LAW 241A/B : Law of Contract

Law

2020 Semester One (1203) / Semester Two (1205) (30 POINTS)

Course Prescription

The general principles of contract law including: the formation of contracts at common law, New Zealand contract legislation, breach of contract, and remedies for breach of contract. An introduction to the general principles of agency.

Course Overview

The law of contract is concerned with the basic issues of formation, performance and enforcement of agreements that are recognized in law as “contractual” in nature. The course covers the general principles of contract law, including the formation of contracts at common law, contract legislation in Aotearoa/New Zealand, breach of contract and remedies for breach, including damages.

We begin with the issues relating to contract formation - i.e. with the making of contracts. We will consider the formal contract and its creation and also find out when the law will recognise a simple contract as legally binding. Next, we will look at what the contract says that the parties are expected to do. The obligations in the contract are contained in the contract terms. We consider different types of terms and how the courts will interpret these. We look at damages and the right to withhold performance if the counterparty fails or refuses to perform its part. We find out what a client can do when faced with a breach of contract, i.e. when the other party has not fulfilled their side of the agreement. We explore mistaken assumptions and how the law regulates this area.


Course Requirements

Corequisite: LAW 298 or 299 To complete this course students must enrol in LAW 241 A and B

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Demonstrate a good understanding and knowledge of the relevant legal principles and ability to apply them to factual scenarios in order to reach reasoned solutions (Capability 1.1, 1.2, 1.3, 2.1, 2.3, 3.2, 4.1 and 5.1)
  2. Demonstrate a high level of engagement with, and independent critical analysis of, the body of case law covered in this course (Capability 1.2, 1.3, 2.1, 2.2, 2.3 and 5.1)
  3. Communicate clearly, precisely, coherently and concisely, both in writing and orally (Capability 4.1 and 4.2)
  4. Demonstrate a high level of engagement with the tutorial programme and preparedness for tutorials through the submission of written tutorial outline answers (Capability 1.1, 1.2, 1.3, 2.1, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1 and 5.2)
  5. Demonstrate an awareness of the theoretical underpinnings of contract law and its historical development (Capability 1.1, 2.2 and 3.3)

Assessments

Assessment Type Percentage Classification
Case reading and analysis quiz 10% Individual Coursework
Tutorial outline answers 20% Individual Coursework
Final Exam 70% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Case reading and analysis quiz
Tutorial outline answers
Final Exam
Students must submit outline answers to 2 tutorial questions from each semester (4 in total), to be selected from those indicated in the tutorial programme.  As a rough guide, each answer should be around 2 sides in length (font 12,  double spaced). 

Learning Resources

Course case books:
It is strongly recommended that you purchase physical copies of the case books as the exam is open book.

Recommended text:
There is no prescribed text, but Burrows, Finn and  Todd, Law of Contracts in New Zealand (6th ed, LexisNexis NZ, 2017) is recommended. 

Other useful tests include those by Chitty, Treitel and Greig and Davis, all of which are held on reserve in the Law Library. 

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.

Digital 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.

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 against online source material using computerised detection mechanisms.

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 at 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.

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.

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 you may be asked to submit your 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. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 20/12/2019 09:57 a.m.