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
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 - 2024
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 Student evaluations
A well organised and engaging unit. All information is available and communicated in Moodle.
Ensure Moodle is up to date with learning resources.
- 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.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Written Assessment - 30% | |||||
| 2 - Written Assessment - 35% | |||||
| 3 - Written Assessment - 35% | |||||
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
Business Law
Sixth Edition (2022)
Authors: Nick James
Wiley
Milton Milton , Queensland , Australia
ISBN: 9780730391869
Binding: Website Link
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Zoom (both microphone and webcam capability)
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.
m.nichol@cqu.edu.au
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
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
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
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
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
Module/Topic
Chapter
Events and Submissions/Topic
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
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
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
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
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
Module/Topic
Sole traders, partnerships, joint ventures, trusts, franchises
Chapter
Nickolas James, Business Law (Wiley, 6th edition: 2022) Chapter 15
Events and Submissions/Topic
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
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Assessment Task 1 involves a problem solving exercise on What is Law? (Weeks 1 to 4) where students must demonstrate research, analytical and writing skills. Students are required to analyse a factual scenario and then apply relevant laws to a number of questions.
Week 5 Monday (5 Aug 2024) 11:00 pm AEST
Online via Moodle
Week 7 Monday (26 Aug 2024)
Online via Moodle
The assignment will be assessed according to the following criteria:
Problem solving: students must demonstrate problem solving skills by identifying and applying relevant legal rules and principles.
Critical thinking: students must demonstrate critical thinking by analysing, applying and evaluating facts and law in a problem solving context.
Information literacy: students must demonstrate information literacy by identifying, understanding and applying legal rules and principles.
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.
Referencing: students must appropriately cite relevant references when using legislation, cases and secondary materials.
A detailed marking rubric will be made 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 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 Written Assessment
Assessment Task 2 involves a problem solving exercise on Contact Law (Weeks 5 to 8) where students must demonstrate research, analytical and writing skills. Students are required to analyse a factual scenario and then apply relevant laws to a number of questions.
Week 9 Monday (9 Sept 2024) 11:00 pm AEST
Submitted online via Moodle
Week 11 Monday (23 Sept 2024)
Online via Moodle
The assignment will be assessed according to the following criteria:
Problem solving: students must demonstrate problem solving skills by identifying and applying relevant legal rules and principles.
Critical thinking: students must demonstrate critical thinking by analysing, applying and evaluating facts and law in a problem solving context.
Information literacy: students must demonstrate information literacy by identifying, understanding and applying legal rules and principles.
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.
Referencing: students must appropriately cite relevant references when using legislation, cases and secondary materials.
A detailed marking rubric will be made 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 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.
3 Written Assessment
Assessment Task 3 involves a problem solving exercise on Law in Context (Weeks 9 to 12) where students must demonstrate research, analytical and writing skills. Students are required to analyse a factual scenario and then apply relevant laws to a number of questions.
Review/Exam Week Monday (7 Oct 2024) 11:00 pm AEST
Online via Moodle
Online via Moodle - after certification of grades
The assignment will be assessed according to the following criteria:
Problem solving: students must demonstrate problem solving skills by identifying and applying relevant legal rules and principles.
Critical thinking: students must demonstrate critical thinking by analysing, applying and evaluating facts and law in a problem solving context.
Information literacy: students must demonstrate information literacy by identifying, understanding and applying legal rules and principles.
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.
Referencing: students must appropriately cite relevant references when using legislation, cases and secondary materials.
A detailed marking rubric will be made 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 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.
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?
