Authentic assessment in contract law: legal drafting

Article


McNamara, Noeleen. 2017. "Authentic assessment in contract law: legal drafting." The Law Teacher. 51 (4), pp. 486-498. https://doi.org/10.1080/03069400.2016.1211853
Article Title

Authentic assessment in contract law: legal drafting

ERA Journal ID35382
Article CategoryArticle
Authors
AuthorMcNamara, Noeleen
Journal TitleThe Law Teacher
Journal Citation51 (4), pp. 486-498
Number of Pages13
Year2017
Place of PublicationUnited Kingdom
ISSN0306-9400
1943-0353
Digital Object Identifier (DOI)https://doi.org/10.1080/03069400.2016.1211853
Web Address (URL)https://www.tandfonline.com/doi/abs/10.1080/03069400.2016.1211853
Abstract

Legal drafting is a vital skill for lawyers and thus it is important for law students to be exposed to drafting throughout their degree. One of the first year courses most suited to this exercise is contract law. This papers discusses the inclusion of a drafting exercise as part of the contract law assessment over four years in terms of the authenticity of the assessment task and feedback from students about the exercise. A sample exercise is included in the paper. These exercises required students to draft clauses to be inserted into a contract or draft a short contract and this work demonstrated an application of the material being covered in class. Initially, this assessment was set as a largely independent exercise with students being directed to relevant resources. It was found that additional scaffolding was needed and each year more extensive resources were provided. Although the students who participated in the survey were predominantly students who had passed the course, the majority each year believed that it was a useful exercise, of value for their future careers and of more practical relevance than other forms of assessment.

Keywordsauthentic assessment; legal drafting; contract law
ANZSRC Field of Research 2020390303. Higher education
480699. Private law and civil obligations not elsewhere classified
Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
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