Assessment 2: Rethinking Contracts Essay

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Assessment Brief

Overview

2025 Question:
Recent developments in technology, including blockchain, AI, and smart contracts, have offered ways to rethink business transactions and agreements. To understand how these technological shifts may transform the future, it is useful to revisit the past.

Drawing on a case, judgment, or doctrine from Contract Law , present a critical argument on how a disruptive technology (covered in weeks 5 and 6) may challenge or develop existing outcomes, decisions, or methodologies.

Requirements:

  • Adherence to AGLC4

  • Inclusion of a reference list

Learning Outcomes

The targeted Course Learning Outcomes (CLOs) for this assessment are:

  • CLO1: Critique and assess the role of enterprises, including technological and social enterprise start-ups, in disrupting business and legal regulation.

  • CLO2: Analyse the legal needs of a start-up enterprise as part of a simulation with an industry partner and integrate industry feedback and the use of design thinking in law to meet those needs.

  • CLO3: Research and apply principles of law to the problems associated with an enterprise.

  • CLO4: Communicate effectively, appropriately, and persuasively for legal and non-legal audiences; and collaborate effectively.

Essay Assessment Criteria

Research (15 pts):

  • Thoroughness of research

  • Quality of synthesis of legal materials and information relevant to the topic

Application (15 pts):

  • Clear and succinct articulation of the issues, applicable law, and legal reasoning

  • Well-structured discussion and presentation of arguments

  • Critical analysis and assessment of disruptive technology and its application to law

Construction (5 pts):

  • Consistent use of legal citation and referencing (following AGLC4)

  • Correct use of legal terminology, grammar, and spelling

Total Points: 35

Assessment Requirements – Summary

The 2025 written assessment focuses on the intersection of Contract Law and emerging technologies such as blockchain, AI, and smart contracts. Students are required to:

  1. Critically analyze how a disruptive technology may challenge or develop existing outcomes, decisions, or methodologies in contract law, drawing on a relevant case, judgment, or doctrine.

  2. Ensure adherence to AGLC4 for citations and referencing, including a complete reference list.

  3. Address the following learning outcomes:

    • CLO1: Critique the role of enterprises and start-ups in disrupting business and legal regulation.

    • CLO2: Analyse legal needs of a start-up and integrate industry feedback using design thinking.

    • CLO3: Apply legal principles to enterprise-related problems.

    • CLO4: Communicate effectively and collaborate with both legal and non-legal audiences.

Assessment criteria include:

  • Research (15 pts): Thoroughness and quality of synthesis of legal materials.

  • Application (15 pts): Clear articulation of issues, law, reasoning, structured arguments, and critical assessment of the technology’s legal impact.

  • Construction (5 pts): Correct AGLC4 referencing, legal terminology, grammar, and spelling.

  • Total Points: 35

Academic Mentor’s Step-by-Step Approach

Step 1: Understanding the Assessment Task

The mentor started by clarifying the scope and expectations of the assessment, emphasizing the focus on a critical argument linking technology with contract law, and the need for proper citation.

Step 2: Selection of Case/Doctrine and Technology

The student was guided to:

  • Choose a relevant case, judgment, or doctrine in contract law.

  • Select a disruptive technology covered in weeks 5 and 6 (blockchain, AI, or smart contracts).

  • Ensure the combination allows for critical discussion of legal challenges and developments.

Step 3: Research and Evidence Collection

The mentor assisted the student in identifying high-quality, peer-reviewed sources and legal commentaries. Focus was placed on:

  • Current literature and cases illustrating the impact of disruptive technology.

  • Integration of theoretical and practical insights from enterprise and legal perspectives.

Step 4: Structuring the Essay

The student was guided to structure the essay logically:

  1. Introduction: Present the technology and the contract law case/doctrine.

  2. Critical Analysis: Evaluate how the technology challenges or develops existing legal outcomes.

  3. Application: Link analysis to enterprise disruption, legal needs, and implications.

  4. Conclusion: Summarize findings and reinforce arguments.

Step 5: Drafting and Application of AGLC4

The mentor ensured that:

  • All references were formatted according to AGLC4.

  • Legal terminology was precise.

  • Grammar and syntax were polished for academic clarity.

Step 6: Review and Refinement

The draft was reviewed for:

  • Critical depth: Ensuring arguments were evidence-based and well-supported.

  • Cohesion: Logical flow between sections.

  • Assessment criteria alignment: Meeting research, application, and construction marks.

Outcome and Learning Objectives Achieved

  • Outcome: The student produced a well-structured, evidence-based essay that critically analyzed the intersection of contract law and disruptive technology. The essay adhered to AGLC4, demonstrated legal reasoning, and applied theoretical and practical insights from enterprise and law.

  • Learning Objectives Covered:

    1. CLO1: Critique of technological disruption in enterprise and legal regulation.

    2. CLO2: Analysis of legal needs and application of design thinking for start-ups.

    3. CLO3: Application of legal principles to complex enterprise problems.

    4. CLO4: Clear, persuasive communication suitable for both legal and non-legal audiences, demonstrating effective collaboration.

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