 and 1.05.  

This factor will be used to scale your group’s assignment mark (by multiplying the group
assignment mark by your peer assessment factor) to produce your individual assignment mark.
These marks will be rounded to the nearest whole number, and the maximum score will be capped
at 20 (full marks).

That is, different marks may be awarded for the group assignment to students within the same
team, based on their teammates’ rating of their contribution. For example, if a group's assignment
was given a mark of 15 (out of 20), a student with a PAF of 1.1 (i.e. a student whose contribution
to the team is assessed as being particularly high) would receive an assignment mark of
16.  Some students, whose contribution to the team was assessed as being below average, will
receive a factor less than 1.  For example, a student with a PAF of 0.9 would receive an
assignment mark of 14, and a student who receives a peer assessment factor of 0.6 will receive an
assignment mark of 9.

The maximum any student may be scaled up is +10%, but there is no limit on the downside
scaling. Students who fail to contribute in any meaningful way to the team assignment will receive
a mark of 0.

Poorly functioning teams will be required to attend a moderated team meeting to discuss the team’
s functioning and the results of the CATME team evaluation. Attendance by all team members is
compulsory (non-attendance will incur a 10% penalty in addition to any adjustments made by the
examiner on the basis of the CATME results).

A student may (by email to the Chief Examiner within 1 week after the release of the CATME
results) request a meeting with their team (moderated by the CE or another staff member), to
discuss the team work and peer evaluation. Peer assessment factors of all team members are
subject to possible adjustment after moderated team meetings.

Please watch the 4 minute video at https://www.youtube.com/watch?v=mLTBtksrTFY,  which


explains how to:

● Register your CATME student account


14
LAW2102 Contract B - Semester 2 (S2-01) - 2017
● Register your CATME student account
● Complete the calibration process
● Complete your peer assessment
● View your results
● Obtain your Peer Assessment Factor (PAF)

A few important things to note:

● Completing your peer assessment is an important part of developing your teamwork skills,
providing feedback to, and receiving feedback from, your teammates. We need everyone to
do it. A penalty of -20% of the assignment mark may be applied to students who don't
complete it. You will receive email communications via Moodle in relation to this.
● Please do not try to opt out of this process, or game the system, by giving each person the
same ratings, or by agreeing amongst your team to give everyone the same spread of
marks. It is really obvious when people or teams do this. Your teammates are entitled to
your accurate and honest feedback in order to improve, so make sure you give it to them.
● It is very important that everyone leaves a short comment at the end of their survey, to justify
why they have rated team members high or low (max. 100 words). One sentence per
teammate is fine. Please do not write a massive essay. This helps us to understand the
team dynamics and moderate teams where there is a lot of conflict. We may apply a -10%
penalty if you fail to leave some short comments.
● Please understand that the CATME system only works in retrospect, and teams should pro-
actively try to improve their team's function throughout the course of the assignment. If you
notice issues or problems, raise them with your team and resolve them early, rather than
staying quiet and then reporting these issues when it is too late. If you have problems which
you are having prolonged difficulty in resolving yourselves, you can request a moderated
team meeting (by emailing the Chief Examiner), either during the assignment preparation or
after release of the CATME results. If the Chief Examiner agrees to a requested moderated
team meeting, attendance by all team members is compulsory (non-attendance will incur a
10% penalty in addition to any adjustments made by the examiner on the basis of the
CATME results).
● More information on CATME is available at http://info.catme.org/

Release date (where applicable): 4pm, Monday, 21 August 2017


Due date: 4pm on Friday, 8th September 2017
Word limit (where applicable): 1000 words, excluding footnotes
Value: 20% of final mark for the unit
Estimated return date: three weeks after the due date
Criteria for marking: See grading criteria above.

Assessment task title: Examination


Mode of delivery: N/A
Details of task: Open book, written examination to be sat by all students at the end of semester.

The examination will accounts for 80% each student’s final mark for the unit.  It will be of 2 hours
duration, with 30 minutes reading/noting time.  

