Overview
This elective unit builds upon knowledge acquired in LAWS11061 Contracts A and LAWS11062 Contracts B. Topics have been selected that are relevant first to the nature of specific legal relationships. These are bailments, sale of goods, business organisations and agency. Secondly topics have been selected that are relevant to the application of commercial rules. These are rules, mainly statutory, found in consumer protection, restrictive trade practices, credit law, electronic commerce and guarantees. Commercial law in legal practice essentially is about finding the correct solution to a specific legal problem. Currently and in the future this requires correct diagnosis and the primary purpose of this unit is to teach you the process of diagnosis, using the topics as common examples.
Details
Pre-requisites or Co-requisites
Pre requisites: LAWS11057, LAWS11059, LAWS11060, LAWS11061, LAWS11062, LAWS11063, LAWS11064.
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 - 2019
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.
Appreciation of the diagnostic approach.
Continue
Feedback from Student feedback
Appreciation of the sharing of answers (reports) and class discussions about the assessments.
Continue
Feedback from Student feedback and UC
More information could be given about the nature of and criteria for the group discussions.
To be actioned via the Syllabus, Moodle and in tutorials.
Feedback from UC
Should be made clear that feedback is available only in the group discussions, subject to a request by a student for an individual zoom meeting with the UC.
To be actioned via the Syllabus, Moodle and in tutorials.
- Comprehend, identify and apply the fundamental concepts of domestic commercial law
- Demonstrate skills in ascertaining facts
- Demonstrate proficient legal research skills to accurately identify issues and compose solutions in respect of commercial law problems
- Critically evaluate case law and legislation in constructing coherent, logical and creative answers to commercial law problems, including identifying legal relationships, obligations, rights and remedies.
N/A
Alignment of Assessment Tasks to Learning Outcomes
Assessment Tasks | Learning Outcomes | |||
---|---|---|---|---|
1 | 2 | 3 | 4 | |
1 - Practical Assessment - 50% | ||||
2 - Practical Assessment - 50% |
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 - Practical Assessment - 50% | ||||||||||
2 - Practical Assessment - 50% |
Textbooks
Australian Commercial Law
Edition: First (2015)
Authors: Dilan Thampapillai and others
Cambridge University Press
Melbourne Melbourne , Victoria , Australia
Binding: Paperback
Additional Textbook Information
There should now be second hand copies of this text book.
Brand new copies can be purchased from the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Students who elect to enrol in this elective unit must have access to good quality internet and Zoom.
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
c.walshaw@cqu.edu.au
Module/Topic
- Diagnosis of the legal relationship
Chapter
The references set out progressively in the Study Guide for Week 1
Events and Submissions/Topic
Module/Topic
Bailment
Chapter
Dilan Thampapillai and others, Australian Commercial Law (2015) Ch 6
Study Guide for Week 2
Events and Submissions/Topic
Module/Topic
Sale of Goods
Chapter
Dilan Thampapillai and others, Australian Commercial Law (2015) Chs 2, 3 and 4
Study Guide for Week 3
Events and Submissions/Topic
Module/Topic
Business Organisations
Chapter
Study Guide for Week 4
Events and Submissions/Topic
Module/Topic
Agency
Chapter
Dilan Thampapillai and others, Australian Commercial Law (2015) Ch 5
Study Guide for Week 5
Events and Submissions/Topic
Module/Topic
Assessment One Reports
Chapter
Events and Submissions/Topic
Module/Topic
Assessment One Discussions
Chapter
Events and Submissions/Topic
Assessment One
Module/Topic
Diagnosis of the application of a commercial rule
Chapter
The references set out progressively in the Study Guide for Week 7
Events and Submissions/Topic
Module/Topic
Consumer Protection
Chapter
Dilan Thampapillai and others, Australian Commercial Law (2015) Chs 11, 12, 13, 14, 15 and 16
Study Guide for Week 8
Events and Submissions/Topic
Module/Topic
Competition Law
Chapter
Events and Submissions/Topic
Module/Topic
Credit Law and Guarantees
Chapter
Dilan Thampapillai and others, Australian Commercial Law (2015) Chs 7 and 8
Study Guide for Week 10
Events and Submissions/Topic
Module/Topic
Electronic Commerce and Assessment Two Reports
Chapter
Study Guide for Week 11
Events and Submissions/Topic
Module/Topic
Assessment Two Discussions
Chapter
Events and Submissions/Topic
Assessment Two
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Practical Assessment
Assessment One is designed to test your understanding of diagnosis of the legal relationship in the context of the commercial law concepts relevant to Weeks 1 to 5 (inclusive). At the end of Week 5 two problems for discussion during Assessment Week 6 will be posted. Each student will prepare a report in respect of each topic during the Vacation Week and due at the end of that Week. The maximum word count is 600 words for each report, excluding references. You submit both reports in one document to Moodle in PDF format.
