University of Technology Sydney

77942 Legal Aspects of Contracts Administration

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2024 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration AND 70106c Principles of Public International Law AND 70107c Principles of Company Law
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 70211 Contracts

Description

This subject is designed to provide students with a sound understanding of fundamental aspects of contract law and their relevance to contract administration and management. Students learn to identify the legal issues of contract formation, the contents of a contract, how a contract can be discharged and the remedies available when one of the parties to the contract has breached the contract. This subject emphasises the practicality and business efficacy of understanding the role of contracts in a changing commercial world, and how the Australian legal framework has evolved in response to political and socioeconomic change including global commerce, electronic contracting and consumer protection laws.

In the tutorial discussion questions and hypothetical legal problems, students engage with best practice in solving contract disputes and ensuring that clients are protected from the risks of not complying with the common law of contract and related statutory law. Through hypothetical problems students develop an understanding of legal and ethical issues relating to the relationship between contracting parties. This subject is taught from a student-centred perspective where student responsibility for their learning is an essential component. Learning involves active engagement with the subject content through media reports, video presentations, tutorials and a range of online exercises.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Identify and critically analyse relevant facts, problems and legal issues from a hypothetical scenario involving a contract problem.
2. Formulate a legal argument by the correct interpretation and application of relevant cases and statutory materials and manage competing arguments using the IRAC (Issues, Rules, Application and Conclusion) format for answering legal problems.
3. Provide practical advice to contracting parties involving a range of legal and risk management issues.
4. Articulate clear oral arguments in a group setting by presenting a succinct explanation of an answer to a legal problem question, case summary or legal principles and making contributions to group discussions.
5. Assess their own understanding of the practical and ethical issues that arise from the contracting parties’ conduct and the impact on relationships between themselves and other affected parties and identify solutions to manage these issues.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Critical Analysis and Evaluation
    a. A capacity to think critically, strategically and creatively, including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses.
    b. Identify, synthesise and articulate complex legal and technical issues and apply advanced analytical skills to identify and generate clear, succinct and novel responses in professional practice or research. (3.1)
  • Research Skills
    a. Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate advanced intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions.

    b. Research, identify and evaluate technical information, legal judgments and issues to interpret, justify, or critique propositions, conclusions and professional decisions that are underpinned by ethical research practices in professional practice or research. (4.1)
  • Communication
    a. Advanced professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond respectfully.

    b. Communicate accurately and appropriately with multidisciplinary audiences in a range of specialised formats, including productive collaboration with professional teams and clients. (5.1)

Teaching and learning strategies

Strategy 1: Independent Learning

Student learning outside the scheduled tutorials is a key learning strategy in this subject. Tutorial activities include problem questions, discussion questions and quizzes. Students will be in control of their learning by preparing advance for these tutorial activities - and need to ensure they manage their time for preparation. Students are expected to allocate at least 2 hours each week to be thoroughly prepared for each topic. Weekly preparation activities include viewing and listening to the recorded lecture slides, reading the prescribed readings and making notes in preparation for discussion in the tutorials.

Strategy 2: Engaging in Tutorials

Tutorials involve both student led collaborative presentations and presentations by the lecturer. The tutorial activities assist students to consolidate and develop their own learning by testing out and receiving feedback on their understanding of subject material from the recorded lectures, Power Point slides, prescribed readings and media articles. In tutorials each week there are different hypothetical legal problem based scenarios that relate to the weekly topic. Students read and review the problem questions before attending the tutorial and will complete the questions in the tutorial. Questions reflect the legal issues that students may encounter in contract administration and management. Contributing to tutorial discussions gives students the opportunity to refine their understanding and critical analysis of legal scenarios, practice their oral communication skills and gain feedback by asking questions of their peers and the lecturer.

