Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Julian Dight
Contact via julian.dight@mq.edu.au
Moderator
Verity Greenwood
Contact via verity.greenwood@mq.edu.au
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
12cp
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit introduces students to the Australian legal system and to essential legal principles and concepts that inform the way in which commercial activities are regulated. The unit prepares students for more advanced units such as BUSL301 and BUSL315. Studying this unit may also be of interest to students from varied disciplines as it provides them with a broad knowledge and understanding of how the laws apply to ordinary commercial transactions. A range of assessment tasks are used in the unit to monitor the progress of students and to develop important analytical and generic professional skills. Topics include: contract law, tort law (with a focus on negligence), property law (including intellectual property), consumer protection law, and the law of agency.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Name | Weighting | Due |
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Mid-Session Exam | 35% | Week 7 |
Class Participation | 20% | Weeks 3-13 |
Final Examination | 45% | University Examination Period |
Due: Week 7
Weighting: 35%
This exam will consist of two parts. Part A is worth 15% and will consist of 30 multiple choice questions worth half a mark each and part B is worth 20% and will consist of a long response to a negligence question. The exam will be two hours and 10 minutes long. The exam is close book but a case list and a copy of the Civil Liability Act 2002 will be attached.
The only exception to not sitting an in-class test or examination at the designated time is because of documented illness or unavoidable disruption. In these circumstances you should consider applying for Special Consideration otherwise you will not receive any mark for this component of assessment.
Due: Weeks 3-13
Weighting: 20%
Two Oral Presentations
Due Date: Beginning week 4
Weight: 10%
Each student will join a group of up to five students and work with that group for the whole semester. Each group will deliver two 10 minute presentations throughout the semester. The first presentation will be held in weeks 4-5 and the second, in weeks 10-12. Each member of their group must contribute to the presentation within the time allowed and will be graded on how well they can present their topic. Reading from a pre-prepared script will not be permitted and will be awarded low marks. Each student is expected to have prepared to such an extent that will allow them to address the class in their own words. Students are encouraged to use slides or you tube which may assist them in their presentation. Groups can even perform a piece of theatre and may even have this pre-recorded before class. Use of props and other aids is also encouraged.
Two Panel Discussion groups
Due Date: Beginning Week 4
Weight: 10%
Each group will sit on two panels throughout the semester and critique a presentation delivered by another group. The time allowed for this is 10 minutes for the whole group. The panel is given the same questions as the presenters and must research the topic in a lot of detail to equip them with the knowledge to ask the presenters questions, make comments and suggestions or even disagree with what the presenters have said, The panellists are awarded marks for how well they can demonstrate their knowledge of the subject under discussion. Each member is expected to make at least two comments or questions. If a member makes no statement or comment they will receive no marks. More marks are awarded for the more insightful comments or questions.
Due: University Examination Period
Weighting: 45%
Final examination
Due Date: Final Examination
Weight: 45%
The final exam will consist of two parts. Part A will consist of 30 multiple choice questions worth half a mark each and Part B will consist of written responses to legal problems and will be worth 30%. Each student will receive two crib sheets in week 12 which they can take into the exam but are only permitted to hand write notes on these sheets. The topics covered in this exam are contract law, consumer protection and agency law. The material covered in the first 6 weeks is not re-examined again in the final exam. The exam will be 3 hours and 10 minutes in duration.
Irrespective of the total marks scored in the unit, students MUST PASS THE FINAL EXAMINATION and achieve an overall pass mark to gain a passing grade in this unit.
You are expected to present yourself for examination at the time and place designated in the Final Examination Timetable. The timetable will be available in Provisional form approximately in week ten of this Session. You will have 1 week to give feedback to the Student Administration Manager. Prior to the examination period, you should ensure that you are familiar with the Examination Regulations. You can find these under Exam Information on the Student Portal Noticeboard.
The examination timetable is produced to provide the maximum number of students with the least number of consecutive examinations. It is not uncommon for students of Macquarie University at both the City and North Ryde Campuses to be required to sit two consecutive examinations. A maximum of three consecutive exams is also permitted (for example, two on one day, and one the following morning). However no student is required to sit four consecutive exams and if any student discovers their examination timetable contains four consecutive exams, they should immediately contact the Student Administration Managerto have an exam rescheduled.