The exam will contain problem type questions constituting no less than 60 marks (out of the total
80 marks) and an essay question constituting no more than 20 marks (out of the total 80 marks).

The final exam will take place during the Official Examination Period. It is students’ responsibility to
15
LAW2102 Contract B - Semester 2 (S2-01) - 2017
The final exam will take place during the Official Examination Period. It is students’ responsibility to
confirm the time and venue of the exam from formal University sources.

Further instructions will be made available via Moodle towards the end of the semester

Release date (where applicable): Official Examination Period


Due date: N/A
Word limit (where applicable): N/A
Value: 80%
Estimated return date: N/A
Criteria for marking: See grading criteria above.

Extensions and special consideration


Short extension
You may apply for an extension in a law unit, not exceeding two working days of the due date, by
submitting a Short Extension form to the Chief Examiner of the unit. NB This does not apply to
class tests. Speak to your lecturer before doing this.

Longer extension
If you seek an extension of the due date for an assignment or deferment of a class test, you will
need to submit an “in-semester special consideration application form” to Student Services no later
than two University working days after the due date or date of the class test.

For further details on the procedures, you must see http://monash.edu/exams/special-


consideration.html.

If you are assessed by Student Services as eligible for special consideration, the Chief Examiner
will determine length of extension and will advise you via your student email. If you are assessed
as ineligible, you will be advised by Student Services via email.

Extensions will not be granted beyond the date on which marked assignments are due to be
returned to students.

Special consideration and Deferred Exams

A student whose work during a teaching period or whose performance in an examination or other
assessment has been affected by acute illness or other exceptional cause beyond their control
may apply in writing to the relevant Faculty for special consideration. Separate forms are used for
in-semester assessment (such as to obtain extensions of due dates for assignments or deferment
of class tests) and end-of-semester assessment (deferment of a final exam). Both types of
application must be supported by documentary evidence and are subject to time limits. An
adjustment of marks is not an available outcome of special consideration.

For further details and forms, refer to the faculty’s special consideration website  http://monash.edu
/exams/special-consideration.html.

Penalties for Late submission

A penalty will be applied for late submission of assignments.  The penalty will be a percentage of
the available mark, applied after the work has been marked, and in accordance with the number of
days or hours after the published due date the assignment is submitted. The penalty will be
calculated as follows:
16
LAW2102 Contract B - Semester 2 (S2-01) - 2017
days or hours after the published due date the assignment is submitted. The penalty will be
calculated as follows:

For assignments and take-home examinations of ten days or more in duration, marks will be
deducted at a rate of 10% of the marks available for that assessment piece per day (or part
thereof) that the assessment piece is late.

For assignments and take-home examinations of less than ten days duration, marks will be
deducted at a rate of 5% of the marks available for that assessment piece for the first hour (or part
thereof) that the assessment piece is late; and 10% of the marks available for that assessment
piece for every subsequent hour (or part thereof) that the assessment piece is late.

No late submissions will be accepted after the date that assignments are returned to students
unless otherwise specified in the unit guide by the Chief Examiner.

The Chief Examiner is required to keep records of the penalty applied to each student concerned,
and to ensure that the penalty is reflected in the final result for the unit.

Students must be advised upon return of the mark for their assignment or take-home examination
that a penalty has been applied.

In the case of assessments other than assignments or take-home exams, the relevant Unit Guides
will set out whether late submissions will be accepted and, if so, the penalties that will apply.

Weekends and public holidays are included in the count of days.

Where a short extension (in the case of assignments) or special consideration (in the case of
assignments and take-home examinations) has been approved, late penalties will commence from
the revised due date and time.

Where hard copy assessment pieces are submitted in the assignment boxes outside the opening
hours of the student services office, they will be date stamped on the next day that the student
services office is open.

