76047 Advanced Contracts
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.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): (70211 Contracts AND 70517 Equity and Trusts AND 70327 Introduction to Property and Commercial Law) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (70106 Principles of Public International Law AND 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice)
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.
Description
Lawyers are frequently called upon to advise clients about their rights and obligations under contracts. To effectively assist their clients, law graduates need to have a comprehensive understanding of the often complex legal and commercial issues involved in various contracts.
This subject undertakes an advanced examination of the more complex areas of contract law in Australia.
It commences with an overview of commercial concepts and terminology, and the various legislative regimes for regulating contract law both in Australia and internationally. This is followed by a detailed examination of the principles of construction of express terms and exclusion clauses; implied terms and consumer guarantees; the rights of third parties; unconscionable conduct; misleading and deceptive conduct; performance and breach and termination. It concludes by considering the various remedies that may be available for breaches of contracts – including damages; rectification; equitable estoppel and restitution.
The classes are interactive and include guest presentations by practising lawyers on the commercial applications of contract law. Through in-class activities, case analysis reports and research essays, students develop practical skills in researching and applying the relevant rules of contract law to advise hypothetical clients of their rights and options. Students also critically evaluate the effectiveness of the current state of Australian contract law and the scope for further reforms.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Explain and critically analyse the development of the key legislation and general law principles governing various types of contracts within Australia |
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| 2. | Apply relevant legislative rules and general law principles to solve legal problems involving the rights and liabilities of parties to contracts |
| 3. | Critically evaluate the adequacy of Australia’s current framework of contract law, and where relevant the scope for the reforms |
| 4. | Identify and evaluate appropriate electronic and paper-based information resources to assist in resolving practical legal problems involving various forms of contracts |
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:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
Contribution to the development of graduate attributes
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0)
Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0).
Teaching and learning strategies
Strategy 1 - Independent learning:
Student learning outside the classroom is a key learning strategy in this subject. Students will do a large part of the learning in this subject by completing all of the pre-class posted on Canvas, reading, analysing and reflecting upon the assigned readings (as set out in the program below) and undertaking online quizzes.
Strategy 2 - Interactive seminars:
The seminars in this subject involve interactive class discussion between students and their peers and teachers about pre-assigned problems, exercises, readings. Students will learn through practice-based exercises in seminars that will involve a range of common tasks that lawyers are typically involved in, including client advice simulations, drafting exercises and class discussions. Several seminars will incorporate guest lectures from practising lawyers. During the seminars students will undertake a variety of practical exercises including class discussions of short problem scenarios, and activities in small groups involving the contracts that are used in commercial practice.
Strategy 3 Feedback:
Students will be provided with on-going feedback on their understanding of the weekly topics through in-class discussions of solutions to short problem questions towards the end of each class. Before the session Census date, a “Test your knowledge” multiple choice quiz will be available for student completion on Canvas to provide students with formative feedback on their understanding of the principles of Australian contract law. Students will also receive individualised feedback from the marker on their submissions for their Case Analysis Reports.
Subject Delivery:
This subject consists of 12 weeks of classes. Each class consists of a three-hour lecture / seminar every week.
Content (topics)
- Commercial concepts and terminology
- Legislative regimes for regulating contracts
- Construction of express terms
- Construction of exclusion clauses
- Implied terms and consumer guarantees
- The rights of third parties
- Unconscionable conduct
- Misleading and deceptive conduct
- Performance and breach
- Termination
- Damages
- Rectification
- Equitable estoppel
- Restitution
Assessment
Assessment task 1: Case Analysis
| Intent: | The ability to analyse a legal case to distil the relevant facts and legal principles, and to clearly communicate these principles to clients, is a fundamental skill for lawyers. Students will also contribute their observations of the key principles of their assigned case during in-class discussions. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
| Weight: | 30% |
| Length: | 1,500 words |
| Criteria: |
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Assessment task 2: Research Essay
| Intent: | Contract Law is continuously developing, with new technologies, legislative and regulatory developments and new cases impacting upon the field. Lawyers are frequently called upon to research the implications of such developments for the structuring of commercial contracts. This assessment task provides students with the opportunity to demonstrate their skills in researching an contract law issue of their interest, to be approved by the subject coordinator. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
| Weight: | 50% |
| Length: | 2,500 words |
| Criteria: |
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Assessment task 3: Class Participation
| Intent: | Active participation in the face-to-face classes provides students with the opportunity to discuss, resolve and reflect upon authentic problems and issues in the contemporary practice of contract law. Through their active contributions to in-class problem-solving exercises, debates and discussion points, students will receive valuable formative feedback on their understanding of the principles of contract law. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1 and LAW.4.1 |
| Weight: | 20% |
| Length: | Indicative word length 500 words. |
| Criteria: |
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Required texts
Essential Materials:
-
John W Carter Contract Law in Australia 7th Edition (“Carter”) (LexisNexis Butterworths, 2018) (Available online via UTS Library catalogue)
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John Gooley, Ilija Vickovich and Peter Radan Principles of Australian Contract Law 5th Edition (LexisNexis Butterworths, 2021) (“Gooley et al”) (Available online via UTS Library catalogue)
- UTS Law Faculty Guide to Witten Communication (http://www.uts.edu.au/current-students/current-students-information-faculty-law/overview#uts-law-guide-to-written-communication)
- UTS Coursework Assessment Policy and Procedure Manual (http://www.gsu.uts.edu.au/policies/assessment-coursework.html)
- Any recent Contracts textbook or casebook
Recommended texts
The following books are recommended as a useful reference resource:
- Carter, JW, Cases and Materials on Contract Law in Australia, Sydney, (7th ed. 2019), LexisNexis Butterworths Carter, Carter’s Guide to Australian Contract Law (2011) LexisNexis Butterworths.
- Carter, JW, Contract Law in Australia, Sydney, (7th ed. 2018), LexisNexis Butterworths.
- Carter JW, Carter's Breach of Contract, (2011) LexisNexis Butterworths, Australia.
- Lewison K and Hughes D, The interpretation of contracts in Australia, (2012) Thompson Reuters Lawbook.
- Carter JW, The construction of Commercial Contracts, (2013) Hart Publising, Oxford.
- Mason K, Carter JW, Tolhurst GJ, Restitution Law in Australia, (2008), LexisNexis Butterworths, Australia. Seddon et al, Cheshire & Fifoot Law of Contract, (10th ed. 2012), LexisNexis Australia.
- Aityah PS, Essays on Contract (1990) Oxford University Press. Finn PD, Essays on Contract (1987) Lawbook Co.
Other resources
Reports and Journals:
- Australian Contract Law Reporter, CCH Australia (2 volume loose-leaf service)
- Journal of Contract Law published by Butterworths. UTS Library Digital Resources Register
- Some articles are also available relevant to this subject from the UTS Digital Resources Register.
Useful Web Sites