Course outline. Code: LAW307 Title: Commercial Law

Transcription

1 Faculty of Arts, Business and Law USC Law School Teaching Session: Semester 2 Year: 2017 Course Coordinator: Drossos Stamboulakis Office No: JG. 11 Phone No: dstambou@usc.edu.au Course outline Code: LAW307 Title: Commercial Law 1. What is this course about? 1.1 Course description This course introduces you to the fundamentals of commercial law, with emphasis on the Australian approach to it. We will first consider the purpose of commercial law, its form and function, and the role of lawyers and the legal system in commerce. We will examine key concepts in commercial transactions, including agency, personal property and its securitisation, laws regulating the sale of goods domestically and internationally, bankruptcy, guarantees, and insurance. Commercial dispute resolution processes and practices, including alternative dispute resolution, will also be canvassed. 1.2 Course content 1. The role of law and lawyers in commerce 2. Fundamentals of commercial law 3. Key sale of goods legislative schemes o Domestic sales: Sales of Goods Acts; and o International sales: UN Convention on Contracts for the International Sale of Goods 4. Consumer protection under the Competition and Consumer Act 5. Personal property and securitisation o Creation and enforcement of security interests 6. Insurance contracts 7. Bankruptcy 8. Commercial dispute resolution 2. Unit value 12 units

2 Page 2 3. How does this course contribute to my learning? Specific Learning Outcomes Assessment Tasks Graduate Qualities On successful completion of this course you should be able to: Demonstrate an understanding of the range of legal issues that are included under the generic title commercial law and your ability to provide sound legal advice utilising that knowledge. Apply critical thinking to resolve a complex legal problem related to a commercial law issue. You will be assessed on the learning outcome in task/s: Completing these tasks successfully will contribute to you becoming: 1, 2 and 3 Knowledgeable Creative and critical thinkers 2 Empowered 4. Am I eligible to enrol in this course? Refer to the Coursework Programs and Awards - Academic Policy for definitions of pre-requisites, corequisites and anti-requisites 4.1 Enrolment restrictions This course is available only to students enrolled in a Bachelor of Laws program. 4.2 Pre-requisites LAW Co-requisites LAW Anti-requisites Nil 4.5 Specific assumed prior knowledge and skills Nil 5. How am I going to be assessed? 5.1 Grading scale Standard High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL)

3 5.2 Assessment tasks Task Assessment Tasks No. 1 Commercial law online quiz 2 Commercial law advice 3 Open book examination Page 3 Individual or Group Weighting % What is the duration / length? When should I submit? Individual 15% 1 hour Friday, Week 6, 4pm Individual 35% 1,400 words Friday, Week 12, 4pm Individual 50% 2 hours plus Central 30 minutes examination preparation period time 100% Where should I submit it? SafeAssign SafeAssign SafeAssign There will be interactive feedback on a series of quiz and discussion questions throughout the semester. Assessment Task 1: Commercial law online quiz Goal: To test your understanding of key concepts and principles covered in weeks 1-5 of the course. Product: Quiz Format: Multiple choice questions, containing a combination of definitional and problem-style questions. Criteria You will be assessed on your understanding of the principles and concepts covered in weeks 1-5. Generic skill assessed Skill assessment level Communication Problem solving

4 Assessment Task 2: Commercial law advice Goal: Product: Format: Criteria Page 4 The goal of this task is for you to show advanced understanding of complex commercial law issues, and critically evaluate this by reference to relevant legal and policy materials including legislation, case law, commentary, and, where appropriate other domestic and international materials. Written legal advice. Assignment on a specified commercial law issue that has been provided to you, completed individually words plus references in AGLC3 format. You will be assessed on: Identification and application of legal issues, principles and rules of law derived from case analysis and statute Analytical thinking to propose, discuss, generate and recommend appropriate responses to complex commercial law issues Interpretation, synthesis and application of relevant legal, factual and policy materials Effective communication, including concision, accuracy, and appropriate structure and referencing Skill assessment level Generic skill assessed Organisation Problem solving Assessment Task 3: Open book examination Goal: To demonstrate your understanding of key concepts in Commercial Law. Product: Examination. Format: Completed individually in central examination period. Short answer, essay and/or problem questions. Criteria You will be assessed on: Identification of legal issues and rules in a commercial context Interpretation, synthesis and application of relevant legal, factual and policy materials Analytical thinking and your skills of legal analysis Analytical thinking to propose, discuss and recommend appropriate responses to complex commercial law issues Generic skill assessed Skill assessment level Communication Problem solving 5.3 Additional assessment requirements Plagiarism In order to minimise incidents of plagiarism and collusion, this course may require that some of its assessment tasks, when submitted to Blackboard, are electronically checked through SafeAssign. This software allows for text comparisons to be made between your submitted assessment item and all other work that SafeAssign has access to.

