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.

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 - 2022

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. Online Test
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 judgments 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 - Online Test - 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
Textbooks and Resources

Textbooks

Prescribed

Business Law

Sixth Edition (2022)
Authors: Nick James
Wiley
Milton Milton , Queensland , Australia
ISBN: 9780730391869
Binding: Website Link

IT Resources

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

All submissions for this unit must use the referencing style: American Psychological Association 7th Edition (APA 7th edition)

For further information, see the Assessment Tasks.

Teaching Contacts
Matt Nichol Unit Coordinator
m.nichol@cqu.edu.au
Schedule
Week 1 Fundamentals of Law I: What is Law? Begin Date: 11 Jul 2022

Module/Topic

Introduction to law and business law, basic legal concepts

Chapter

Nickolas James, Business Law (Wiley, 6th edition: 2022) Chapter 1 pp. 3-10, Chapter 4

Events and Submissions/Topic

Week 2 Fundamentals of Law II: Sources of Law Begin Date: 18 Jul 2022

Module/Topic

Categories of law, indigenous law, common law, equity

Chapter

Nickolas James, Business Law (Wiley, 6th edition: 2022) Chapter 1 pp. 10-22, Chapter 2 pp. 35-38, Chapter 3 pp. 75-76, 97-101

Events and Submissions/Topic

Week 3 Fundamentals of Law III: The Australian Legal System Begin Date: 25 Jul 2022

Module/Topic

Characteristics of the Australian legal system, federalism, the Constitution, courts, parliaments

Chapter

Nickolas James, Business Law (Wiley, 6th edition: 2022) Chapter 2 , Chapter 3 pp. 64-96

Events and Submissions/Topic

Week 4 Fundamentals of Law IV: Dispute Resolution Begin Date: 01 Aug 2022

Module/Topic

Litigation, alternative dispute resolution, compliance, enforcement

Chapter

Nickolas James, Business Law (Wiley, 6th edition: 2022) Chapter 3 pp. 86-97, 102

Events and Submissions/Topic

Week 5 Contract Law I: What is a Contract? Begin Date: 08 Aug 2022

Module/Topic

Types of contracts, features and formation of a contract, formation, genuine consent

Chapter

Nickolas James, Business Law (Wiley, 6th edition: 2022) Chapter 7, Chapter 9 pp. 289-301

Events and Submissions/Topic

Vacation Week Begin Date: 15 Aug 2022

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Contract Law II: Contractual Terms and Remedies Begin Date: 22 Aug 2022

Module/Topic

Express and implied terms, classification of terms, unenforceable terms, termination, remedies

Chapter

Nickolas James, Business Law (Wiley, 6th edition: 2022) Chapter 8 pp. 256-264, 274-281, Chapter 9 pp. 301-313

Events and Submissions/Topic

Week 7 Contract Law III: Contractual Terms and Statutory Provisions Begin Date: 29 Aug 2022

Module/Topic

Australian Consumer Law - statutory guarantees, Sale of Goods Acts - implied terms

Chapter

Nickolas James, Business Law (Wiley, 6th edition: 2022) Chapter 8 pp. 264-272, Chapter 9 pp. 300-301, Chapter 11 pp. 349-351, 369-370, 377-378

Events and Submissions/Topic

Assignment Due: Week 7 Friday (2 Sept 2022) 11:00 pm AEST
Week 8 Contract Law IV: Australian Consumer Law Begin Date: 05 Sep 2022

Module/Topic

Consumer protection law: misleading or deceptive conduct, unconscionable conduct, unfair contract terms, unfair practices, enforcement, remedies

Chapter

Nickolas James, Business Law (Wiley, 6th edition: 2022) Chapter 11 pp. 345-377

Events and Submissions/Topic

Week 9 Law in Context I: Technology, Law and Business Begin Date: 12 Sep 2022

Module/Topic

Privacy law, confidentiality, data security

Chapter

Nickolas James, Business Law (Wiley, 6th edition: 2022) Chapter 11 pp. 377-386

Events and Submissions/Topic

Week 10 Law in Context II: Businesses and Causing Harm Begin Date: 19 Sep 2022

Module/Topic

Overview of torts, tort of negligence

Chapter

Nickolas James, Business Law (Wiley, 6th edition: 2022) Chapter 5 and Chapter 6

Events and Submissions/Topic

Week 11 Law in Context III: Business Structures Begin Date: 26 Sep 2022

Module/Topic

Sole traders, partnerships, joint ventures, trusts, franchises

Chapter

Nickolas James, Business Law (Wiley, 6th edition: 2022) Chapter 15

Events and Submissions/Topic

Week 12 Law in Context IV: Corporations Begin Date: 03 Oct 2022

Module/Topic

Features of corporations, types of corporations, corporate governance, director duties

Chapter

Nickolas James, Business Law (Wiley, 6th edition: 2022) Chapter 16

Events and Submissions/Topic

Review/Exam Week Begin Date: 10 Oct 2022

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 17 Oct 2022

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Assignment

Task Description

The assignment involves a problem solving exercise where students must demonstrate research, analytical and writing skills. Students are required analyse a factual scenario and then apply relevant laws to a number of questions.


Assessment Due Date

Week 7 Friday (2 Sept 2022) 11:00 pm AEST

The policy for extensions of time will be strictly enforced. Late submissions without an approved online extension will attract a penalty of 5% of the total available marks per day that is in accordance with the relevant CQU policies.


Return Date to Students

Week 9 Friday (16 Sept 2022)

Marks and feedback will be returned 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.

A detailed marking rubric will be made available on Moodle.


Referencing Style

Submission
Online

Submission Instructions
Submission will be online via 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 judgments 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

2 Online Test

Assessment Title
Invigilated Online Test

Task Description

The test will consist of a number of legal problem and short answer questions that test your knowledge and understanding of legal principles, legislation and cases. It is an individual invigilated online assessment task that will be conducted in Moodle during the examination period. The date of the test will be set by the School of Business and made available during the term.


Assessment Due Date

The invigilated test will be conducted in Moodle during the examination period. The date of the test is set by the School of Business and Law and will be advised during the term.


Return Date to Students

Test results and feedback will be released to students after the certification of grades


Weighting
60%

Assessment Criteria

The test 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 legislation and cases for a test.

A detailed marking rubric will be made available on Moodle.


Referencing Style

Submission
Online

Submission Instructions
Submission will be online via 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 judgments 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

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?