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 - 2020
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
A suggestion for improvement might be releasing an answer guide for the assignment at the same time as the discussion folders with the student assignments are released, before the class discussions begin.
The Group Discussions require students to explore possible solutions in the course of the discussion and by reference to the thoughts of other students; in a sense learning the hard way. I prompt them to consider further enquiries and solutions. Therefore I do not agree with this recommendation and no action is needed. But see the next Item.
Feedback from Student Feedback
That there be a model answer or template for each of the Assessment problems.
I suggest that this be provided at the conclusion of all the Group Discussions (the cohort is in at least two groups). This may improve the lower rating for Assessment Feedback.
- 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: 32nd (2019)
Authors: Clive Turner and John Trone
Thomson Reuters
Pyrmont Pyrmont , NSW , Australia
ISBN: 9780455241395
Binding: Paperback
Additional Textbook Information
Copies are available for purchase at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
j.deem@cqu.edu.au
Module/Topic
Diagnosis of the legal relationship
Chapter
References set out in Week 1 Study Guide
Events and Submissions/Topic
Module/Topic
Bailment
Chapter
Clive Turner and John Trone, Australian Commercial Law, 32nd edition (Thomson Reuters, 2019) Chapter 19
Week 2 Study Guide
Events and Submissions/Topic
Module/Topic
Sale of Goods
Chapter
Clive Turner and John Trone, Australian Commercial Law, 32nd edition (Thomson Reuters, 2019) Chapter 15
Week 3 Study Guide
Events and Submissions/Topic
Module/Topic
Business Organisations
Chapter
Clive Turner and John Trone, Australian Commercial Law, 32nd edition (Thomson Reuters, 2019), Chapter 26
Week 4 Study Guide
Events and Submissions/Topic
Module/Topic
Agency
Chapter
Clive Turner and John Trone, Australian Commercial Law, 32nd edition (Thomson Reuters, 2019) Chapter 13
Week 5 Study Guide
Events and Submissions/Topic
Module/Topic
Assessment 1 Reports
Chapter
Events and Submissions/Topic
Practical Assessment 1 due 5pm Friday Vacation Week (17 April 2020)
Practical Assessment 1 - Advice to Client Due: Vacation Week Friday (17 Apr 2020) 5:00 pm AEST
Module/Topic
Assessment 1 Discussions
Chapter
Events and Submissions/Topic
Assessment 1 Discussions
Module/Topic
Diagnosis of the application of a commercial rule
Chapter
Week 7 Study Guide
Events and Submissions/Topic
Module/Topic
Consumer Protection
Chapter
Clive Turner and John Trone, Australian Commercial Law, 32nd edition (Thomson Reuters, 2019), Chapter 17
Week 8 Study Guide
Events and Submissions/Topic
Module/Topic
Competition Law
Chapter
Clive Turner and John Trone, Australian Commercial Law, 32nd edition (Thomson Reuters, 2019), Chapter 18
Week 9 Study Guide
Other materials listed in the Study Guide
Events and Submissions/Topic
Module/Topic
Credit Law and Guarantees
Chapter
Clive Turner and John Trone, Australian Commercial Law, 32nd edition (Thomson Reuters, 2019) Chapters 20 and 14
Week 10 Study Guide
Events and Submissions/Topic
Module/Topic
E-Commerce
Assessment 2
Chapter
Week 11 Study Guide
Events and Submissions/Topic
Practical Assessment 2 due 5pm Friday Week 11 (29 May 2020)
Practical Assessment 2 - Advice to Client Due: Week 11 Friday (29 May 2020) 5:00 pm AEST
Module/Topic
Assessment 2 Discussions
Chapter
Events and Submissions/Topic
Assessment 2 Discussions
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Students should be aware of two important time commitments for the assessment for this unit.
1. The assessment tasks for this unit are designed to simulate the fast-paced reality of practising commercial law, where clients often need timely advice. Accordingly, the hypothetical scenarios for the two assessment pieces are only released one week before their respective due dates. Each week of the Term you will have the chance to hone your legal diagnostic and writing skills through workshop problems. Hence, the timeframe for this assessment should be more than adequate. However, it is critical that you ensure that you give yourself enough time to work on your reports during Vacation Week and in Week 11. Extensions can only be granted in exceptional (usually medically-related) circumstances.
2. In Weeks 6 and 12, we will have a discussion of your reports submitted in the previous week. This discussion will simulate a team meeting in a law firm, where we will consider the client's situation, the advice given, and potential next steps. It will also give you a chance to share your approach with your peers (and learn from theirs). The discussion is not compulsory, but positive and critical engagement in the discussion will be rewarded in marking your assessment. I will try to arrange a time for these discussions that will accommodate as many students as possible, but it is strongly recommended that you try to make yourself flexibly available during those weeks.
1 Practical Assessment
Assessment One is designed to test your ability to diagnose legal relationships 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. This timeframe is designed to simulate providing advice to a client in a timely fashion in a commercial practice setting. The maximum word count is 600 words for each report (i.e., 1200 total), excluding references. You submit both reports in one document to Moodle in PDF format.
The reports are in the form of an advice to a specified client. You do not need to repeat the facts in the problem, except as they are relevant to a particular issue. Keep the FILA method ('Facts-Issues-Law-Application) in mind but do not use FILA in a formulaic way. You may advise what further investigations should be made. Complete advice should be alert to all possibilities.
You then participate in discussions to be arranged with the class during Week 6, which will simulate a discussion of the client's situation with colleagues in a law firm.
Vacation Week Friday (17 Apr 2020) 5:00 pm AEST
Week 8 Monday (4 May 2020)
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 sound 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 an ability to critically evaluate case law and legislation in constructing coherent, logical and creative answers to commercial law problems, including in identifying legal relationships, obligations, rights and remedies.
6. Apply appropriate and professional written language skills.
7. Demonstrate clear skills in legal analysis, problem solving and critical thinking.
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
2 Practical Assessment
Assessment Two is designed to test your ability to diagnose legal relationship in the context of the commercial law concepts relevant to Weeks 7 to 10 (inclusive). At the end of Week 10 two problems 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. This timeframe is designed to simulate providing advice to a client in a timely fashion in a commercial practice setting. This timeframe is designed to simulate providing advice to a client in a timely fashion in a commercial practice setting. The maximum word count is 600 words for each report (i.e., 1200 total), excluding references. You submit both reports in one document to Moodle in PDF format.
The reports are in the form of an advice to a specified client. You do not need to repeat the facts in the problem, except as they are relevant to a particular issue. Keep the FILA method ('Facts-Issues-Law-Application) in mind but do not use FILA in a formulaic way. You may advise what further investigations should be made. Complete advice should be alert to all possibilities.You then participate in discussions to be arranged with the class during Week 6, which will simulate a discussion of the client's situation with colleagues in a law firm.
Week 11 Friday (29 May 2020) 5:00 pm AEST
Review/Exam Week Friday (12 June 2020)
1. Demonstrate a sound understanding of commercial law concepts relevant to Weeks 7 to 10 (inclusive).
2. Demonstrate an ability to identify and address the particular matters of fact and law raised in the set topics.
3. Demonstrate sound 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 an ability to critically evaluate case law and legislation in constructing coherent, logical and creative answers to commercial law problems, including in identifying legal relationships, obligations, rights and remedies.
6. Apply appropriate and professional written language skills.
7. Demonstrate clear skills in legal analysis, problem solving and 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.
- Communication
- Problem Solving
- Critical Thinking
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?