Strategy 3: Collaborative Presentation

Three to four students will collaborate and communicate with each other to prepare a case study for presentation to other students in a tutorial in one of Weeks 9, 10, 11 or 12. Students will self allocate into groups of three to four in the third week of the semester. The case study will be on a significant contract law case selected by the lecturer. Students will research the case and learn about the legal issues and advise the parties to the case on how they might have avoided the contractual dispute arising in the first place. In doing so students will be asked to research on a broader basis such as the ethical and practical issues which the case demonstrates.

In preparing for the collaborative presentation, students gain relevant, practical skills in contract management and learn how to avoid the risks of contractual disputes. Students also develop their individual and teamwork communication skills.

Strategy 4: Feedback

Feedback is provided weekly during the tutorials. The lecturer corrects and expands upon student responses to problem and discussion questions where necessary, demonstrating how a student may have provided a better response. Feedback is also formally provided in response to the collaborative presentation (Assessment task 1); written problem solving assignment (Assessment task 3) and research essay (Assessment task 4). In addition, formative feedback is available via the completion of tutorial problem solving questions, discussion questions and quizzes. Problem solving and discussion are intended to reflect understanding of each week's topic and highlight to students any areas in need of improvement and further study.

Subject Delivery:

This subject is delivered by way of 12 weekly seminars. Each seminar consists of a lecture and tutorial discussion as follows:

  1. Video recorded lecture. (1 hour.). The recorded lecture will be available in Canvas before each week’s tutorial. Students are expected to listen to the recorded lecture before each tutorial but otherwise can do so at a time most convenient to them.
  2. Tutorial. (2 hours). Tutorials will be conducted at the weekly time and day allocated in the timetable. The location of the lecture or tutorial room will be indicated in the timetable.

Content (topics)

  • Topic 1: Introduction to Australian law and the Australian legal system
  • Topic 2: Introduction to contracts; business ethics
  • Topic 3: Formation of contracts (offer and acceptance; electronic contracting)
  • Topic 4: Formation of contracts (legal intention; legality; capacity)
  • Topic 5: Formation of contracts (consideration; promissory estoppels; formalities)
  • Topic 6: Formation of contracts (genuine consent)
  • Topic 7: Contents (terms and exclusion clauses)
  • Topic 8: Termination and breach of contracts; remedies
  • Topic 9: Consumer protection
  • Topic 10: Commercial arbitration
  • Topic 11: International contracts and CISG

Assessment

Assessment task 1: Collaborative Presentation

Intent:

This task encourages students to actively exchange, debate and negotiate ideas within their group and in their allocated tutorial with other students by inviting questions and comments on their collaborative presentation. This task aims to develop students’ interest in the topics through learning, engaging in discussion and taking responsibility for their learning.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

4.1 and 5.1

Weight: 20%
Length:

1,000 words (equivalent)

Criteria:
  • Content: accuracy, relevance and reference to case law (SLO 3, 5; GA 4)
  • Expression: choice of language, concision of expression (SLO 4; GA 5)
  • Structure: sense of beginning, middle and conclusion; logical flow of ideas (SLO 1, 2; GA 5)
  • Delivery: clarity and level of voice and speed of delivery (SLO 4, GA 5)
  • Delivery: engagement with audience, presence. (SLO 4, GA 5

Assessment task 2: Tutorial Participation

Intent:

This task encourages students to actively exchange, debate and negotiate ideas in class. This task aims to develop students’ interest in the topics through learning, engaging in discussion and taking responsibility for their learning.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

3.1, 4.1 and 5.1

Weight: 10%
Length:

1000 words (equivalent)
Criteria:
  • Regular participation and prompt arrival for each tutorial (SLO 4, 5; GA 5)
  • Quality of contribution to class discussion throughout the session (SLO 2, 4; GA 4, 5)
  • Demonstrated understanding of the tutorial and subject materials (SLO 5; GA 4)
  • Consistent and active participation in group activities and active collaboration with peers during tutorials (SLO 4; GA 5)
  • Reflects upon comments provided by peers and lecturer then builds on points made by others to improve discussion (SLO 5; GA 5)
  • Demonstrated management of time and evidence of preparation for each tutorial session (SLO 4; GA 3)
  • Contribution to tutorial activities and evidence of weekly preparation prior to tutorial (SLO 1, 3; GA 5)

