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Unit Outline

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0% found this document useful (0 votes)
184 views10 pages

Unit Outline

blaw12

Uploaded by

Christian Lee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Faculty of Business and Law 

Curtin Law School

Unit Outline

BLAW2012 Applied Contract Law


Trimester 3, 2023

Unit study package code: BLAW2012 


Mode of study: Internal
Tuition pattern summary: Note: For any specific variations to this tuition pattern and for precise
information refer to the Learning Activities section.
Lecture: 1 x 1.5 Hours Weekly
Tutorial: 1 x 1.5 Hours Weekly
This unit does not have a fieldwork component.
Credit Value: 25.0
Pre-requisite units: Nil

Co-requisite units: Nil

Anti-requisite units: Nil

Result type: Grade/Mark


Approved incidental fees: Information about approved incidental fees can be obtained from our website.
Visit https://www.curtin.edu.au/students/essentials/fees/understanding-your-
fees/ for details.
Unit coordinator: Title: Mr
Name: Kyle Bowyer
Phone: 08 9266 7220
Email: Kyle.Bowyer@cbs.curtin.edu.au
Location: Building: 407 - Room: 332

Teaching Staff:

Administrative contact: Name: Kyle Bowyer


Phone: 08 9266 7220
Email: kyle.bowyer@cbs.curtin.edu.au
Location: Building: 407 - Room: 332

Learning Management System: Blackboard (lms.curtin.edu.au)

Acknowledgement of Country
We respectfully acknowledge the Indigenous Elders, custodians, their descendants and kin of this land past and
present. The Centre for Aboriginal Studies aspires to contribute to positive social change for Indigenous
Australians through higher education and research.

BLAW2012 Applied Contract Law Page: 1 of 10



Dubai Intern'l Academic City CRICOS Provider Code 00301J
30 Apr 2023 The only authoritative version of this Unit Outline is to be found online in OASIS
Curtin Law School, Faculty of Business and Law
Faculty of Business and Law 
Curtin Law School

Coronavirus (COVID-19) Update


Curtin University is committed to supporting all our students and staff whether they are on campus, working
remotely or overseas. Your health, safety and wellbeing are our priority and the continuing COVID-19 pandemic
may require changes to the unit schedule, learning activities, delivery modes and assessment to provide flexible
and safe options to our community. Curtin will endeavour to keep changes and disruptions to a minimum at all
times. For current advice and further information visit https://www.curtin.edu.au/novel-coronavirus/.

Syllabus
This unit covers the formation negotiation and operation of contracts, the role and structure of the contents of a
business contract including boilerplate and common clauses, risk management and termination clauses, the type
and scope of contract remedies and dispute resolution.

Introduction
Welcome to Applied Contract Law.
Tuition
You have enrolled into the internal availability for this unit.
All students in this unit will have a weekly face to face lecture and tutorial.
All students in this unit have the opportunity to contact your local lecturer or me (the Unit Controller) for additional
consultation.
About the Unit
The primary aim of this unit is to apply the theory of contract law into practice by reference to practical, business-
related situations and sample contracts.
Whilst the unit touches upon the basic theoretical concepts of contract law in the various modules, the emphasis
will be on how these concepts, ideas and practices are seen in real-life contracts. The unit will focus on
commercial type contracts but may also consider contracts that students may encounter in their personal lives.
It is hoped that this unit will teach students how to understand and work with real-life contracts whilst also having
a basic grasp of the theoretical concepts underpinning some common contractual practices.

Unit Learning Outcomes


All graduates of Curtin University achieve a set of six Graduate Capabilities during their course of study. These
inform an employer that, through your studies, you have acquired discipline knowledge and a range of other skills
and capabilities which employers would value in a professional setting. Each unit in your course addresses the
Graduate Capabilities through a clearly identified set of learning outcomes. They form a vital part in the process
referred to as assurance of learning. The learning outcomes notify you of what you are expected to know,
understand or be able to do in order to be successful in this unit. Each assessment for this unit is carefully
designed to test your knowledge of one or more of the unit learning outcomes. On successfully completing all of
the assessments you will have achieved all of these learning outcomes.
Your course has been designed so that on graduating you will have achieved all of Curtin's Graduate Capabilities
through the assurance of learning processes in each unit.

