law2ctb contract law b
CONTRACT LAW B
LAW2CTB
2017
Credit points: 15
Subject outline
In this subject, students will examine a range of circumstances in which contractual assent has been overridden, giving rise to the potential for relief at common law or in equity. Students will address the statutory measures that have been implemented to supplement the common law approach. By this examination, students will develop their problem-solving skills and expand them to legal problems involving statute. This subject also reinforces skills in case analysis and expands case-reading to cases involving the application of the Australian Consumer Law. Students will also consider the role of policy in the development of common law and statute. This subject, in combination with Contract Law A, meets the requirements of the Victorian Legal Admissions Board to practice in Victoria in the area of Law of Contracts. The subject contains the La Trobe Innovation and Entrepreneurship Essential , that requires students to: Understand and experience complexities of change; Generate and manage new ideas, in ways that include partnerships and collaboration; and Synthesise knowledge, prioritise action and manage risks.
SchoolLa Trobe Law School
Credit points15
Subject Co-ordinatorSteven Geroe
Available to Study Abroad StudentsYes
Subject year levelYear Level 2 - UG
Exchange StudentsYes
Subject particulars
Subject rules
Prerequisites LAW1LIM and (LAW2TOT or LAW2TOR) and (LAW2CTA or LAW2CNT)
Co-requisitesN/A
Incompatible subjects LAW2CCL and LAW2CCC
Equivalent subjectsN/A
Special conditions Must be admitted to any Bachelor of Laws UG degree or have permission from Law Director of Programs
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Consumer Protection Law in Australia | Prescribed | Alex Bruce, 2013 | Lexis Nexis |
| Readings | Principles of Australian Contract Law | Prescribed | J Gooley, R Radan, I Vickovich, 2013 | Lexis Nexis |
Graduate capabilities & intended learning outcomes
01. Ability to analyse common law principles at law and in equity.
- Activities:
- Online learning activities, in-class problem-solving activities, formative problem-solving assessment and final exam.
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing,Quantitative Literacy)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
02. Ability to interpret statutory provisions and associated case law relating to contracts.
- Activities:
- Online learning activities, in-class problem-solving activities, formative problem-solving assessment and final exam.
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing,Quantitative Literacy)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
03. Ability to use legal problem-solving skills to compose a legal opinion which applies the appropriate common law and statutory principles to facts.
- Activities:
- Online learning activities, in-class problem-solving activities, formative problem-solving assessment and final exam.
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing,Quantitative Literacy)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
04. Ability to critically analyse the social, economic and ethical context within which the law relating to commercial and consumer contracts operates.
- Activities:
- Online learning activities, in-class problem-solving activities, formative problem-solving assessment and final exam.
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing,Quantitative Literacy)
- Literacies and Communication Skills(Writing,Quantitative Literacy)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
05. Ability to identify the outcomes arising from alternative arguments and to argue strategically on the basis of the needs of a client in a fictional scenario, including identification of the opportunities and risks of these alternative arguments.
- Activities:
- Online-learning activities, in-class problem-solving activities, formative problem-solving assessment and final exam.
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing,Quantitative Literacy)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
- Personal and Professional Skills(Autonomy and independence,Ethical behaviour,Adaptability Skills,Study and Learning Skills)
Subject options
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Bendigo, 2017, Semester 2, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorSteven Geroe
Class requirements
LectureWeek: 31 - 43
Eight 2.0 hours lecture per study period on weekdays during the day from week 31 to week 43 and delivered via blended.
"A mix of face-to-face and online lectures. Face-to-face lectures delivered in Bundoora video-conferenced to Bendigo and scheduled for Weeks 1, 2, 4, 5, 7, 9, 11 and 12."
TutorialWeek: 32 - 43
One 1.0 hours tutorial per week on weekdays during the day from week 32 to week 43 and delivered via face-to-face.
Unscheduled Online ClassWeek: 31 - 43
Four 2.0 hours unscheduled online class per study period on any day including weekend during the day from week 31 to week 43 and delivered via online.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| 2 hour open book examination with 15 minute reading time 2,000 words | 50 | 01, 02, 03, 04 | |
| Problem solving task requiring composition of a legal opinion 1800 words | 35 | 01, 03, 04, 05 | |
| Online activities to be completed via LMS 800 Words | 15 | 01, 02, 03, 04, 05 |
Melbourne, 2017, Semester 2, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorSteven Geroe
Class requirements
LectureWeek: 31 - 43
Eight 2.0 hours lecture per study period on weekdays during the day from week 31 to week 43 and delivered via blended.
"A mix of face-to-face and online lectures. Face-to-face lectures delivered in Bundoora video-conferenced to Bendigo and scheduled for Weeks 1, 2, 4,5,7,9,11 and 12"
TutorialWeek: 32 - 43
One 1.0 hours tutorial per week on weekdays during the day from week 32 to week 43 and delivered via face-to-face.
Unscheduled Online ClassWeek: 31 - 43
Four 2.0 hours unscheduled online class per study period on any day including weekend during the day from week 31 to week 43 and delivered via online.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| 2 hour open book examination with 15 minute reading time 2,000 words | 50 | 01, 02, 03, 04 | |
| Problem solving task requiring composition of a legal opinion 1800 words | 35 | 01, 03, 04, 05 | |
| Online activities to be completed via LMS 800 Words | 15 | 01, 02, 03, 04, 05 |