Assessment task 3: Written problem solving assignment

Intent:

Written communication skills are essential to business practice involving contract administration and management. Whether making written recommendations to a client or to a supervisor, those involved in contract administration and management must be able to clearly and logically communicate in written form. When making recommendations or giving advice on legal, practical and ethical aspects of contracts, a business practitioner should be able to properly give authority to support their arguments. This assessment will test your legal knowledge, develop your written communication skills with particular reference to legal citation, and develop your problem solving skills.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

3.1, 4.1 and 5.1

Weight: 30%
Length:

2000 words (excluding in text references and reference list)

Criteria:
  • Identification of relevant factual, legal and ethical issues (SLO 1; GA 3)
  • Identification of the key legal principles as they apply to the legal issues (SLO 1, 2; GA 4)
  • Appropriate consideration and correct application of relevant legal authority (statutory materials, general law and cases) (SLO 2; GA 4)
  • Articulation of a clear and coherent argument which is logically structured (SLO 2, 3, 4; GA 5)
  • Ability to manage competing arguments (SLO 4; GA 3)
  • Clear written expression with correct use of grammar, punctuation and spelling (SLO 4; GA 5)

Assessment task 4: Research Essay

Intent:

This task introduces you to research skills and essay writing relevant to contract law, contract administration and management.

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

3.1, 4.1 and 5.1

Weight: 40%
Length:

3000 words maximum (not including referencing and bibliography)

Criteria:
  • Understanding of the particular area of contract law and its practical and ethical application. (SLO 1, 3; GA 4)
  • Evidence of research beyond the prescribed readings and use of appropriate legal resource material. (SLO 5; GA 4)
  • Clearly and concisely written with correct grammar, spelling and accurate referencing (SLO 4; GA 5)
  • Logical structure with introduction setting out the scope of the essay, persuasive discussion and conclusion consistent with the introduction and prior discussion. (SLO 2; GA 5)

Required texts

Clive Turner, John Trone and Roger Gamble,Concise Australian Commercial Law (Thomson Reuters, 2021 6th edition)

Recommended texts

Stephen Corones, The Australian Consumer Law ( Thomson Reuters, 2016 3rd ed)

John Carter, Carter's Guide to Australian Contract Law ( JW Carter Publishing 2021 4th ed)

Andy Gibson, Business Law ( Pearsons,2024 12th ed)

Stephen Graw, An Introduction to the Law of Contract (Thomson Reuters, 2021)

Jason Harris and Christopher Croece, Contract Law in Context ( CCH Australia,2015)

Geoff Lindsay, Contract (nutshell series) ( Thomson Reuters,2014)

Jeannie Patterson, Corones' Australian Consumer Law ( Thomson Reuters, 2019)

Andrew Robertson and Jeannie Paterson, Principles of Contract Law (Thomson Reuters, 2020)

Jeannie Paterson and Andrew Robertson, Contract Cases and Materials (Thomson Reuters,2020)

Greg Tolhurst (ed), Carter on Contract ( Butterworths , 2002)

Clive Turner and John Trone, Australian Commercial Law( Thomson Reuters,2021 33rd ed)

Other resources

Texts

Sam Blay Torts ( Thomson Reuters, 2010, nutshell series)

Ben Clarke and Jackson Maogoto International Law ( Thomson Reuters, 2009, nutshell series)

Anne Marie Fitzgerald Intellectual Property ( Thomson Reuters ,2008, nutshell series)

Jeffrey Fitzpatrick and others Business and Corporations Law ( Lexis Nexis,2014)

Geoff Lindsay Contract ( Thomson Reuters, 2010, nutshell series)

Michael Meek Australian Legal System ( Law Book Co, 2008,)

Websites