Unit Profile Correction added on 26-03-20
The end of term examination has now been changed to an alternate form of assessment. Please see your Moodle site for details of the assessment
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
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 - 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 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
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 Through Moodle site.
Several students advised that the depth and breadth of the course content was considerable. They felt that the unit content should be more concise.
The Unit Coordinator to revise and improve the structure and content of the unit and to reduce Powerpoint slide numbers where appropriate. The Unit Coordinator to add weekly video sessions and master classes to streamline and improve the unit's content. The Unit Coordinator in the weekly live video sessions and campus teachers in class to assist students with their written responses to the weekly revision exercises.
- 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
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 | |||||
| 8 - 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 | |
| 1 - Written Assessment - 40% | ||||||||
| 2 - Examination - 60% | ||||||||
Textbooks
AUSTRALIAN COMMERCIAL LAW
32nd Edition (2019)
Authors: Clive Turner and John Trone
Thomson Reuters. Lawbook Co.
Sydney Sydney , 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.
m.nichol@cqu.edu.au
Module/Topic
Features of the Australian Legal System
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 1.
Events and Submissions/Topic
Module/Topic
Offer, acceptance, intention, consideration and capacity
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapters 2, 3, 4, 5 and 6.
Events and Submissions/Topic
Module/Topic
Genuine consent and legality
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapters 7 and 8.
Events and Submissions/Topic
Module/Topic
Contents and interpretation of the contract, operation of the contract, termination of contract and remedies.
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapters 9,10,11 and 12.
Events and Submissions/Topic
Module/Topic
Consumer protection laws
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 17.
Events and Submissions/Topic
Module/Topic
Revision and assignment preparation
Chapter
Events and Submissions/Topic
Module/Topic
Personal Property and Sale of Goods
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 14 pp 201-209 and Chapter 15.
Events and Submissions/Topic
Module/Topic
Real Property and Intellectual Property
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 29 pp 696-703 and Chapter 31.
Events and Submissions/Topic
Assignment due by 5 pm (AEST) on Friday 1 May 2020
Assignment Due: Week 7 Friday (1 May 2020) 5:00 pm AEST
Module/Topic
Property and Securities
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 14 pp 209-224 and Chapter 29 pp 704-708.
Events and Submissions/Topic
Module/Topic
Torts
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 28.
Events and Submissions/Topic
Module/Topic
Agency
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 13.
Events and Submissions/Topic
Module/Topic
Partnerships, Corporations and Trusts
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapters 26, 27 and 30.
Events and Submissions/Topic
Module/Topic
Bankruptcy
Revision
Chapter
Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 32.
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
The assignment is designed to develop and assess the research, analytical and writing skills of students. Students are required to answer several problem based questions in relation to a hypothetical factual situation by identifying relevant legal issues and then applying the appropriate legal principles. Students are required to use relevant cases and provisions of legislation covered to support their answers.
Week 7 Friday (1 May 2020) 5:00 pm AEST
The assignment is to be submitted by Moodle
Week 8 Friday (8 May 2020)
The assignment will be returned by Moodle
The assignment will be assessed using the following criteria:
- Problem solving: students are required to demonstrate problem solving skills by identifying and applying relevant legal rules and principles to a fact scenario.
- Critical thinking: students are required to demonstrate critical thinking by analysing, applying and evaluating facts and law in a problem solving context.
- Information literacy: students are required to demonstrate information literacy by identifying, understanding and applying legal rules and principles in a commercial problem scenario.
- Writing and presentation: students are required to submit answers with a clear writing style that uses appropriate grammar and expression. Ideas and arguments are to be presented in a logical structure and order.
- Referencing: students must use appropriate referencing when using secondary materials (for example, websites, books or journal articles) legislation and cases.
A marking rubric is available on Moodle.
- 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
- Knowledge
- Communication
- Cognitive, technical and creative skills
- Research
Examination
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?
