12518 Property Transactions
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Credit points: 6 cp
Subject level:
Postgraduate
Result type: Grade and marksThere are course requisites for this subject. See access conditions.
Description
This subject introduces students to the NSW legal framework as it applies to the ownership of personal property including intellectual property, real property (incorporating concepts of title, leasehold and mortgage other interests), conveyancing processes in NSW, and obtaining options to purchase. An overview of the law of contract with emphasis on construction contracts and joint venture agreements is also considered together with the law of negligence including liability for negligently given advice or certification and the operation of the statute of limitations. The subject further considers the manner in which local government building, planning and subdivision approvals are provided in NSW including mechanisms for appeal to the Land and Environment Court.
Subject learning objectives (SLOs)
On successful completion of this subject, students should be able to:
| 1. | Appropriately apply the relevant legal framework to a range of interests held in both real and personal property, conveying property and the provision of related certifications, approvals and professional advice. |
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| 2. | Demonstrate an understanding of the law of contract, both common and statute |
| 3. | Research and demonstrate an understanding of legal source material. |
Course intended learning outcomes (CILOs)
This subject also contributes to the following Course Intended Learning Outcomes:
- Interpret, assess, and communicate complex relevant knowledge across the property development process to multidisciplinary stakeholders for positive outcomes. (C.1)
- Apply research and analytical skills to property development practice to synthesize complex information and formulate property development solutions. (R.1)
Contribution to the development of graduate attributes
The term CAPRI is used for the five Design, Architecture and Building faculty graduate attribute categories where:
C = communication and groupwork
A = attitudes and values
P = practical and professional
R = research and critique
I = innovation and creativity.
Course intended learning outcomes (CILOs) are linked to these categories using codes (e.g. C-1, A-3, P-4, etc.).
Teaching and learning strategies
This subject is scheduled over 2 x primary teaching blocks, each comprising a Thursday evening (6pm-9pm) and Friday & Saturday from 9am-5pm.
Teaching and Learning strategies include face-to-face classes incorporating both lectures & workshop exercises. These are supplemented with online learning materials on Canvas. Learning Strategies are otherwise orientated towards the practical application of the law in dealing with legal matters surrounding the ownership and transfer of property together with the actions and conduct of industry & professionals engaged in this and related fields.
Active learning opportunities are integrated within this subject via group and individual workshop exercises and assessments. Students are also required to give individual presentations on case studies to the class.
A minimum of 80% attendance is required, as per UTS guidelines.
Content (topics)
The topics that will be covered in the course include:
- Contract Law
- Elements of a contract - formation - intention, offer and acceptance, consideration
- Estoppel
- Terms of a contract
- Contractual documents
- Consent
- Capacity
- Discharge and dissolution
- Remedies for breach
- Options
- Torts
- Intentional Torts
- Negligence
- Duty of Care
- Breach of the Duty of Care
- Damages
- Defences
- Negligence of Builders, Local Authorities and others
- Classification of Property
- Personal Property
- Real Property
- Fixtures
- Ownership/Possession
- Title to property
- Possession of Property
- Estates and Interests in Land
- Fee Simple
- Life Estate
- Leasehold
- Joint ownership
- Joint tenancy
- Tenancy-in-common
- Title to Land
- Old System
- Torrens Title
- Qualified Title
- Limited Title
- Strata Title
- Native Title
- Incumbrances
- Covenants
- Easements
- Mortgages
- Old System Mortgages
- Torrens Mortgages
- Equity of Redemption
- Foreclosure
- Power of Sale
- Leases
- Classification of Leases
- Creation of Leases
- Termination of Leases
- Residential Leases
- Commercial Leases
- Retail Leases Act 1994
- Business Structures
- Partnership v Joint Venture
Assessment
Assessment task 1: Contracts Assignment
| Intent: | The purpose of this assignment is to introduce students to legal research and to demonstrate an understanding of the law of contract as it applies to the ownership and transfer of property and / or construction projects. | ||||||||||||||||
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| Objective(s): | This task addresses the following subject learning objectives: 2 and 3 This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.): .4, C.1 and R.1 | ||||||||||||||||
| Type: | Essay | ||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||
| Weight: | 40% | ||||||||||||||||
| Length: | This assessment has a 2,000 word limit. | ||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Assessment task 2: Native Title and legislation
| Intent: | Critically reflect on the intersection of Native Title, Indigenous heritage, and Indigenous land rights and the profession and apply communication and consultation skills to work effectively for and with Indigenous Australians.ange request] | ||||||||||||||||
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| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.): .4, C.1 and R.1 | ||||||||||||||||
| Type: | Report | ||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||
| Weight: | 40% | ||||||||||||||||
| Length: | This assessment has a 2,000 word limit. | ||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Assessment task 3: Class Presentation
| Intent: | This assessment provides students the opportunity to demonstrate their capacity to conduct legal research related to a specific topic and following present their findings to enable peer learning and discussion. Specific topics are taken from a broad range of legal issues surrounding the provision of professional advice, conducting property transactions and related contractual matters. | ||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.): .4, C.1 and R.1 | ||||||||||||||||||||
| Type: | Presentation | ||||||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||||||
| Weight: | 20% | ||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Minimum requirements
The DAB attendance policy requires students to attend no less than 80% of formal teaching sessions (lectures and tutorials) for each class they are enrolled in to remain eligible for assessment.
Required texts
Refer to "Subject Recources" under "pages" in CANVAS for this subject.
Recommended texts
Refer to "Subject Recources" under "pages" in CANVAS for this subject.
References
Refer to "Subject Recources" under "pages" in CANVAS for this subject.