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Dubai Intern'l Academic City CRICOS Provider Code 00301J
30 Apr 2023 The only authoritative version of this Unit Outline is to be found online in OASIS
Curtin Law School, Faculty of Business and Law
Faculty of Business and Law 
Curtin Law School

Graduate Capabilities
On successful completion of this unit students can:
addressed
1 Explain and demonstrate the principles of contract law relevant to the formation and
operation of a contract
2 Identify, interpret and explain standard and common clauses in business contracts
and apply them to business scenarios
3 Identify risks inherent in negotiating and making and managing business contracts
and discuss potential clauses and strategies to minimise those risks
4 Construct business directed communication related to contract development,
interpretation, management and effect
Curtin's Graduate Capabilities
Apply discipline
Innovative, creative and Effective communicators
knowledge, principles
entrepreneurial with digital competency
and concepts

Culturally competent to engage


Globally engaged and Industry connected and
respectfully with local First Peoples
responsive career capable
and other diverse cultures

Find out more about Curtin's Graduate Capabilities at the Learning Innovation and Teaching Excellence Centre
(LITEC) website: litec.curtin.edu.au

Learning Activities
1 x 90-minute lecture per Module. This lecture provides an introduction and overview of the contract law theory
and practice relevant to the Module for the week. The lecture may also be recorded and available for you to listen
to at a time of your choice (discuss with your local lecturer). You are expected to attend / listen to the lecture
before the tutorial work or session for that Module (preferrably well beforehand so that you can be prepared for
the tutorial).
1 x 90 minute tutorial per Module. During this time you will work collaboratively with the other members of the
class on scenarios or questions using sample contracts or materials provided on blackboard or in class.

Learning Resources

Essential texts
The required textbook(s) for this unit are:

l Harris and Croese, Contract Law In Context, 1st Edition, Wolters Kluwer CCH, 2015 (ISBN/ISSN:
9781922180957)
This book can be purchased as a physical text or an e-book.
(ISBN/ISSN: 9781922180957)

Other resources
Lecture slides, tutorial materials, sample contracts, notes and any other relevant information will be provided on
BlackBoard in the Reading List.

BLAW2012 Applied Contract Law Page: 3 of 10



Dubai Intern'l Academic City CRICOS Provider Code 00301J
30 Apr 2023 The only authoritative version of this Unit Outline is to be found online in OASIS
Curtin Law School, Faculty of Business and Law
Faculty of Business and Law 
Curtin Law School

Assessment

Assessment policy exemptions

l There are no exemptions to the assessment policy

Assessment schedule
Unit
Late Assessment
Value Learning
Task Date Due Assessments Extensions
% Outcome(s)
Accepted?* Considered?*
Assessed
Online IRIS eTest 20% Week: Teaching 1 No Yes
Week 7 - Online Test
1
Day: TBA
Time: TBA
Written Assessment 40% Week: Teaching 1,2,4 Yes Yes
Week 11 - Project
2
Day: Monday 17 July
Time: 5pm (WST)
Online IRIS Exam 40% Week: Examinations 1,2,3 No Yes
- Written Assessment
3
Day: TBA
Time: TBA
*Please refer to the Late Assessment and the Assessment Extension sections below for specific details and
conditions.

Detailed information on assessment tasks

1. Online Test
The Multiple Choice / Online e-Test: This is worth 20%. This will be in the form of an online e-test, comprising a series
of questions which students will be given a specific period of time to answer. The content and topics of the first half of
the Unit will be examinable. Your unit controller will give more details on the test during the semester.
This test will make use of the IRIS invigilation software.
2. You will complete an individual written project on topics and/or scenarios to be provided on Blackboard.
This could cover any modules in the unit but will have an emphasis on the second half of the unit.
You may also be required to construct a business-directed communication, such as a notice or a memo.
This is worth 40%.
3. Students will complete an exam in which they may be required to analyse a given scenario, answer some
short questions, draft a memorandum or other business communication to management explaining the law
and recommending solutions to problems posed by the scenario. This is worth 40%.
This examination will make use of the IRIS invigilation software.

Pass requirements
Students do not have to pass all assessments but must obtain at least 50 marks overall.

BLAW2012 Applied Contract Law Page: 4 of 10



Dubai Intern'l Academic City CRICOS Provider Code 00301J
30 Apr 2023 The only authoritative version of this Unit Outline is to be found online in OASIS
Curtin Law School, Faculty of Business and Law
Faculty of Business and Law 
Curtin Law School

Assessment Moderation

Fair assessment through moderation


Moderation describes a quality assurance process to ensure that assessments are appropriate to the learning
outcomes, and that students work is evaluated consistently by assessors. Minimum standards for the moderation
of assessments are described in the Assessment and Student Progression Manual, available from
policies.curtin.edu.au/findapolicy/

Pre-marking moderation
Peer review of assessment design to ensure sampling across content; peer review of assessment task details
(provided to students); peer review of examination questions; peer review of marking guide.

