LAWS13015 - Principles of Commercial Law
Term 1 - 2017


All details in this unit profile for LAWS13015 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student). The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.

Overview

This unit builds upon knowledge acquired in Contracts A and Contracts B and applies the statutory framework applicable to commercial and consumer contracts particularly the Sale of Goods Acts of the Australian States and Territories and relevant provisions of the Australian Consumer Law. Commercial law is essentially concerned with personal property and therefore may also include an examination of agency; intellectual property; bailment; consumer credit; and insurance.

Details

Career Level Undergraduate
Unit Level Level 3
Credit Points 6
Student Contribution Band 3
Fraction of Full-Time Student Load 0.125

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Offerings

Term 1 - 2017
  • Distance

Website

This unit has a website, within the Moodle system, which is available two weeks before the start of term. It is important that you visit your Moodle site throughout the term. Go to Moodle

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Assessment Overview

Assessment Task Weighting
1. Written Assessment 60%
2. Written Assessment 40%

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Procedures for more details of interim results and final grades.

All University policies are available on the IMPortal.

You may wish to view these policies:

  • Grades and Results Procedure
  • Assessment Policy and Procedure (Higher Education Coursework)
  • Review of Grade Procedure
  • Academic Misconduct Procedure
  • Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
  • Monitoring Academic Progress (MAP) Policy and Procedure – International Students
  • Refund and Excess Payments (Credit Balances) Policy and Procedure
  • Student Feedback – Compliments and Complaints Policy and Procedure
  • Acceptable Use of Information and Communications Technology Facilities and Devices Policy and Procedure

This list is not an exhaustive list of all University policies. The full list of University policies are available on the IMPortal.

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback Source Recommendation
Not all students grasped the diagnostic approach (see section 8) CC observation Perhaps the Notes and other material for students at the outset of the course could be more explicit.
Podcasts need to be replaced by updated video lectures. CC observation and some student comment. New video lectures for 2017.
in future years weekend time should be included in the assessment period. Some students. This is a good idea and is easily remedied when fixing dates next year.
On successful completion of this unit, you will be able to:
  1. Comprehend and apply the fundamental concepts of domestic and international commercial law.
  2. Demonstrate proficient legal research skills to accurately identify issues and compose solutions in respect of commercial law problems.
  3. Critically evaluate case law and legislation in constructing coherent, logical and creative answers to commercial law problems, including identifying obligations, rights and remedies.

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3
1 - Written Assessment
2 - Written Assessment

Alignment of Graduate Attributes to Learning Outcomes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Graduate Attributes Learning Outcomes
1 2 3
1. Communication    
2. Problem Solving
3. Critical Thinking
4. Information Literacy
5. Team Work      
6. Information Technology Competence    
7. Cross Cultural Competence    
8. Ethical practice      

Alignment of Assessment Tasks to Graduate Attributes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8
1 - Written Assessment          
2 - Written Assessment          

Prescribed Textbooks

Australian Commercial Law
Author/s: Clive Turner and John Trone Year: 2017
Edition: 31st Edition Publisher: Thomson Reuters
City: Sydney State: New South Wales
Country: Australia
View textbooks at the CQUniversity Bookshop

Other Resources

These are not compulsory, but may assist you:
Australian Commercial Law
Author/s: Dilan Thampapillai and others Year: 2015
Edition: First Publisher: Cambridge University Press
City: Melbourne State: Victoria
Country: Australia
Other resources may be available at CQUniversity Library. Note:

Turner and Trone is an essential text book and you will need to purchase the new edition. The Study Guides will reference the 31st edition. In Commercial Law there are frequent changes and it is important to be as up to date as possible. Therefore, do not be tempted to purchase a second hand copy of a previous edition. The up side is the prospect of selling your copy to the 2018 cohort.

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Zoom
All submissions for this unit must use the Australian Guide to Legal Citation, 3rd ed referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorChristopher Walshaw (c.walshaw@cqu.edu.au)
Note: Check the Term-Specific section for any additional contact information provided by the teaching team
Week Begin Date Module/Topic Chapter Events and Submissions
Week 1 06-03-2017

Bailment

Turner Ch 21

Week 2 13-03-2017

Sale of Goods and International Sales Contracts

Turner Chs14, 15

Week 3 20-03-2017

Consumer Protection

Turner Ch 17

Week 4 27-03-2017

Restrictive Trade Practices

Turner Ch 18

Week 5 03-04-2017

Electronic Commerce and Negotiable Instruments

Turner Chs 16, 23 and 24

Vacation Week 10-04-2017
Week 6 17-04-2017

Agency

Turner Ch 13

Written Assessment Due Friday (21 Apr 17) 10:00 PM AEST
Week 7 24-04-2017

Credit Law

Turner Ch 19

Week 8 01-05-2017

Specific Protections

Turner Chs19 (part), 20 and 31

Week 9 08-05-2017

Insurance

Turner Ch 25

Week 10 15-05-2017

Intellectual Property

Turner Ch 30

Week 11 22-05-2017

Business Organisations

Turner Ch 26

Week 12 29-05-2017

Superannuation

Websites as appear in Notes.

Written Assessment Due Friday (02 Jun 17) 10:00 PM AEST
Review/Exam Week 05-06-2017
Exam Week 12-06-2017

1 Written Assessment

Assessment Title Written Assessment
Task Description

Assessment One

Assessment One is designed to test your understanding of commercial law concepts relevant to Weeks 1 to 5 (inclusive). Immediately following Week 5 topics for two essays will be posted, due at the end of Week 6. The maximum word count is 900 words for each essay, excluding references. You submit both essays in one document in PDF format to Moodle. Assessment criteria and marking rubric appear below. The rubric applies to each of the two essays, so each out of 30%.

