LAW 241A/B : Law of Contract
Law
2024 Semester One (1243) / Semester Two (1245) (30 POINTS)
Course Prescription
Course Overview
In Semester 1, we begin with the issues relating to contract formation. We will consider how a contract is made and learn why and when the law recognises a legally binding contract. We will then ask what happens when a party fails to perform its contractual obligations and look at the main consequence of a breach of contract: the payment of damages.
In Semester 2, we will look at how we find out the contract’s content once it is made. We will consider different types of terms and how the courts will interpret these. We will then look at vitiating factors and the right to withhold performance if the counterparty fails or refuses to perform its part.
Course Requirements
Capabilities Developed in this Course
| Capability 1: | People and Place |
| Capability 3: | Knowledge and Practice |
| Capability 4: | Critical Thinking |
| Capability 5: | Solution Seeking |
| Capability 6: | Communication |
Learning Outcomes
- Identify relevant legal principles of contract law and apply them to factual scenarios in order to reach reasoned solutions (Capability 5.1)
- Demonstrate a high level of engagement with, and independent critical analysis of, the body of contract case law and legislation covered in this course, based on the normative foundations laid down in the lectures, relating to considerations of justice, efficiency, and fairness in Aotearoa New Zealand (Capability 1.2, 4.1 and 4.2)
- Communicate clearly, precisely, coherently and concisely in writing, on questions relating to contract law, for a range of audiences (Capability 6.1)
- Describe and apply the theoretical underpinnings of contract law (Capability 3.1 and 3.2)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Early Quiz | 5% | Individual Coursework |
| Essay 1 | 15% | Individual Coursework |
| Essay 2 | 15% | Individual Coursework |
| Final Exam | 65% | Individual Coursework |
| 4 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |||||||
| Early Quiz | ||||||||||
| Essay 1 | ||||||||||
| Essay 2 | ||||||||||
| Final Exam | ||||||||||
Workload Expectations
This is a 30-point course that runs across both semesters. There will be around 36 hours of lectures in this course in each semester. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours per semester and 300 hours for the year.
Delivery Mode
Campus Experience
Your course will include live lectures conducted in-person and recorded. It will also include tutorials, which are not recorded. Attendance is expected at both the lecture and tutorial components of the course.
You may also be required to attend coursework assessments on campus scheduled throughout the semester.
You must be available to attend the final examination, which will be in person and invigilated.
Learning Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.
Class Representatives
Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Learning Continuity
In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.