LAWS20058 - Australian Commercial Law
Term 1 - 2017


All details in this unit profile for LAWS20058 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 will provide you with an introduction to the law of contract and commercial law as they operate within the parameters of Australia's common law based legal system. Topics include the origins of Australia's present legal system and the current legal environment in which contract and commercial law operate to regulate commercial transacting between firms as well as individuals using concepts, doctrines, principles, legislation and case law. It explains the key functions and processes of the legal system. A particular study is made of the nature, terms, validity, operation and discharge of contracts, the process of litigation and alternate dispute resolution methods of corporate and non-corporate business structures. Commercial Law topics studied include Agency, the Sale of Goods, Australian Consumer Law, Real and Personal Property, Torts, Securities and Bankruptcy. If you have successfully completed the unit LAWS20028 you should not enrol in this unit.

Details

Career Level Postgraduate
Credit Points 6
Student Contribution Band [not found]
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
  • Brisbane
  • Distance
  • Melbourne
  • Sydney

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 Postgraduate 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 40%
2. Examination 60%

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
More understanding on Assessment requirements. Student evaluation from Moodle The assessment requirements will be discussed every week until the due date in News Forum.
On successful completion of this unit, you will be able to:
  1. delineate the structure, institutions, key functions and processes of the Australian legal system in which contracts and commercial transactions are devised and undertaken
  2. demonstrate a sound comprehension of the main concepts, doctrines, principles, legislation and case law in the contract and commercial law topics covered
  3. recognise the types of legal problems likely to be contained in commonly encountered business transactions
  4. employ legal skills and critical reasoning to identify and analyse the variable and discrete configuration of obligations, rights and remedies attaching to parties across a range of contracts and business transactions
  5. make informed judgements as to the likely legal outcomes of standard types of business transactions, coupled with the potential for managing them in a proactive, risk-avoiding and value maximising manner

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5
1 - Written Assessment
2 - Examination

Alignment of Graduate Attributes to Learning Outcomes

  • Professional Level
  • Advanced Level
Graduate Attributes Learning Outcomes
1 2 3 4 5
1. Knowledge
2. Communication    
3. Cognitive, technical and creative skills  
4. Research      
5. Self-management          
6. Ethical and Professional Responsibility          
7. Leadership          

Alignment of Assessment Tasks to Graduate Attributes

  • Professional Level
  • Advanced Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7
1 - Written Assessment      
2 - Examination          

Prescribed Textbooks

Australian Commercial Law
Author/s: Turner, C & Trone, J Year: 2016
Edition: 31st ed Publisher: Thomson Reuters(Professional) Aust Ltd
City: Pyrmont State: NSW
Country: Australia
View textbooks at the CQUniversity Bookshop

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
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 CoordinatorPeter Robinson (p.robinson1@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

The nature of law and the Australian legal system

Prescribed readings

Week 2 13-03-2017

Judge-made law, statute and application of law to facts

Prescribed readings

Week 3 20-03-2017

Introduction to contracts and estoppel

Prescribed readings

Week 4 27-03-2017

Contractual rights and obligations

Prescribed readings


Week 5 03-04-2017

Discharge and breach of contract

Prescribed readings

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

Unenforceable contracts and misleading conduct

Prescribed readings

Week 7 24-04-2017

Statutory provisions affecting contractual terms

Prescribed readings

Week 8 01-05-2017

Property Law

Prescribed readings

Assignment Due Thursday (04 May 17) 11:45 PM AEST
Week 9 08-05-2017

Common types of contract

Prescribed readings

Week 10 15-05-2017

Law of Torts

Prescribed readings

Week 11 22-05-2017

Contractual capacity, debt collection and bankruptcy

Prescribed readings

Week 12 29-05-2017

Exam preparation

All relevant readings

Review/Exam Week 05-06-2017
Exam Week 12-06-2017

1 Written Assessment

Assessment Title Assignment
Task Description

The assignment is an individual skills-based task, designed to provide practice in research and providing business advice on real-life issues. The detail is too long to include here, but will be available on the unit Moodle website early in the term.

Assessment Due Date Week 8 Thursday (04-May-2017) 11:45 PM AEST
Return Date to Students Week 11 Monday (22-May-2017)
Weighting 40%
Assessment Criteria

The term assignment will use the following assessment criteria:

Problem solving. The focus of many parts of the assignment is upon developing applied problem solving skills. This requires students to read and analyze a fact scenario matrix and identify legal issues and apply these in conjunction with case law and or provisions of legislation to develop a reasoned outcome to the issues presented by the problem matrix.

Critical thinking. Students are required to critically analyze and evaluate information, facts and law in a problem solving context. The skills being emphasized involve the critical appraisal and reflection of legal issues and the application of case law and legislation against a factual matrix.

Information literacy. The assignment tests understanding and comprehension of critical legal knowledge and legal concepts discussed in the unit in topics covered prior to submission of the assignment. Students need to develop understanding and familiarity with legal terms and words introduced in topics covered prior to submission of the assignment. This information understanding and literacy is tested in an applied rather than a descriptive context.

Information technology competence. This assignment tests students' aptitude and capability to access web-based information and resources. Competence in producing academic written work with use of technology forms part of this assignment exercise.

Ethical practice. In formulating responses to questions in the assignment, students are exercising judgement and weighing possible courses of action in resolving on particular outcomes to legal problem solving questions. This process indirectly applies ethical practice in action.

Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

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

1. delineate the structure, institutions, key functions and processes of the Australian legal system in which contracts and commercial transactions are devised and undertaken

2. demonstrate a sound comprehension of the main concepts, doctrines, principles, legislation and case law in the contract and commercial law topics covered

3. recognise the types of legal problems likely to be contained in commonly encountered business transactions

4. employ legal skills and critical reasoning to identify and analyse the variable and discrete configuration of obligations, rights and remedies attaching to parties across a range of contracts and business transactions

5. make informed judgements as to the likely legal outcomes of standard types of business transactions, coupled with the potential for managing them in a proactive, risk-avoiding and value maximising manner

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

1. Knowledge

2. Communication

3. Cognitive, technical and creative skills

4. Research



Examination

Outline Complete an examination
Date During the University examination period
Weighting 60%
Length 180 minutes
Details Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
No Calculators Permitted
Open Book
Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. delineate the structure, institutions, key functions and processes of the Australian legal system in which contracts and commercial transactions are devised and undertaken

2. demonstrate a sound comprehension of the main concepts, doctrines, principles, legislation and case law in the contract and commercial law topics covered

3. recognise the types of legal problems likely to be contained in commonly encountered business transactions

4. employ legal skills and critical reasoning to identify and analyse the variable and discrete configuration of obligations, rights and remedies attaching to parties across a range of contracts and business transactions

5. make informed judgements as to the likely legal outcomes of standard types of business transactions, coupled with the potential for managing them in a proactive, risk-avoiding and value maximising manner

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

1. Knowledge

3. Cognitive, technical and creative skills


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