Submission of Late Assessments 

The application of late penalties means that after a certain period of time following the due date,
the marks available to assessment pieces would reduce to zero. To allow for this, late
assessments will only be accepted up to the end of that period as below:

● For assignments and take home examinations of ten days or more in duration, submission
will remain open for 9 days following the due date and time
● For assignments and take home examinations of less than ten days in duration, submission
will remain open for 10 hours following the due date and time

Where a short extension has been granted, submission will remain open to accommodate the
additional days.

Penalties for exceeding word limit

A reduction of 1 mark for every 50 words or part thereof over the word limit, where 1 mark penalty
is 1 percentage point out of the total 100 percentage points for the whole unit.  Students will be
advised upon return of their assignment mark that the penalty will be applied to their final mark.

17
LAW2102 Contract B - Semester 2 (S2-01) - 2017
Resubmission of assignments
Resubmission of assignments is not permitted.
 

Referencing requirements
Referencing should conform to the AGLC (3rd edn, 2010), available online at http://www.law.  
unimelb.edu.au/files/dmfile/FinalOnlinePDF-2012Reprint.pdf

To build your skills in citing and referencing, and using different referencing styles, see the online
tutorial Academic Integrity: Demystifying Citing and Referencing at www.lib.monash.edu/tutorials

/citing/

To build your skills in citing and referencing, and using different referencing styles, see the online
tutorial Academic Integrity: Demystifying Citing and Referencing at http://www.lib.monash.edu
/tutorials/citing/

To build your skills in citing and referencing, and using different referencing styles, see the online
tutorial Academic Integrity: Demystifying Citing and Referencing at
http://www.lib.monash.edu/tutorials/citing/

Assignment submission
Hard Copy Submission: Assignments must include a cover sheet. The coversheet is accessible via
the Monash portal page located at http://www.law.monash.edu.au/current-students/resources/forms
/index.html under the heading ‘Learning and teaching tools.’ Please keep a copy of tasks
completed for your records. Hard copy assignments are to be submitted to the assignment box
located in the Undergraduate Student Services counter area.

Online Submission: If Electronic Submission has been approved for your unit, please submit your
work via the Moodle page for this unit, which you can access via links in the my.monash portal.

Assessments must be submitted electronically using Moodle. Do not submit files attached to
emails. Log into https://my.monash.edu.au/ and select Moodle from the left menu. Select the unit
for which you wish to submit work.

● Unless you have made prior arrangements with your lecturer, only the following file formats
will be accepted: .doc, .docx, .pdf. However, please refer to the specific assessment task for
format acceptable for each task.
● It is essential you adhere to the following format for the naming of the file you wish to submit:
- it must contain your Authcate name; and
- there must be no space in the filename.
● Comments and grading of your assessment will be communicated to you either by email, or
post.

Instructions for submitting an assignment electronically using Moodle are found at


18
LAW2102 Contract B - Semester 2 (S2-01) - 2017
Instructions for submitting an assignment electronically using Moodle are found at
http://www.vle.monash.edu/supporttraining/learnbytech/moodle/students/index.html

Please keep a copy of tasks completed for your records.

Academic Integrity
Academic Integrity modules are now available to students via Moodle. These are a set of
interactive tools to enable students to develop the knowledge and skills for good academic
practice. Completion of modules are encouraged for all students to build a strong base for
academic integrity during their Monash learning journey and beyond. The Academic Integrity
online modules are linked from the Library Resource block within Moodle, and are also directly
available at this link: http://www.monash.edu/library/skills/resources/tutorials/academic-integrity/.

There is a also an accompanying Quiz that we recommend students undertake for better
understanding of Academic Integrity. You may self-enrol by searching for Law Academic Integrity
Module on Moodle and enter enrolment key lawstudent self-enrol.

Warning about consequences of disciplinary action for Law


students
Students may face disciplinary proceedings for academic misconduct, including plagiarism,
collusion and cheating, and should make sure that they both fully acquaint themselves with the
University statement on plagiarism referred to above and to the further information in the:

● University Discipline Statute 4.1


http://www.monash.edu.au/pubs/calendar/statutes/statutes04.html
● University Plagiarism Procedures
http://www.policy.monash.edu/policybank/academic/education/conduct/plagiarism-
procedures.html

Students should also read carefully the statement that they are required to sign on the assessment
coversheet. 

