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 2 - 2021

Brisbane
Melbourne
Online
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. Take Home Exam
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 feedback, self-reflection.

Feedback

Students are mostly accounting or business students and may be international. Law subjects are difficult for them and students struggle to answer legal questions.

Recommendation

Workshops, which are already well received, can focus more on the basic concepts and the skills required for answering law questions.

Feedback from Student feedback, self-reflection.

Feedback

Students have difficulty facing legal assessment tasks.

Recommendation

The assessment items can be supported more with discussions both in class and in support materials.

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 - Take Home Exam - 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 - Take Home Exam - 60%
Textbooks and Resources

Textbooks

Prescribed

Australian Commercial Law 32nd (2019)

Authors: Clive Turner and John Trone
Lawbook Co: Thomson Reuters
Pyrmont Pyrmont , NSW , Australia
ISBN:
Binding: eBook

Additional Textbook Information

IT Resources

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

All submissions for this unit must use the referencing styles below:

For further information, see the Assessment Tasks.

Teaching Contacts
Matt Nichol Unit Coordinator
m.nichol@cqu.edu.au
Schedule
Week 1 - Legal Systems I: What is Law? Begin Date: 12 Jul 2021

Module/Topic

Principles and Features of Law and Overview of Commercial Law

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapter 1

Events and Submissions/Topic

Week 2 - Legal Systems II: The Australian Legal System Begin Date: 19 Jul 2021

Module/Topic

Features of the Australian Legal System

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapter 1 (pp. 3-27)

Events and Submissions/Topic

Week 3 - Legal Systems III: Dispute Resolution Begin Date: 26 Jul 2021

Module/Topic

Litigation, Alternative Dispute Resolution, Bankruptcy, Remedies and Enforcement

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 1 (pp. 28-31) and 32

Events and Submissions/Topic

Week 4 - Contract Law I: What is a Contract? Begin Date: 02 Aug 2021

Module/Topic

Elements of Forming a Contract: Offer, Acceptance, Consideration, Intention and Capacity 

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 2, 3, 4 , 5 and 6

Events and Submissions/Topic

Week 5 - Contract Law II: Contractual Obligations Begin Date: 09 Aug 2021

Module/Topic

Terms of a Contract and Classification of Terms

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 9 and 10

Events and Submissions/Topic

Vacation Week Begin Date: 16 Aug 2021

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 - Contract Law III: Discharge and Remedies Begin Date: 23 Aug 2021

Module/Topic

Methods of Discharging a Contract and Remedies for Breach of Contract

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 11 and 12

Events and Submissions/Topic

Week 7 - Contract Law IV: Unenforceable Contracts Begin Date: 30 Aug 2021

Module/Topic

Legality of a Contract, Genuine Consent and Misleading and Deceptive Conduct

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 7, 8 and 17 (pp. 287-299)

Events and Submissions/Topic

Individual Assignment Due: Week 7 Friday (3 Sept 2021) 5:00 pm AEST
Week 8 - Contract Law V: Contract Terms and Statutory Provisions Begin Date: 06 Sep 2021

Module/Topic

Contractual Terms, Australian Consumer Law and Sale of Goods Acts

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 15 and 17 (pp. 299-307)

Events and Submissions/Topic

Week 9 - Property Law and Securities Begin Date: 13 Sep 2021

Module/Topic

Native Title, Personal Property, Real Property and Securities

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 14 and 29 

Events and Submissions/Topic

Week 10 - Law of Torts Begin Date: 20 Sep 2021

Module/Topic

Overview of Torts and the Tort of Negligence

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapter 28

Events and Submissions/Topic

Week 11 - Agency Begin Date: 27 Sep 2021

Module/Topic

Rules of Agency and Liability of Parties

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapter 13

Events and Submissions/Topic

Week 12 - Business Structures Begin Date: 04 Oct 2021

Module/Topic

Sole Traders, Partnerships, Joint Ventures, Corporations and Trusts

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd ed 2019: Thomson Reuters-Lawbook Co), Chapters 26, 27 and 30

Events and Submissions/Topic

Review/Exam Week Begin Date: 11 Oct 2021

Module/Topic

Chapter

Events and Submissions/Topic

Review\Exam week Begin Date: 18 Oct 2021

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Individual Assignment

Task Description

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.


Assessment Due Date

Week 7 Friday (3 Sept 2021) 5:00 pm AEST

The assignment must be submitted as an MS Word document via Moodle. Assignments submitted after the due date without an approved online extension will incur a penalty of 5% of the total marks available per day in accordance with the relevant CQU policy.


Return Date to Students

Week 9 Friday (17 Sept 2021)

Feedback and results will be provided to students by Moodle.


Weighting
40%

Assessment Criteria

The assignment will be assessed according to the following criteria:

  1. Problem solving: students must demonstrate problem solving skills by identifying and applying relevant legal rules and principles.
  2. Critical thinking: students must demonstrate critical thinking by analysing, applying and evaluating facts and law in a problem solving context.
  3. Information literacy: students must demonstrate information literacy by identifying, understanding and applying legal rules and principles.
  4. 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.
  5. Referencing: students must appropriately cite relevant references when using legislation, cases and secondary materials (for example books or journal articles).

A detailed marking rubric is available on Moodle.


Referencing Style

Submission
Online

Submission Instructions
Students must submit their assignment as a Word document (.doc or .docx) in Moodle

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

2 Take Home Exam

Assessment Title
Take Home Paper

Task Description

The take-home paper will consist of a number of legal problem and short answer questions testing your knowledge and understanding of relevant cases, legislation and legal principles. It is an individual assessment and no collaboration is permitted. The take-home paper will be released on Moodle. Students will have 24 hours to complete and submit their answers via Moodle. Extensions of time are not permitted for a take-home paper and the submission link will be disabled on expiry of the deadline.


Assessment Due Date

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.


Return Date to Students

Results of the take home paper will only be released when grades are certified.


Weighting
60%

Assessment Criteria

The take home paper will be assessed according to the following criteria:

  1. Problem solving: students must demonstrate problem solving skills by identifying and applying relevant legal rules and principles.
  2. Critical thinking: students must demonstrate critical thinking by analysing, applying and evaluating facts and law in a problem solving context.
  3. Information literacy: students must demonstrate information literacy by identifying, understanding and applying legal rules and principles.
  4. 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.
  5. Referencing: students must appropriately cite relevant references when using legislation and cases.

A detailed marking rubric is available on Moodle.


Referencing Style

Submission
Online

Submission Instructions
Students must submit their answers to the take home paper as a single MS Word document via the submission link on Moodle.

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
  • Cognitive, technical and creative skills

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?