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1 LAW10003 Contract Law II Assessment details Critical Case Comment Due: 11pm Monday 6 August 2018 Length: 1500–2000 words (bibliography and footnotes not counted in the word limit; any excess will...

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LAW10003 Contract Law II
Assessment details

Critical Case Comment

11pm Monday 6 August 2018


1500–2000 words (bibliography and footnotes not counted in the
word limit; any excess will not be marked)



Learning outcomes:

1–5 (see below)

Submission method:

electronic copy only via Turnitin
Your assignment is expected to demonstrate that you can:

1. identify the legal and policy issues in complex contractual cases and hypothetical

2. apply relevant legal principles to the resolution of these issues;

3. critically analyse aspects of contract law from a particular theoretical perspective;

4. develop high levels of skill in the reading of statutes and/or cases; and

5. write in clear and logical language.

The purpose of this assessment is to provide you with the opportunity to demonstrate and
further develop your critical analysis skills in the area of Contract Law. You may want to
efresh your understanding of what critical analysis is in the context of law by revisiting the
study materials for LAW00111 Legal Process.

Whilst Contract Law is traditionally considered to be a ‘black letter’ law unit, it is clear from
the theories and critical perspectives (introduced in LAW10001 Contract Law I and Chapter 1
of your prescribed text), that judges are influenced by different social and policy
considerations in the judgments they make. It is important that you develop the skill of
analysing cases to reveal these influences. This assessment item gives you the opportunity to
do this.


You are asked to analyse an area of Contract Law so as to gain a deeper understanding of the
social and policy considerations that may influence the development and application of
ent legal principle. This will assist you to develop the following capacities:

 to read and comprehend complex legal decisions

 to engage in sophisticated arguments based on legal principle, and

 to formulate principled arguments to extend or modify the application of existing
Assignment question

Read the following case:

Case: Brisbane City Council v Group Projects Pty Ltd [1979] HCA 54

Guiding question for your case comment:
Does the decision in Group Projects support the understanding of the role of the court as stated by
the proponents of Classical Contract Theory?

Assignment instructions

You are required to prepare a critical case comment on this case in light of the material you
are learning in this unit – that is, the material contained in the relevant topics (Topics 1 and
2) in your Study Guide and readings, and through your own research.

Use the guiding question to assist you to construct your analysis and to guide your research.
In particular, it asks you to engage in a critique that identifies how Classical Contract Theory
has (or has not) influenced the decision made by the judges in this case. That is, you are
expected to engage in an explicit discussion of Classical Contract Theory (which includes the
elated discussion in the text of Promise Theory and Consent Theory) in your analysis of this
case (see in particular, TB: [1.05]-[1.25]; CB: [1.05]-[1.25]).

The word limit given indicates the maximum number of words for your work. However, it also
guides you in relation to the expected length of your work. If your work falls far short of the
minimum word limit, you are unlikely to achieve a good mark. Ideally, your answer should
meet the minimum word count but must not exceed the maximum word limit. Any words
exceeding the maximum word limit WILL NOT BE MARKED. The word limit is prescribed to
ensure that students’ work is comparable and that no student is advantaged when they write
an excessively long piece of work enabling them to explore issues more carefully than other
students who have stayed within the prescribed limits.

You must provide a reference to any materials to which you refer. You must also provide
footnotes as appropriate, and a bibliography of materials used, and must use footnotes as
outlined in the Australian Guide to Legal Citation (3rd ed).



References do not form part of your word count. For this reason, footnotes should contain
only citation information. Any other information provided in footnotes will be ignored. If the
information is worth saying – say it in the body of your written work!
Structure of your case comment

Your case comment should use the following format:

1. Case citation

2. Brief summary of facts

3. Brief summary of procedural history

4. Brief summary of the ratio decidendi

*5. Critique

We suggest (at the very least) you outline the basics of Classical Contract Theory and
explore at least one, if not more, of the relevant theorists (i.e Fried, Smith, Barnett)
mentioned in your textbook and/or casebook in respect of their view of the role of the
court to ‘fill gaps’ (imply terms or end a contract by frustration). You should also examine
(although you are certainly not limited to) the academic articles refe
ed to in the
footnotes of your textbook/casebook for Topics 1 and 2).

6. Brief conclusion to draw together the themes/ main points of your critique.
* Note well – this section (the Critique) of your discussion is the most significant to the skills
eing tested by this assessment. We strongly recommend that you allocate sufficient words
from your word limit to explain and demonstrate your critique. As a rough guide, about half
of your total words should be used to write this section.
Marking criteria for this assessment

 States parameters/focus of the case comment

 Provides accurate summary of facts of case

 Provides accurate summary of ratio decidendi

 Demonstrates a well-developed critical analysis of the case by:
o developing argument (position) in response to question

o developing argument (position) accurately, coherently and persuasively and
o supporting its arguments with appropriate and relevant evidence

 Paper well organised and structured

 Quality of written expression – clear and concise, with accurate spelling and grammar

 Citations accurate, comprehensive and according to AGLC (3rd ed)

Return of Assignments
For only those Assignments submitted on or before the due date, every effort will be made to
mark and return these assignments to students within three weeks of the due date.

Marked Assignments will be uploaded to the Grade Centre in your MySCU learning site.

The Unit Assessor reserves the right to set an alternative assessment task where for any reason
an Assignment has not been handed in within three weeks after the due date.

Paraphrasing and Plagiarism

The failure to provide a citation and/or to paraphrase (unless direct quotes are appropriate)
when you refer to the work of others amounts to a
each of the University’s policy on Student
Academic Integrity and may result in you obtaining a fail in this unit or facing other disciplinary
sanctions. Do not be tempted to use someone else's work and pass it off as your own – such
action constitutes plagiarism. This includes paying someone else to prepare your work – this is a
very serious form of academic dishonesty.