The reports are advice to a specified client. They are not a letter nor an essay. You do not repeat the facts in the problem, except as they are relevant to a particular issue. Keep FILA in mind but do not use FILA in a formulaic way. You may advise what further investigations should be made. Complete advice will be alert to all possibilities.
You then participate in discussions to be arranged with the class during Week 6.
Assessment criteria appear below.
Due date for reports 19 April 2019 at 22.00 (AEST).
Return date 10 May 2019.
Weighting of 50% for the course.
Vacation Week Friday (19 Apr 2019) 10:00 pm AEST
Post on Moodle in PDF format.
Week 8 Friday (10 May 2019)
Via Moodle and Grade Book
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 of fact and law raised in the set topics.
3. Demonstrate skills in ascertaining facts.
4. Demonstrate proficient legal research skills to accurately identify issues and compose solutions in respect of commercial law problems.
5. Demonstrate and ability to critically evaluate case law and legislation in constructing coherent, logical and creative answers to commercial law problems, including identifying legal relationships, obligations, rights and remedies.
6. Apply appropriate and professional written language skills.
7. Demonstrate analytical, problem solving and critical thinking skills.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Comprehend, identify and apply the fundamental concepts of domestic commercial law
- Demonstrate skills in ascertaining facts
- Demonstrate skills in ascertaining facts
- Demonstrate proficient legal research skills to accurately identify issues and compose solutions in respect of commercial law problems
- Critically evaluate case law and legislation in constructing coherent, logical and creative answers to commercial law problems, including identifying legal relationships, obligations, rights and remedies.
2 Practical Assessment
Assessment Two is designed to test your understanding of diagnosis of the application of a commercial rule in the context of the commercial law concepts relevant to Weeks 7 to 10 (inclusive). At the end of Week 10 two topics for discussion during Assessment Week 12 will be posted. Each student will prepare a report in respect of each topic during Week 11 and due at the end of that Week. The maximum word count is 600 words for each report, excluding references. You submit both reports in one document to Moodle in PDF format.
The reports are advice to a specified client. They are not a letter nor an essay. You do not repeat the facts in the problem, except as they are relevant to a particular issue. Keep FILA in mind but do not use FILA in a formulaic way. You may advise what further investigations should be made. Complete advice will be alert to all possibilities.
You then participate in discussions to be arranged with the class during Week 12.
Assessment criteria appear below.
Due date for reports 31 May 2019 at 22.00 (AEST).
Return date 21 June 2019.
Weighting of 50% for the course.
Week 11 Friday (31 May 2019) 10:00 pm AEST
Post on Moodle.
Exam Week Friday (21 June 2019)
Via Moodle and Grade Book.
1. Demonstrate a sound understanding of commercial law concepts relevant to Weeks 7 to 11 (inclusive).
2. Demonstrate an ability to identify and address the particular matters of fact and law raised in the set topics.
3. Demonstrate skills in ascertaining facts.
4. Demonstrate proficient legal research skills to accurately identify issues and compose solutions in respect of commercial law problems.
5. Demonstrate and ability to critically evaluate case law and legislation in constructing coherent, logical and creative answers to commercial law problems, including identifying legal relationships, obligations, rights and remedies.
6. Apply appropriate and professional written language skills.
7. Demonstrate analytical, problem solving and critical thinking skills.
- Communication
- Problem Solving
- Critical Thinking
- Comprehend, identify and apply the fundamental concepts of domestic commercial law
- Demonstrate proficient legal research skills to accurately identify issues and compose solutions in respect of commercial law problems
- Critically evaluate case law and legislation in constructing coherent, logical and creative answers to commercial law problems, including identifying legal relationships, obligations, rights and remedies.
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.