Students intending to apply for admission to practise law in Victoria should be aware that they will
be required to provide a report from any university at which they have studied on any disciplinary
action arising out of their conduct in the course of study, including disciplinary action with respect
to plagiarism and cheating. Applicants are also required to make their own disclosure of
disciplinary matters (as is the case generally for admission to legal practice). For details, see the 
Disclosure Guidelines for Applicants for Admission to the Legal Profession, which can be
accessed via the website of the Victorian Legal Admissions Board at http://assets.justice.vic.gov.au
//councillegal/resources/766e3ad0-9f30-4be0-ac8d-deae550b963d
/disclosure+guidelines+for+applicants.pdf.

Feedback to you
All assignments will have feedback in a combination of one or more of the following methods:

1. in the form of a marking guide which is attached to each paper and with comments included
on each paper,
2. uploading a HD sample answer to Moodle,
3. providing individual consultation or individual written comments,
19
LAW2102 Contract B - Semester 2 (S2-01) - 2017
3. providing individual consultation or individual written comments,
4. holding a review class.

Students should make themselves familiar with the marking criteria. With this in mind if a student
believes that they have not received adequate feedback on their assignments they should contact
their lecturer. If students are still not satisfied with the feedback they have obtained then they
should contact the Chief Examiner. If this still does not amount to the student gaining appropriate
feedback then they should contact the relevant program Director.

Students should note that there is a policy of no remarking of assignments unless there has been
a demonstrated error.

Feedback on exams:

Students are also entitled to know where they went wrong and how they can improve with regard
to exams. Students can request a copy of the exam paper (at no charge). Students should firstly
gain a copy of the exam and then make a time see their stream teacher/lecturer to gain
appropriate feedback.

If they are still not satisfied with the feedback they should contact the Chief Examiner. All failed
exam papers are double marked with the higher of the two marks being given to the student.

With regard to both assignments and exams students are entitled to know why they got the mark
they did but marks will not be changed unless there has been a demonstrated error

Post exam feedback:

Feedback to you

All assignments will have feedback in a combination of one or more of the following methods:

1. in the form of a issues guide and detailed general comments in a feedback document
uploaded to Moodle;
2. in the form of marking guide that is attached to each paper and with comments included on
each paper;
3. uploading a HD sample answer to Moodle;
4. providing individual consultation or individual written comments;
5. holding a review class.

Students should familiarise themselves with the marking criteria. With this in mind if a student
believes that they have not received adequate feedback on their assignments they should contact
their lecturer. If students are still not satisfied with the feedback they have obtained then they
should contact the Chief Examiner. If this still does not amount to the student gaining appropriate
feedback then they should contact the relevant program Director.

Students should note that there is a policy of no remarking of assignments unless there has been
a demonstrated error.

Feedback on exams:

Students are also entitled to feedback on the examination, and to know how they can improve with
regard to exams.  

Feedback will take forms similar to that for assignments. 

20
LAW2102 Contract B - Semester 2 (S2-01) - 2017
Students can request a copy of the exam paper (at no charge). Students should firstly gain a copy
of the exam and follow any feedback processes outlined for the unit, including consulting their
stream teacher/lecturer to gain appropriate feedback.

If they are still not satisfied with the feedback they should contact the Chief Examiner. All failed
exam papers are double marked with the higher of the two marks being given to the student.

Your feedback to us
One of the formal ways students have to provide feedback on teaching and their learning
experience is through the Student Evaluation of Teaching and Units (SETU) survey. The feedback
is anonymous and provides the Faculty with evidence of aspects that students are satisfied with
and areas for improvement.

Previous student evaluations of this unit


In response to previous SETU results of this unit, the following changes have been made:

● The video assignment has been replaced with written assignment.


