LAWS19031 - Commercial Law
Term 1 - 2017


All details in this unit profile for LAWS19031 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

A study of commercial law including an examination of the different types of property and ownership. There is a study of the contract of sale and other consumer transactions with particular reference to relevant legislation. Other topics covered include agency, bailment, cheques, insurance, securities, and bankruptcy. STUDENTS WHO HAVE PREVIOUSLY COMPLETED LAWS11054 COMMERCIAL LAW CANNOT ENROLL IN THIS UNIT.

Details

Career Level Undergraduate
Unit Level Level 2
Credit Points 6
Student Contribution Band 3
Fraction of Full-Time Student Load 0.125

Pre-requisites or Co-requisites

Prerequisite: LAWS 11030

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 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 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
Course content. The Sale of Goods topic should be covered in one week rather than over two weeks. More time should be spending on more important areas such as ACL or a new topic. Peer feedback Sales of Goods should be covered in one week instead of two weeks.
On successful completion of this unit, you will be able to:
  1. demonstrate an understanding of the commercial law concepts in the topics covered
  2. locate, understand and interpret relevant provisions of the legislation considered in the unit
  3. identify the obligations, rights and remedies available to parties in commercial transactions
  4. make an informed decision as to the likely outcome of a commercial fact situation based on appropriate information.

Alignment of Assessment Tasks to Learning Outcomes

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

Alignment of Graduate Attributes to Learning Outcomes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4
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 - Examination        

Prescribed Textbooks

Australian Commercial Law
Author/s: Turner, C & Trone, J Year: 2015
Edition: 30th edn Publisher: Thomson Reuters
City: Pyrmont State: NSW
Country: Australia
View textbooks at the CQUniversity Bookshop
Note:

Australian Commercial Law - Students may have purchased the Turner & Trone book in the previous course LAWS 11030. Students may also have Davenport et al Business and Law in Australia this will be useful but it is not a compulsory text.

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), OR American Psychological Association (APA) referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorDominic Lococo - lococod (d.lococo@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

Property, Possession and ownership

Chapter 22

Week 2 13-03-2017 Bailment and Liens Chapter 21
Week 3 20-03-2017 Sale of Goods Chapter 14
Week 4 27-03-2017 Consumer Protection and the Australian Consumer Law - 1 Chapter 14
Week 5 03-04-2017 Consumer Protection - the Australian Consumer Law - 2 Chapter 17
Vacation Week 10-04-2017
Week 6 17-04-2017

Intellectual Property

Chapter 30

Week 7 24-04-2017

Consumer Credit and Securities

Chapter 19

Week 8 01-05-2017

Bankruptcy and Debt Collection

Chapter 31

Written Assessment Due Thursday (04 May 17) 05:00 PM AEST
Week 9 08-05-2017

Agency

Chapter 13

Week 10 15-05-2017

Insurance

Chapter 25

Week 11 22-05-2017

Business Ethics

Chapter 33

Week 12 29-05-2017

Course Review

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

1 Written Assessment

Assessment Title Written Assessment
Task Description

This written assessment comprises of a number of problem based questions set in hypothetical factual situations. You are to provide the likely outcomes for the parties concerned, including their rights, obligations and remedies by identifying all the relevant legal issues and applying legal principles to this set of hypothetical scenarios. In doing this written assessment, you are to locate and interpret relevant cases and provisions of the legislation covered in the course to demonstrate an understanding of the commercial law concepts in this course.

The written assessment is designed to test students’ skill set in the following areas:

Problem solving: The focus of many parts of the assessment is upon developing applied problem solving skills. This requires students to read and analyse fact scenario matrix, identify legal issues and apply case law and or provisions of legislation to develop a reasoned outcome to the issue presented by the problem matrix.

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

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

Information technology competence: Competence in producing academic written work with use of technology forms part of this assessment exercise.

Ethical practice: In formulating response to questions in the assessment 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.

Assessment Due Date Week 8 Thursday (04-May-2017) 05:00 PM AEST
Return Date to Students Week 10 Friday (19-May-2017)
Weighting 40%
Assessment Criteria

High distinction standard

- the answer is very well written and clearly expressed

- there is a demonstrated appreciation and understanding of the issues involved

- the answer is well structured and logically organised

- demonstrated mastery of referencing system

- there is evidence of a comprehensive analysis of the issues

- conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues

- comprehensive coverage of all relevant issues

- references are made to the appropriate legislation for particular issues

- statutory provisions are analysed and interpreted correctly

- the legislation is applied to the particular fact situation in a competent manner

- consideration is given to the operation of the common law

Distinction standard

- the answer is well written and expressed

- the answer is structured and logical

- the issues have been reasonably well identified and appreciated

- there is correct use of referencing

- issues have been analysed

- reference is made to all appropriate legislation, although the analysis and interpretation is not as detailed and reasoned as for the high distinction standard

- the effect of the common law is considered

- there is a comprehensive coverage of the issues

- occasional errors of law and legal reasoning may still be present.

Credit standard

- the answer is generally well written and expressed

- the answer is structured and sequential

- referencing is satisfactory

- issues are identified and addressed

- there has been an attempt to analyse some of the issues

- the coverage of issues is reasonably comprehensive often with a good treatment and analysis of particular points

- errors of law and incorrect reasoning may sometimes be present

- statutory interpretation may require improvement

- depth of treatment is often lacking in some of the issues.

Pass standard

- the answer is able to be followed and understood

- the answer could perhaps be better organised and structured

- the referencing may need improvement

- issues may need to be identified and addressed in more depth

- analysis when present may be incorrect

- some familiarity with the legislation and its application is demonstrated

- sometimes the conclusions reached are simple

- there may be several errors of law

- there may be quantities of material of marginal relevance included in the answer.

Fail standard

- the answer may be significantly short of the required length

- the written expression is poor and difficult to understand

- the answer is poorly organised

- there has been a failure to identify and address the issues in the question

- referencing is generally inadequate

- there is a lack of familiarity with the legislation and its appropriate application

- the reasoning and application demonstrated is poor

- frequently there is much irrelevant material.

Referencing Style Australian Guide to Legal Citation, 3rd ed or American Psychological Association (APA)
Submission Online

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

1. demonstrate an understanding of the commercial law concepts in the topics covered

2. locate, understand and interpret relevant provisions of the legislation considered in the unit

3. identify the obligations, rights and remedies available to parties in commercial transactions

4. make an informed decision as to the likely outcome of a commercial fact situation based on appropriate information.

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



Examination

Outline Complete an examination
Date During the University examination period
Weighting 60%
Length 180 minutes
Details Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
No Calculators Permitted
Open Book
Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. demonstrate an understanding of the commercial law concepts in the topics covered

2. locate, understand and interpret relevant provisions of the legislation considered in the unit

3. identify the obligations, rights and remedies available to parties in commercial transactions

4. make an informed decision as to the likely outcome of a commercial fact situation based on appropriate information.

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

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy


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