Intra-marking / Post-marking moderation


Calibration of markers on a sample of assessments prior to marking; double marking of a sample of assessments
to ensure consistency during process; Moderation of a sample of student work near grade boundaries.

Late assessment
Where the submission of a late assessment is permitted, late penalties will be consistently applied in this unit.
Where a late assessment is permitted for an assessment item or the entirety of the unit (refer to the Assessment
Schedule table in this Unit Outline) and the student does not have an approved assessment extension:

1. For assessment items submitted within the first 24 hours after the due date/time, students will be penalised
by a deduction of 5% of the total marks allocated for the assessment task;
2. For each additional 24 hour period commenced an additional penalty of 10% of the total marks allocated
for the assessment item will be deducted; and
3. Assessment items submitted more than 168 hours late (7 calendar days) will receive a mark of zero.

Where late assessment is NOT permitted for an assessment item or the entirety of the unit (refer to the
Assessment Schedule table in this Unit Outline) and the student does not have an approved assessment extension:

1. All assessment items submitted after the due date/time will receive a mark of zero.

BLAW2012 Applied Contract Law Page: 5 of 10



Dubai Intern'l Academic City CRICOS Provider Code 00301J
30 Apr 2023 The only authoritative version of this Unit Outline is to be found online in OASIS
Curtin Law School, Faculty of Business and Law
Faculty of Business and Law 
Curtin Law School

Assessment extension
Where an application for an assessment extension is permitted for an assessment item(s) within this unit (refer to
the Assessment Schedule table in this Unit Outline):

1. A student who is unable to complete an assessment item by/on the due date/time as a result of exceptional
circumstances beyond the student’s control, may apply for an assessment extension on the Assessment
Extension Application Form as prescribed by the Academic Registrar. The form is available on the Forms
page at https://students.curtin.edu.au/essentials/forms-documents/forms/ and also within the student's
OASIS (My Studies tab – Quick Forms) account.
2. The student will be expected to submit their application for an Assessment Extension with supporting
documentation via the online form.
3. Timely submission of this information supports the assessment process. For applications that are declined,
delayed submission may have significant ramifications on the possible marks awarded.
4. An application may be accepted up to five working days after the due date/time of the assessment item
where the student is able to provide a verifiable explanation as to why they were not able to submit the
application prior to the assessment due date/time

Where an application for an assessment extension is NOT permitted for an assessment item(s) within this unit
(refer to the Assessment Schedule table in this Unit Outline):

1. All assessment items submitted after the due date/time will be subject to late penalties or receive a mark of
zero depending on the unit permitting late assessment submissions.

Deferred assessments
If your results show that you have been granted a deferred assessment you should immediately check OASIS for
details.
Deferred examinations/tests will be held from 30/08/2023 to 08/09/2023 . Notification to students will be made
after the Board of Examiners’ meeting via the Official Communications Channel (OCC) in OASIS.

Further assessment
Further assessments, if granted by the Board of Examiners, will be held between 30/08/2023 and 08/09/2023 .
Notification to students will be made after the Board of Examiners meeting via the Official Communications
Channel in OASIS.
It is the responsibility of the student to be available to complete the requirements of a further assessment. If your
results show that you have been granted a further assessment you should immediately check OASIS for details.

Reasonable adjustments for students with disabilities/health circumstances likely to impact on


studies
A Curtin Access Plan (CAP) is a document that outlines the type and level of support required by a student with a
disability or health condition to have equitable access to their studies at Curtin. Carers for people with disability
may also be eligible for support. This support can include alternative exam or test arrangements, study materials
in accessible formats, access to Curtin's facilities and services or other support as discussed with an advisor from
AccessAbility Services.
Documentation is required from your treating Health Professional to confirm your health circumstances or carer
responsibilities.
If you think you may be eligible for a CAP, please contact AccessAbility Services. If you already have a CAP please
provide it to the Unit Coordinator in week 1 of each study period.

