Unit Profile Correction added on 07-03-22
This unit is accredited in accordance with CPA Australia and Chartered Accountants Australia and New Zealand (CAANZ). From Term 1 2022 these accrediting authorities now require that 50% of all assessment is invigilated. An invigilated assessment is one where a student is observed by another person when completing the assessment (for example an exam).
In accordance with this requirement Assessment Task 2 (Take Home Paper) will now become an Invigilated Online Test (60%). Assessment Task 1 (Assignment) (40%) will remain unchanged as a 60% Invigilated Online Test will bring the invigilated assessment to 50%.
Further details will be provided in Moodle in Term 1.
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 - 2022
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 Self reflection, consultation among unit coordinators and feedback from management.
Review of the outcome of previous enhancements has led to the conclusion that there are now too many links on the Moodle site.
Reduce the number of web links on the Moodle site.
Feedback from Student feedback, self reflection and review by management.
Students require more support for the assignment.
The unit coordinator should provide more discussion of the assignment requirements in class and in supporting materials.
Feedback from Student feedback
Students who wanted regular quizzes to keep up with the content of the unit were not aware that quizzes existed (as Review Questions) in the Study Guides.
The Unit Coordinator should explain in the introductory lesson the various materials available, especially what is in the Study Guides, so that students can make use of the full range of materials and resources.
- 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
Fifth Edition (2020)
Authors: Nick James
Wiley
Milton Milton , Queensland , Australia
ISBN: 9780730369271
Binding: eBook
Additional Textbook Information
The prescribed textbook can be accessed electronically via the library website. Additional materials will be provided on Moodle for content not covered in the prescribed textbook.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Zoom Capacity (webcam and microphone)
All submissions for this unit must use the referencing style: American Psychological Association 7th Edition (APA 7th edition)
For further information, see the Assessment Tasks.
m.nichol@cqu.edu.au
r.low@cqu.edu.au
Module/Topic
Introduction to law and business law, basic legal concepts
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) Chapter 1 pp. 2-10, Chapter 4
Events and Submissions/Topic
Module/Topic
Categories of law, indigenous law, common law, equity
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) Chapter 1 pp. 11-21, Chapter 2 pp. 35-37, Chapter 3 pp. 75-76, 96-100
Events and Submissions/Topic
Module/Topic
Characteristics of the Australian legal system, federalism, the Constitution, courts, parliaments
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) Chapter 2 , Chapter 3 pp. 64-84
Events and Submissions/Topic
Module/Topic
Litigation, alternative dispute resolution, compliance, enforcement
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) Chapter 3 pp. 84-95, 100-101
Events and Submissions/Topic
Module/Topic
Types of contracts, features and formation of a contract, formation, genuine consent
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) Chapter 7, Chapter 9 pp. 287-299
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Express and implied terms, classification of terms, unenforceable terms, termination, remedies
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) Chapter 8 pp. 254-262, 272-279, Chapter 9 pp. 299-310
Events and Submissions/Topic
Module/Topic
Australian Consumer Law - statutory guarantees, Sale of Goods Acts - implied terms
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) Chapter 8 pp. 262-272, Chapter 9 pp. 298, Chapter 11 pp. 367, 375
Events and Submissions/Topic
Assignment: 11 pm AEST Friday 29 April 2022
Assignment Due: Week 7 Friday (29 Apr 2022) 11:00 pm AEST
Module/Topic
Consumer protection law: misleading or deceptive conduct, unconscionable conduct, unfair contract terms, unfair practices, enforcement, remedies
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) Chapter 11 pp. 344-374
Events and Submissions/Topic
Module/Topic
Privacy law, confidentiality, data security
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) Chapter 11 pp. 377-383
Events and Submissions/Topic
Module/Topic
Overview of torts, tort of negligence
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) Chapter 5 and Chapter 6
Events and Submissions/Topic
Module/Topic
Sole traders, partnerships, joint ventures, trusts, franchises
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) Chapter 15
Events and Submissions/Topic
Module/Topic
Features of corporations, types of corporations, corporate governance, director duties
Chapter
Nick James, Business Law (Wiley, 5th edition, 2020) Chapter 16
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
The assignment involves a problem solving exercise where students must demonstrate research, analytical and writing skills. Students are required to examine a factual scenario and then apply relevant laws to a number of questions.
Week 7 Friday (29 Apr 2022) 11:00 pm AEST
The policy for extensions of time will be strictly enforced. Late submissions without an approved online extension will attract a penalty of 5% of the total available marks per day that is in accordance with the relevant CQU policies.
Week 9 Friday (13 May 2022)
Marks and feedback will be returned to students by Moodle
The assignment will be assessed according to the following criteria:
- Problem solving: students must demonstrate problem solving skills by identifying and applying relevant legal rules and principles.
- Critical thinking: students must demonstrate critical thinking by analysing, applying and evaluating facts and law in a problem solving context.
- Information literacy: students must demonstrate information literacy by identifying, understanding and applying legal rules and principles.
- Writing and presentation: students must submit answers with a clear writing style that uses appropriate grammar and expression. Ideas and arguments must be presented using a logical structure and order.
- Referencing: students must appropriately cite relevant references when using legislation, cases and secondary materials (for example books or journal articles).
A detailed marking rubric will be made available on Moodle.
- 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 consist of a number of legal problem and short answer questions that test your knowledge and understanding of legal principles, legislation and cases. It is an individual assessment task and no collaboration is permitted. It will be released on Moodle. Students will have 24 hours to complete and submit their answers via Moodle.
Late submission of the take-home paper is not permitted. In accordance with section 5.54(d) of the Assessment Policy and Procedure (Higher Education Coursework) late submission of a take-home paper will not be accepted and will result in a mark of zero for the assessment task.
Extensions of time for the take-home paper are not permitted in accordance with section 5.54(d) of Assessment Policy and Procedure (Higher Education Coursework).
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 after certification of grades.
The take home paper will be assessed according to the following criteria:
- Problem solving: students must demonstrate problem solving skills by identifying and applying relevant legal rules and principles.
- Critical thinking: students must demonstrate critical thinking by analysing, applying and evaluating facts and law in a problem solving context.
- Information literacy: students must demonstrate information literacy by identifying, understanding and applying legal rules and principles.
- Writing and presentation: students must submit answers with a clear writing style that uses appropriate grammar and expression. Ideas and arguments must be presented using a logical structure and order.
- Referencing: students must appropriately cite relevant references when using legislation and cases.
A detailed marking rubric will be made available on Moodle.
- 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?
