CQUniversity Unit Profile
LAWS20058 Australian Commercial Law
Australian Commercial Law
All details in this unit profile for LAWS20058 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.
General Information

Overview

This unit will provide you with an introduction to the law of contract and commercial law as they operate within the parameters of Australia's common law based legal system. Topics include the origins of Australia's present legal system and the current legal environment in which contract and commercial law operate to regulate commercial transacting between firms as well as individuals using concepts, doctrines, principles, legislation and case law. It explains the key functions and processes of the legal system. A particular study is made of the nature, terms, validity, operation and discharge of contracts, the process of litigation and alternate dispute resolution methods of corporate and non-corporate business structures. Commercial Law topics studied include Agency, the Sale of Goods, Australian Consumer Law, Real and Personal Property, Torts, Securities and Bankruptcy. If you have successfully completed the unit LAWS20028 you should not enrol in this unit.

Details

Career Level: Postgraduate
Unit Level: Level 8
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

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 - 2017

Brisbane
Distance
Melbourne
Sydney

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).

Class and Assessment Overview

Recommended Student Time Commitment

Each 6-credit Postgraduate 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

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 40%
2. Examination
Weighting: 60%

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.

Previous Student Feedback

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 evaluation from Moodle

Feedback

More understanding on Assessment requirements.

Recommendation

The assessment requirements will be discussed every week until the due date in News Forum.

Action

The teaching staff were discussing the assessment requirements regularly in class (rather than in the News forum). There were almost no distance students, but for them, personal communication was initiated early in the term and assessment queries were dealt with on an individual basis..

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. delineate the structure, institutions, key functions and processes of the Australian legal system in which contracts and commercial transactions are devised and undertaken
  2. demonstrate a sound comprehension of the main concepts, doctrines, principles, legislation and case law in the contract and commercial law topics covered
  3. recognise the types of legal problems likely to be contained in commonly encountered business transactions
  4. employ legal skills and critical reasoning to identify and analyse the variable and discrete configuration of obligations, rights and remedies attaching to parties across a range of contracts and business transactions
  5. make informed judgements as to the likely legal outcomes of standard types of business transactions, coupled with the potential for managing them in a proactive, risk-avoiding and value maximising manner
Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5
1 - Written Assessment - 40%
2 - Examination - 60%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4 5
1 - Knowledge
2 - Communication
3 - Cognitive, technical and creative skills
4 - Research
5 - Self-management
6 - Ethical and Professional Responsibility
7 - Leadership

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7
1 - Written Assessment - 40%
2 - Examination - 60%
Textbooks and Resources

Textbooks

Prescribed

Australian Commercial Law 31st ed (2016)

Authors: Turner, C & Trone, J
Thomson Reuters(Professional) Aust Ltd
Pyrmont Pyrmont , NSW , Australia
ISBN:
Binding: Paperback

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed

For further information, see the Assessment Tasks.

Teaching Contacts
Peter Robinson Unit Coordinator
p.robinson1@cqu.edu.au
Schedule
Week 1 Begin Date: 06 Mar 2017

Module/Topic

The nature of law and the Australian legal system

Chapter

Prescribed readings

Events and Submissions/Topic

Week 2 Begin Date: 13 Mar 2017

Module/Topic

Judge-made law, statute and application of law to facts

Chapter

Prescribed readings

Events and Submissions/Topic

Week 3 Begin Date: 20 Mar 2017

Module/Topic

Introduction to contracts and estoppel

Chapter

Prescribed readings

Events and Submissions/Topic

Week 4 Begin Date: 27 Mar 2017

Module/Topic

Contractual rights and obligations

Chapter

Prescribed readings

Events and Submissions/Topic


Week 5 Begin Date: 03 Apr 2017

Module/Topic

Discharge and breach of contract

Chapter

Prescribed readings

Events and Submissions/Topic

Vacation Week Begin Date: 10 Apr 2017

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 17 Apr 2017

Module/Topic

Unenforceable contracts and misleading conduct

Chapter

Prescribed readings

Events and Submissions/Topic

Week 7 Begin Date: 24 Apr 2017

Module/Topic

Statutory provisions affecting contractual terms

Chapter

Prescribed readings

Events and Submissions/Topic

Week 8 Begin Date: 01 May 2017

Module/Topic

Property Law

Chapter

Prescribed readings

Events and Submissions/Topic

Assignment Due: Week 8 Thursday (4 May 2017) 11:45 pm AEST
Week 9 Begin Date: 08 May 2017

Module/Topic

Common types of contract

Chapter

Prescribed readings

Events and Submissions/Topic

Week 10 Begin Date: 15 May 2017

Module/Topic

Law of Torts

Chapter

Prescribed readings

Events and Submissions/Topic

Week 11 Begin Date: 22 May 2017

Module/Topic

Contractual capacity, debt collection and bankruptcy

Chapter

Prescribed readings

Events and Submissions/Topic

Week 12 Begin Date: 29 May 2017

Module/Topic

Exam preparation

Chapter

All relevant readings

Events and Submissions/Topic

Review/Exam Week Begin Date: 05 Jun 2017

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 12 Jun 2017

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Assignment

Task Description

The assignment is an individual skills-based task, designed to provide practice in research and providing business advice on real-life issues. The detail is too long to include here, but will be available on the unit Moodle website early in the term.


Assessment Due Date

Week 8 Thursday (4 May 2017) 11:45 pm AEST


Return Date to Students

Monday (22 May 2017)


Weighting
40%

Assessment Criteria

The term assignment will use the following assessment criteria:

Problem solving. The focus of many parts of the assignment is upon developing applied problem solving skills. This requires students to read and analyze a fact scenario matrix and identify legal issues and apply these in conjunction with case law and or provisions of legislation to develop a reasoned outcome to the issues presented by the problem matrix.

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

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

Information technology competence. This assignment tests students' aptitude and capability to access web-based information and resources. Competence in producing academic written work with use of technology forms part of this assignment exercise.

Ethical practice. In formulating responses to questions in the assignment, 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.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • delineate the structure, institutions, key functions and processes of the Australian legal system in which contracts and commercial transactions are devised and undertaken
  • demonstrate a sound comprehension of the main concepts, doctrines, principles, legislation and case law in the contract and commercial law topics covered
  • recognise the types of legal problems likely to be contained in commonly encountered business transactions
  • employ legal skills and critical reasoning to identify and analyse the variable and discrete configuration of obligations, rights and remedies attaching to parties across a range of contracts and business transactions
  • make informed judgements as to the likely legal outcomes of standard types of business transactions, coupled with the potential for managing them in a proactive, risk-avoiding and value maximising manner


Graduate Attributes
  • Knowledge
  • Communication
  • Cognitive, technical and creative skills
  • Research

Examination

Outline
Complete an invigilated examination

Date
During the examination period, at a CQUniversity examination centre

Weighting
60%

Length
180 minutes

Details
No calculators permitted
Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
Open Book
Academic Integrity Statement

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?