BLAW2012 Applied Contract Law Page: 6 of 10



Dubai Intern'l Academic City CRICOS Provider Code 00301J
30 Apr 2023 The only authoritative version of this Unit Outline is to be found online in OASIS
Curtin Law School, Faculty of Business and Law
Faculty of Business and Law 
Curtin Law School

Referencing style
The referencing style for this unit is AGLC.
More information can be found on this style from the Library web site:
https://libguides.library.curtin.edu.au/uniskills/referencing/aglc.

Privacy
As part of a learning or assessment activity, or class participation, your image or voice may be recorded or
transmitted by equipment and systems operated by Curtin University. Transmission may be to other venues on
campus or to others both in Australia and overseas.
Your image or voice may also be recorded by students on personal equipment for individual or group study or
assessment purposes. Such recordings may not be reproduced or uploaded to a publicly accessible web
environment. If you wish to make such recordings for study purposes as a courtesy you should always seek the
permission of those who are impacted by the recording.
Recording of classes or course materials may not be exchanged or distributed for commercial purposes, for
compensation, or for any other purpose other than personal study for the enrolled students in the unit. Breach of
this may subject a student to disciplinary action under Statute No 10 – Student Disciplinary Statute.
If you wish to discuss this please talk to your Unit Coordinator.

Copyright
The course material for this unit is provided to you for your own research and study only. It is subject to
copyright. It is a copyright infringement to make this material available on third party websites without the express
written consent of Curtin University.

BLAW2012 Applied Contract Law Page: 7 of 10



Dubai Intern'l Academic City CRICOS Provider Code 00301J
30 Apr 2023 The only authoritative version of this Unit Outline is to be found online in OASIS
Curtin Law School, Faculty of Business and Law
Faculty of Business and Law 
Curtin Law School

Academic Integrity (including plagiarism and cheating)


Academic Integrity
Curtin's Student Charter, Academic Integrity Program (AIP), and core Values guide expectations regarding student
behaviour and responsibilities. Information on these topics can be found on the Academic Integrity Website.
Academic Integrity Warnings
An Academic Integrity Warning may be issued to a student in limited circumstances and only where misconduct is
not involved.
Academic Misconduct
Staff members are required to report poor academic practice and suspected misconduct. Academic Misconduct
means conduct by a student that is dishonest or unfair in connection with any academic work. This includes all
types of plagiarism, cheating, collusion, falsification or fabrication of content, and behaviours like falsifying
medical certificates for extension. Contract cheating, the use of file sharing, translation services/apps,
paraphrasing tools (text-spinners), article generators, and assignment help websites also may be considered
academic misconduct.
Check your assessment instructions carefully before using any generative artificial intelligence (Gen-AI) software
(e.g. Chat GPT, Midjourney, GitHub Copilot, etc.). You are not permitted to use Gen-AI software in any assessment
task unless written permission is explicitly granted by the Unit Coordinator (e.g. within Blackboard or the
assignment specifications). If the use of Gen-AI software has been approved, you must document its use, apply
appropriate acknowledgement and attribution rules, and include a statement as to the nature and extent of the
use when submitting the assessment. Unapproved, inappropriate, or undisclosed use may be dishonest or unfair
behaviour, and thus considered misconduct. For further information on the use of Gen-AI software see the
Academic Integrity Website.
The longer term personal, social, and financial consequences of misconduct can be severe, so please ask your
tutors or unit coordinator if you need clarification or are unsure what to do. If your work is the subject of an
inquiry, you will be given an opportunity to respond and appropriate support will be provided. Academic work
under inquiry will not be graded until the process has concluded. Penalties for misconduct may include a warning,
a reduced or nil grade, a requirement to repeat the assessment, an annulled grade (ANN) or termination from the
course. For more information refer to Statute No.10 Student Discipline and Academic Misconduct Rules.

Information and Communications Technology (ICT) Expectations


Curtin students are expected to have reliable internet access in order to connect to OASIS email and learning
systems such as Blackboard and Library Services.
You may also require a computer or mobile device for preparing and submitting your work.
Students are expected to have all the necessary equipment to study this unit – a computer, webcam, microphone, and
reliable internet access. If access to any necessary equipment is not available students should use the resources
available in the Curtin University Library.
The possession of unauthorised material in an online assessment, or any other form of cheating or attempting to cheat in
an online assessment, is not permitted, and will be referred to the appropriate committee for Academic Misconduct.
For general ICT assistance, in the first instance please contact OASIS Student Support:
oasisapps.curtin.edu.au/help/general/support.cfm
For specific assistance with any of the items listed below, please visit UniSkills and the IT tools and guides
webpage.