5 Page 5 Eligibility for Supplementary Assessment Your eligibility for supplementary assessment in a course is dependent of the following conditions applying: a) The final mark is in the percentage range 47% to 49.4% b) The course is graded using the Standard Grading scale c) You have not failed an assessment task in the course due to academic misconduct 5.4 Submission penalties Late submission of assessment tasks will be penalised at the following maximum rate: 5% (of the assessment task s identified value) per day for the first two days from the date identified as the due date for the assessment task. 10% (of the assessment task s identified value) for the third day 20% (of the assessment task s identified value) for the fourth day and subsequent days up to and including seven days from the date identified as the due date for the assessment task. A result of zero is awarded for an assessment task submitted after seven days from the date identified as the due date for the assessment task. Weekdays and weekends are included in the calculation of days late. To request an extension you must contact your course coordinator to negotiate an outcome. 6. How is the course offered? 6.1 Directed study hours On campus : 2 hours per week and 1-hour recorded overview lecture and PowerPoint slides available via Blackboard 6.2 Teaching semester/session(s) offered Semester Course activities Teaching What key concepts/content will I Week / learn? Module What activities will I engage in to learn the concepts/content? Directed Study Independent Study Activities Activities 1 The role of law and lawyers in commercial law Fundamentals of commercial law Trone Ch 1 2 Sale of goods: the contract of sale and transfer of property Trone Ch 14 3 Sale of goods: rights and remedies Trone Ch 14

6 Page 6 4 International sales contracts Trone Ch 15 5 International sales contracts (cont.) Trone Ch 15 6 Protections for consumer transactions Trone Ch 17 7 Protections for consumer transactions (cont.) Trone Ch 17 8 Securitisation of personal property under the PPSA Trone [19.900]- [ ]; see also Traves Ch 10 9 Insurance contracts Trone Ch 25 Mid Semester Break 10 Monday, 2 nd October Queen s Birthday Public Holiday Bankruptcy Trone Ch Commercial dispute resolution: an overview from Australia and internationally Trone Ch 1 Further details will be posted Blackboard

7 12 Commercial dispute resolution: processes and practice Page 7 Trone Ch 1 Further details will be posted Blackboard 13 Revision & examination preparation Further details will be posted Blackboard Study Period Central Examination Period End of Semester Break Please note that the course activities may be subject to variation. 7. What resources do I need to undertake this course? 7.1 Prescribed text(s) You will need access to several pieces of legislation: details to be advised on Blackboard Author Year Title Publisher Cliver Turner and John Trone 2017 Australian Commercial Law Thomson Reuters 7.2 Required and recommended readings Lists of required and recommended readings may also be found for this course on its Blackboard site. These materials/readings will assist you in preparing for tutorials and assignments, and will provide further information regarding particular aspects of your course. Samantha Traves Commercial Law ( 4th edition, 2016, Thomson Reuters) is also a useful concise text, which offers a different perspective on much of the course content. Chapter 10 of this book also discusses in more detail the operation of the Personal Property Securities Act than the prescribed text. This Chapter has been extracted for study purposes, and placed on Blackboard. Your texts also have details of wider reading on individual topics. In the case of journal articles, most will be available through the USC Library. Your study and understanding of law will be enriched by wider reading. 7.3 Specific requirements Nil 7.4 Risk management Health and safety risks have been assessed as low. It is your responsibility to research and understand risks of specific courses and to review the USC s health and safety principles by viewing the online induction training for students.

8 Page 8 8. How can I obtain help with my studies? In the first instance you should contact your tutor, then the Course Coordinator. Additional assistance is provided to all students through Peer Advisors and Academic Skills Advisors. You can drop in or book an appointment. To book: Tel: or studentcentral@usc.edu.au 9. Links to relevant University policies and procedures For more information on Academic Learning & Teaching categories including: Assessment: Courses and Coursework Programs Review of Assessment and Final Grades Supplementary Assessment Administration of Central Examinations Deferred Examinations Student Academic Misconduct Students with a Disability General enquiries In person: Sippy Downs - Student Central, Ground Floor, Building C USC SouthBank - Student Central, Building B, Ground floor (level 1) USC Gympie - Student Central, 71 Cartwright Road, Gympie USC Fraser Coast - Student Central, Building A Tel: studentcentral@usc.edu.au