Posted 10 April 2017 at 11.00 (AEST).

Due date 21 April 2017 at 22.00 (AEST).

Return date 12 May 2017.

Weighting of 60% for the course.

Assessment Due Date Week 6 Friday (21-Apr-2017) 10:00 PM AEST
Your final version must be submitted as a single PDF using ‘e-Submission’.
Return Date to Students Week 9 Friday (12-May-2017)
Via Moodle
Weighting 60%
Assessment Criteria

1. Demonstrate a sound understanding of commercial law concepts relevant to Weeks 1 to 5 (inclusive).

2. Demonstrate an ability to identify and address the particular matters raised in the set Topic.

3. Apply appropriate and professional written language skills.

4. Demonstrate analytical, problem solving and critical thinking skills.

Rubric for marking

The rubrics apply to each one of the two essays, independently of the other one. Hence out of 30.

The benchmark for each criterion includes each of the benchmark levels before it, for example to achieve a distinction you also need to meet the criteria for a credit and pass.

Students must achieve ALL the minimum benchmark criteria at a particular grade level to be awarded an overall final grade at that level. Marks are not divided among each individual criterion, but are benchmarked to minimum standards.

Pass 15 - 19

Identified a theme relevant to the essay topic and addressed that theme with reference to at least one of the commercial law concepts. Basic understanding and confidence. Limited written language skills. Limited research.

Credit 20 - 22

Good presentation and moderate written language skills. Moderate research. Moderate development of the theme indicated by the essay Topic. Demonstrates some understanding of, and confidence with, the commercial law materials.

Distinction 23 - 25

Superior presentation and written language skills. Good and interesting development of a theme relevant to the essay topic. Demonstrates good understanding of, and confidence with, the commercial law materials. Demonstrates analytical skills and critical thinking. Demonstrates a willingness and ability to form and express an independent point of view, supported by relevant materials and research.

High Distinction 26 - 30

Exemplary standard of presentation and written language skills comparable to publishable articles and judgments referred to in the course. Superior understanding, confidence, analytical skills and critical thinking. Demonstrates clearly an ability to think independently. Superior research, supported by relevant materials.

Conditions Minimum mark or grade - 60%
Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Submit a single PDF document containing your answer.

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Comprehend and apply the fundamental concepts of domestic and international commercial law.

2. Demonstrate proficient legal research skills to accurately identify issues and compose solutions in respect of commercial law problems.

3. Critically evaluate case law and legislation in constructing coherent, logical and creative answers to commercial law problems, including identifying obligations, rights and remedies.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

6. Information Technology Competence



2 Written Assessment

Assessment Title Written Assessment
Task Description

Assessment Two

Assessment Two is designed to test your understanding of commercial law concepts and your ability to solve commercial law problems relevant to Weeks 6 to 11 (inclusive). Immediately following Week 11 a document will be posted, containing two compulsory problem questions.

Each of the two questions has a weighting of 20%, hence 40% total for the course. The maximum word count for each answer is 700 words, excluding references. You submit one document in PDF format to Moodle by due date. Assessment criteria and marking rubric appear below.

Posted 27 May 2017 at 11.00 (AEST).

Due date 2 June 2017 at 22.00 (AEST).

Return date 17 June 2017.

Weighting of 40% for the course.

Assessment Due Date Week 12 Friday (02-Jun-2017) 10:00 PM AEST
Your final version must be submitted as a single PDF using ‘e-Submission’.
Return Date to Students Exam Week Friday (16-Jun-2017)
Via Moodle
Weighting 40%
Assessment Criteria

1. Demonstrate an ability to identify commercial law issues.

2. Demonstrate analytical, problem solving and critical thinking skills.

3. Demonstrate an ability to engage in relevant research.

4. Apply appropriate and professional written language skills.

Rubric for marking

The rubrics apply to each one of the two questions, independently of the other one. Hence out of 20.

The benchmark for each criterion includes each of the benchmark levels before it, for example to achieve a distinction you also need to meet the criteria for a credit and pass.

Students must achieve ALL the minimum benchmark criteria at a particular grade level to be awarded an overall final grade at that level. Marks are not divided among each individual criterion, but are benchmarked to minimum standards.

Pass 10 - 12

Identified at least one of the relevant issues and addressed that issue with reference to relevant commercial law. Basic understanding. Limited written language skills. Limited research.

Credit 13 - 14

Identified most of the relevant issues and addressed those issues with reference to relevant commercial law. Good presentation and moderate written language skills. Moderate research. Demonstrates some understanding of and confidence with the commercial law materials.

Distinction 15 - 16

Identified all of the relevant issues and addressed those issues with reference to relevant commercial law. Superior presentation and written language skills. Good, interesting and relevant research. Demonstrates good understanding of and confidence with the commercial law materials. Demonstrates analytical skills and critical thinking. Demonstrated an ability to form and express a sound legal opinion, supported by relevant materials.

High Distinction 17 - 20

Very high standard of presentation and written language skills comparable to publishable articles and judgments referred to in the course. Superior understanding, confidence, analytical skills and critical thinking. Demonstrates clearly an ability to think independently. Superior research, supported by relevant materials.

Conditions Minimum mark or grade - 40%
Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Via Moodle

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Comprehend and apply the fundamental concepts of domestic and international commercial law.

2. Demonstrate proficient legal research skills to accurately identify issues and compose solutions in respect of commercial law problems.

3. Critically evaluate case law and legislation in constructing coherent, logical and creative answers to commercial law problems, including identifying obligations, rights and remedies.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking




© 2017 CQUniversity
Page generated by apps-prod-02.cqu.edu.au at Sat Mar 25 19:40:28 AEST 2017