l Using Blackboard, the I Drive and Back-Up files


l Introduction to PowerPoint, Word and Excel

BLAW2012 Applied Contract Law Page: 8 of 10



Dubai Intern'l Academic City CRICOS Provider Code 00301J
30 Apr 2023 The only authoritative version of this Unit Outline is to be found online in OASIS
Curtin Law School, Faculty of Business and Law
Faculty of Business and Law 
Curtin Law School

Additional information
Enrolment
It is your responsibility to ensure that your enrolment is correct - you can check your enrolment through the
eStudent option on OASIS, where you can also print an Enrolment Advice.

Student Rights and Responsibilities


It is the responsibility of every student to be aware of all relevant legislation, policies and procedures relating to
their rights and responsibilities as a student. These include:

l the Student Charter


l Values and Signature Behaviours
l the University's policy and statements on plagiarism and academic integrity
l copyright principles and responsibilities
l the University's policies on appropriate use of software and computer facilities

Information on all of the above is available through the University's "Student Rights and Responsibilities" website
at: students.curtin.edu.au/rights.
Note: In Australia and other jurisdictions, students are required to complete a screening check prior to
undertaking any activities that include children (e.g. surveying children at a school as part of a project). If this
applies to you, start by contacting your unit coordinator for advice.

Student Equity
There are a number of factors that might disadvantage some students from participating in their studies or
assessments to the best of their ability, under standard conditions. These factors may include a disability or
medical condition (e.g. mental illness, chronic illness, physical or sensory disability, learning disability), significant
caring responsibilities, pregnancy, religious practices, living in a remote location,or another reason. If you believe
you may be unfairly disadvantaged on these or other grounds please contact the appropriate service below. It is
important to note that the staff of the University may not be able to meet your needs if they are not informed of
your individual circumstances, so please get in touch with the appropriate service if you require assistance.
To discuss your needs in relation to:

l Disability or medical conditions, contact AccessAbility Services: https://students.curtin.edu.au/personal-


support/disability/
l Elite athletes, contact Elite Athlete Coordinator: https://stadium.curtin.edu.au/sport/academy/elite-athlete-
program/
l All other grounds, contact the Student Wellbeing Advisory Service: https://students.curtin.edu.au/personal-
support/counselling-guidance/wellbeing/

Recent Unit Changes & Response to Student Feedback


Students are encouraged to provide feedback through student surveys (such as eVALUate, Curtin's teaching and
unit survey and the annual Student Experience Survey) and interactions with teaching staff.
Listed below are some recent changes to the unit as a result of student feedback.
We have incorporated feedback from students from the old version of the unit, particularly a change from 1 hour
lecture, 2 hour tutorial to 1.5 hour for each. In Sem 1 2022, we revised the syllabis and contents.

BLAW2012 Applied Contract Law Page: 9 of 10



Dubai Intern'l Academic City CRICOS Provider Code 00301J
30 Apr 2023 The only authoritative version of this Unit Outline is to be found online in OASIS
Curtin Law School, Faculty of Business and Law
Faculty of Business and Law 
Curtin Law School

Program calendar

Teaching Begin Lecture Tutorial Assignment


Week Date

1. 8 May M1 – Intro & Elements NO TUTORIAL


1

2. 15 May M2 – Elements 2 M1 – Intro & Elements


1

3. 22 May M3 - Formation M2 - Elements

4. 29 May M4 - Terms M3 - Formation

5. 5 June M5 - Structure M4 - Terms

6. 12 June M6 – Performance M5 - Structure

7. 19 June M7 - Variation M6 – Performance Online Test (20%) Date and


Time TBA

8. 26 June M8 – Fairness 1 M7 - Variation

9. 3 July M9 – Fairness 2 M8 – Fairness 1

10. 10 July M10 - Remedies M9 – Fairness 2

11. 17 July M11 – Dispute & Other M10 - Remedies A2 Due 5pm Mon
17 July (40%)

12. 24 July EXAM INFO AND REVISION AND EXAM


REVISION PREP

13. 31 July Study Week

14. 7 August Examinations

BLAW2012 Applied Contract Law Page: 10 of 10



Dubai Intern'l Academic City CRICOS Provider Code 00301J
30 Apr 2023 The only authoritative version of this Unit Outline is to be found online in OASIS
Curtin Law School, Faculty of Business and Law

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