If an allegation under the Student Academic Integrity policy is proven against you, as well as
having penalties imposed by the University, you are very likely to have to disclose this matter if
you seek admission to the legal profession (and possibly to other professional accrediting bodies).
Legal profession admitting authorities take ALL forms of academic dishonesty very seriously and
may deny or delay the admission of any person against whom an allegation of plagiarism or
academic dishonesty has been proven.

Severe penalties are also imposed by the University in response to all forms of plagiarism and
academic dishonesty. Plagiarism is very easy to detect for people whose job it is to distinguish
etween styles of writing. Plagiarism is committed when a person takes ideas from the literature or
from another student and presents those ideas as his/her own. Though you may not present
someone else's work word-for-word, you are required to acknowledge the author of the original
source even if you re-phrase, embellish or simply change it around. If you quote the actual words of
the author, then merely to provide a footnote indicating the source of the idea, this is insufficient.
You must also provide quotation marks, or indent a lengthy quotation. There must also be a footnote
indicating the exact source of the quotation.

The habit of taking notes ve
atim from any source may get you into trouble if you fail to note
the origin of those sources. It is easy to later forget that the notes are ve
atim and to include
them into an assignment. Plagiarism is avoided by always acknowledging the source of any ideas,
statements, etc, if they have come from another person's work. You do this by using the co
eferencing practices.

To ensure you understand the seriousness of plagiarism, when submitting your assignment you
are required to explain the Turnitin Similarity percentage for your paper. More guidance is
available on MySCU to assist you.

IMPORTANT: Do not allow someone else to do your assignments for you. You are the one
enrolled in the award, not your mentor, tutor, husband/wife/partne
est friend – or an online
tutor service that is paid to complete academic work. Allowing someone else to complete your
assignments – whether for fee or not – is a form of academic dishonesty for which severe
penalties apply. All of these behaviours could amount to ‘cheating’ under the Academic Integrity
Policy – harsh penalties will be applied if an allegation of cheating is proven against you. A proven
allegation of Academic dishonesty or any other type of fraud will impede any future application
for admission to legal practice.
Answered Same Day Aug 06, 2020 LAW10003


Sangeeta answered on Aug 08 2020
117 Votes
The Judgments
In first place, Dunn, J., within the Queensland Supreme Court, quoting the Davis Contractors Case[footnoteRef:1], formed the statement, on the grounds that the agreement had been frustrated through acquisition of the land by the government on 13th November. Moreover, on this day, the land, turning out to be the Crown land, couldn’t be rezoned as well as the documents became, without parties’ default, unsuitable for the new condition. After that, the Council put forward a failed petition to Supreme Court’s Full Court, involving Wanstall, C.J., Douglas along with Sheahan, JJ. Then, it appealed to High Court that once more terminated the petition. Even though, the High Court was basically undisputed in refusing the appeal of council, there was an evident split of outlook working like a foundation for dismissal. Additionally, Gi
s, Mason and Wilson, JJ stated that the Act of Town Planning didn’t bind the Crown explicitly or through required inference, grounded upon their interpretation of ss. 13 as well as 36 of the Acts Interpretation Act, 1954-1977. For that reason, the Crown wasn’t directed through the Town Plan, or rezoning. After determining that the Government intrusion during November extracted the rezoning ineffectual, most of them believed that the Council had been unsuccessful in fulfilling its responsibilities and violated them. In such a situation, the both the parties could be simply discharged from responsibilities under the particular means. It tracked that three among the 5 judges believed that its needless to take into consideration the frustration subject. [1: Supm n. 3]
However, Murphy and Stephen, JJ came to a conclusion that the impact of continuation was to frustrate the agreements included in three documents. As per Stephen, J., with respect to the limitations of the council, council rezoning was not contracted for and it did not made a situation precedent to, supposition of responsibilities of Group Projects as per the deed. The contractual obligation of the council was not to make the suitable application for rezoning for the Minister that it had ca
ied out. Moreover, Murphy, J. comes to a conclusion that the area of frustration is appropriate through a rather diverse reasoning procedure. While Stephen, J. discovers no contract violation since the groups didn’t form agreement for sound rezoning. Moving ahead, Murphy, J. inquiries several claims that rezoning was unproductive. He points towards a difference amid the question if Town Plan could bind the Crown along with the question if Crown land is effective of being zoned. His outlook that even in case if the zoning isn’t enforceable against the Crown, which doesn’t imply that zoning holds no impacts[footnoteRef:2], assisted through his outline of such impacts with respect to parliamentary and public pressures upon the Crown for observing such zoning, directs Murphy, J. towards the judgment that rezoning can prove to be efficient in spite of the land resumption. Further, it is just Stephen, J’s judgment that regards the frustration question at any level. [2: Id. at 30. This is at variance with the view expressed by Wilson, J., that "To speak of Crown land being zoned under a Plan which has the force of law yet in respect of which no legal consequences arise is to speak of an abstraction, a meaningless fiction" (at 32).]
Taking a step ahead, Stephen, J. believed that contract frustration occu
ed due to, actual resumption of the land and not the effect its acquisition had on the rezoning. In saying this, with respect to the drive for which the accountabilities in the agreement were considered. The assessment to be functional was a contrast amid the condition envisaged through the groups when the agreement was formed and the condition tagging along the land resumption. What required being decided was if the modification had solidified the agreement performance a thing fundamentally diverse from that. Moreover, Stephen, J.'s acceptance of an independent viewpoint in deciding the shared purpose for the groups appears as being misjudged. For stating that "the damaging effect of the required acquirement isn’t restricted...

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