● The exam kept as open book (instead of closed book two years ago). 
● The CATME online peer assessment tool is being used to allow team members to rate
individual student contributions to the collaborative assignment.  This tool aims to reduce
"free-riding" and ensure student accountability for their contributions to the team assignment. 

If you wish to view how previous students rated this unit, please go to
https://unitevaluations.connect.monash.edu.au/unitevaluations/index.jsp

Required resources
Students generally must be able to complete the requirements of their course without the
imposition of fees that are additional to the student contribution amount or tuition fees. However,
students may be charged certain incidental fees or be expected to make certain purchases to
support their study. For more information about this, refer to the Higher Education Administrative
Information for Providers, Chapter 18, Incidental Fees at http://education.gov.au/help-resources-
providers.

You are expected to read the relevant parts of the following books:

● Jeannie Paterson, Andrew Robertson and Arlen Duke, Principles of Contract Law (Lawbook
Co/Thomson Reuters, 5th edition, 2016) (the Principles Book); and
● Jeannie Paterson, Andrew Robertson and Arlen Duke, Contract: Cases and Materials
(Lawbook Co/Thomson Reuters, 13th edition, 2016) (the Case Book).
● Relevant Legislation Provisions (Legislation Pack containing extracted relevant provisions is
available on Moodle)

The two books can be purchased separately, in a bundle, or in a bundle with e-Book versions from
21
LAW2102 Contract B - Semester 2 (S2-01) - 2017
The two books can be purchased separately, in a bundle, or in a bundle with e-Book versions from
Legibook. All student enquiries regarding the purchase of these books should be directed to
Legibook (located in the Law Faculty basement) or to the publisher, Thomson Reuters.

Note: The previous editions of the Principles Book and Case Book may not be appropriate
substitutes. There have been significant case law developments which are relevant to this course
and dealt with in 2016 editions only – they are not addressed in the previous editions. Students
who rely on the previous editions as their sole resource, in lieu of the prescribed 2016 editions and
the relevant primary materials stated on the Reading Guide, do so at their own peril.  

Technological requirements
Students must regularly check Moodle for announcements and materials that may be uploaded by
lecturers.

Students are allowed to bring to class laptops or similar devices.

Other information
Policies
Monash has educational policies, procedures and guidelines, which are designed to ensure that
staff and students are aware of the University's academic standards, and to provide advice on how
they might uphold them. You can find Monash's Education Policies at:
http://www.policy.monash.edu/policy-bank/academic/education/index.html

Graduate Attributes Policy


http://www.monash.edu/policy-bank/academic/education/course-governance-and-design/course-
design-policy

Student Charter
http://www.monash.edu/students/policies/student-charter.html

Student Services
The University provides many different kinds of services to help you gain the most from your
studies. Contact your tutor if you need advice and see the range of services available at
http://www.monash.edu/students.

Monash University Library


The Monash University Library provides a range of services, resources and programs that enable
22
LAW2102 Contract B - Semester 2 (S2-01) - 2017
The Monash University Library provides a range of services, resources and programs that enable
you to save time and be more effective in your learning and research.
Go to http://www.monash.edu/library or the library tab in http://my.monash.edu.au portal for more
information.

Disability Support Services


Students who have a disability, ongoing medical or mental health condition are welcome to contact
Disability Support Services.

Disability Support Services also support students who are carers of a person who is aged and frail
or has a disability, medical condition or mental health condition.

Disability Advisers visit all Victorian campuses on a regular basis.

● Website: monash.edu/disability
● Telephone: 03 9905 5704 to book an appointment with an Adviser;
● Email: disabilitysupportservices@monash.edu
● Drop In: Level 1, Western Annexe, 21 Chancellors Walk (Campus Centre) Clayton Campus

Copyright © Monash University 2017. All rights reserved. Except as provided in the Copyright Act 1968, this work may
not be reproduced in any form without the written permission of the host Faculty and School/Department.

23
LAW2102 Contract B - Semester 2 (S2-01) - 2017

You might also like