Overview
This unit will introduce you to the legal system and business law in Australia. On completion of this unit you will gain knowledge of the fundamentals of business law and develop your ability to analyse legal issues in a business context and apply your legal knowledge for informed business decisions. The unit is designed to develop your critical thinking, problem solving and communication skills expected of graduates. Topics include Australian legal system, contract law, consumer law, tort law and business structures.
Details
Pre-requisites or Co-requisites
There are no requisites for this unit.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 1 - 2021
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).
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 Grading
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 Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
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 from Student feedback.
Students commended the recorded master classes and accompanying resources each week.
Unit Coordinator to increase additional resources to support recordings to assist students who wish to attain higher levels of critical analysis in the assessment items and to add further contemporary law in action items.
Feedback from Student feedback.
The assignment and take home advice video sessions were commended.
Unit Coordinator to improve these practices with the assessment items by way of additional relevant resources such as the provision of an appropriate website of a federal regulator and legal guidelines for businesses.
- Describe the Australian legal system including the formal structures, its historical evolution from reception of British Law to Federation, the role of the doctrine of precedent and statutory interpretation
- Explain and apply basic principles of contract, consumer and tort law in a business context
- Identify and explain different business structures and liability to business owners and other stakeholders
- Communicate business advice/solutions and business risk management in legal issues commonly encountered within business situations, with justification from case law and legislation.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Written Assessment - 40% | ||||
| 2 - Take Home Exam - 60% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| 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 | ||||
| 9 - Social Innovation | ||||
| 10 - Aboriginal and Torres Strait Islander Cultures | ||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 40% | ||||||||||
| 2 - Take Home Exam - 60% | ||||||||||
Textbooks
Business Law
Edition: 5th (2020)
Authors: Nick James
Wiley
Milton Milton , Queensland , Australia
ISBN: 9780730369271
Binding: Paperback
Additional Textbook Information
The textbook is available in either an online e-text form (which is much cheaper) or hard copy form (which includes an access code for the e-text), which is available at the CQUni Bookshop here: http://bookshop.cqu.edu.au
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing styles below:
- Australian Guide to Legal Citation, 4th ed
- American Psychological Association 7th Edition (APA 7th edition)
For further information, see the Assessment Tasks.
p.robinson1@cqu.edu.au
Module/Topic
Foundations: Business and the Law
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) ch 1
Events and Submissions/Topic
Module/Topic
Foundations: The Australian legal and court systems and ADR
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) chs 2 and 3
Events and Submissions/Topic
Module/Topic
Foundations: How to find, understand and use the law
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) ch 4
Events and Submissions/Topic
Module/Topic
Contract Law: Formation of business contracts
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) ch 7
Events and Submissions/Topic
Module/Topic
Contract Law: Terms of business contracts
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) ch 8
Events and Submissions/Topic
Module/Topic
Revision and assignment preparation.
Chapter
Events and Submissions/Topic
Module/Topic
Contract Law: Enforcement of business contracts
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) ch 9
Events and Submissions/Topic
Module/Topic
Contract Law: Dealing with consumers and the Australian Consumer Law
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) ch 11
Events and Submissions/Topic
Module/Topic
Contract Law: Analysing business contracts and review of contracts
Chapter
See readings from weeks 4-7
Events and Submissions/Topic
Module/Topic
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) chs 5 and 6
Events and Submissions/Topic
Module/Topic
Managing a business: Business start-up
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) ch 14
Events and Submissions/Topic
Module/Topic
Managing a business: Business ownership structures and an introduction to companies
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) chs 15 and 16.1
Events and Submissions/Topic
Module/Topic
Managing a business: Insurance, taxes and employing workers
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) chs 18 and 19
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Part A: Case Analysis
You will be required to read a case and answer a number of questions relating to it. Most of the answers can be drawn from the case but you may also need to do further research or refer to lecture materials in your assessment.
Part B: Legal problem questions
You will be required to identify the legal issue(s), demonstrate your understanding of introductory contract and/or consumer law concepts, and support your arguments with legal principles, statutes and cases.
This assessment allows for a resubmitted attempt in certain circumstances. If you have achieved between 40–49% of the total marks for this assessment item, you may request the Unit Coordinator for this unit to allow you to make a resubmission. You must make this request in writing via email within three calendar days of receiving your marks and feedback for this assessment.
The Unit Coordinator has the sole discretion for allowing a re-submission attempt. If the Unit Coordinator allows a resubmission attempt, the decision will be conveyed to you in writing via email to your student email address. The notice will include instructions for you on:
· What has to be done by you
· When and how you must resubmit (no more than seven calendar days from the decision being emailed to you will be allowed).
Your resubmission will result in no more than 50% of the allowed marks for this assessment item being awarded in total. That is, if you are allowed a resubmission, you can achieve no more than 50% for this assessment item, regardless of how well you perform in your resubmission.
No extensions will be allowed for your resubmission.
Week 7 Thursday (29 Apr 2021) 11:45 pm AEST
The policy for extensions of time will be strictly enforced. Late submissions will attract a penalty of 2 marks per day (or part of a day). Extension applications must be made through Moodle and supported by evidence.
Week 10 Monday (17 May 2021)
The objective of Part A Case Analysis is to present an authentic case for you to analyse, understand the legal issues and arguments from both parties and recognise how those issues impact real life situations. You will be assessed against the following criteria for Part A:
- Accuracy of understanding of facts
- Relevance of responses to questions asked
- Application of legal knowledge gained from the case
- Critical thinking aimed at applying the law to real life situations
The objective of Part B Legal Problem Questions is to develop your ability to apply contractual and/or consumer law principles to hypothetical situations to make an informed analysis and to resolve legal issues with the support from cases and statutes. You will be assessed against the following criteria for Part B:
- Identification of the legal issues
- Identification of legal rules and support from case law and statutes
- Identification of material relevant facts
- Cogency of arguments for and against both parties
- Demonstration of a reasoned conclusion
- Describe the Australian legal system including the formal structures, its historical evolution from reception of British Law to Federation, the role of the doctrine of precedent and statutory interpretation
- Explain and apply basic principles of contract, consumer and tort law in a business context
- Identify and explain different business structures and liability to business owners and other stakeholders
- Communicate business advice/solutions and business risk management in legal issues commonly encountered within business situations, with justification from case law and legislation.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Team Work
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
2 Take Home Exam
The take-home paper will be released on Moodle. It must be completed and submitted within 24 hours in one MS Word document via the relevant upload link on Moodle. The task will require you to identify legal issues, explain legislation and case law and apply the law to the facts to support your arguments.
The paper will be comprised of two parts - Part A and Part B. Part A will be worth 20 marks and will be comprised of short-answer questions testing your knowledge of the unit. Part B will be worth 40 marks and will be comprised of longer questions of a problem or essay type.
The release date for the take-home paper will be set by the School and will be during the examination period. You will be informed of the date during the term.
Marks for the take-home paper will be released on certification of grades.
The criteria for assessment of your attempt at the take-home paper will be:-
1. Knowledge and understanding of the law;
2. Understanding of the issues raised by the facts or by the problem scenario;
3. Application of the law to the facts;
4. Professional presentation of your work.
- Describe the Australian legal system including the formal structures, its historical evolution from reception of British Law to Federation, the role of the doctrine of precedent and statutory interpretation
- Explain and apply basic principles of contract, consumer and tort law in a business context
- Identify and explain different business structures and liability to business owners and other stakeholders
- Communicate business advice/solutions and business risk management in legal issues commonly encountered within business situations, with justification from case law and legislation.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