Students who have not sat for the exam will be awarded a mark of 0 for the task, except for cases in which an application for special consideration is made and approved. The University’s policy on the special consideration process is available online.
You will need to lodge your request for special consideration by logging into http://ask.mq.edu.au with your OneID.
If a supplementary examination is granted as a result of the special consideration process, the examination will be scheduled after the conclusion of the official examination period.
Examination conditions Formal written exam based on Weeks 7 (Part 2) -13. Exam length:Three hours plus ten minutes reading time. Two double sided A4 handwritten 'cheat sheets' allowed (written in English). No typed or photocopied sheets allowed.
Supplementary Examination If a supplementary examination is granted as a result of the Special Consideration process the examination will be scheduled after the conclusion of the official examination period as per the Supplementary examination timetable of the Faculty. Please note the supplementary examination will be in a similiar format as the final examination. No deferred supplementary examination will be offered.
What is required to complete the unit satisfactorily
There is a requirement to pass the final examination to be awarded a final grade of a Pass or a higher grade.
There are thirteen classes this semester. Each class consists of a two hour lecture and a one hour tutorial.
The timetable for classes can be found on the MQC Student Portal at:
It is an assessment requirement that all students attend class at both the lecture and the tutorial each week.
The midterm exam will be held in week 7. Time and Day to be advised
Required and Recommended Texts and/or Materials
The prescribed text is the 2nd edition of the custom book that will be published in July 2013 and is compiled by Dr Verity Greenwood and Julian Dight and is titled “Business Law” BUSL250
This text is based on a book by “Andy Gibson & Douglas Fraser”, Business Law, (7th Ed), 2013, Pearson, Prentice Hall, Australia
All students must have a copy of this text because all the lecturers and tutorial questions will be taken from this book.
Recommended texts:
Davenport, S. and Parker, D. Business and Law in Australia (2012) Lawbook Co., Sydney (ISBN9780455229591)
Barron, M.L. Fundamentals of Business Law (7th ed. 2012) McGraw-Hill Australia
Villa, D., Annotated Civil Liability Act 2002 NSW
Krever, R., Mastering Law Studies and Law Exam Techniques, Butterworths, KU51.7.K74/2001
Crosling, G.M., and Murphy, H.M., How to Study Business Law, Butterworths, KU856.C76/2000
All prescribed textbooks will be made available to students to purchase at the Phillip Street Coop Bookshop. Students will be able to view a full list of textbooks for all units on the Noticeboard link on the Student Portal at http://student.mqc.edu.au/
Useful Internet Sites:
Finding case law and legislation: www.austlii.edu.au
Australian Law Online: www.law.gov.au
NSW Legislation: www.legislation.nsw.gov.au
Other references: CCH Macquarie Dictionary of Business (contains legal terms as well as other business terms).
The Macquarie University library’s Information and Technology Training Unit (ITTU) provides a range of computing and library research skills. ITTU web page: http://www.lib.edu.au/support or phone 9850-7399.
Unit Schedule
Week Beginning: |
Topic |
Readings |
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Week 1
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What is Law? Introduction to course, including discussion of assessment, study skills and Legal & Business Ethics. Discussion of two cases on Insider Trading |
TWO CASE STUDIES |
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Week 2
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Australian Legal System; Statute law, Common law, Role of Courts, Legal profession, Separate of Powers, Court Hierarchy and the role of the High Court of Australia
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Chapters 1, 2, 3, 4 & 5 |
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Week 3
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Introduction to the law of torts; direct and Indirect Torts Tort of Negligence including the 5 step process on how to answer a negligence problem, Civil Liability Act 2002. |
Chapters 6 & 7 |
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Week 4
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Application of Negligence to Business, Intentional Torts. |
Chapters 8 & 9 |
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Week 5
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Introduction to Property Law; Differences between land and goods, concept of possession, choses in action, choses in possession, land ownership, mortgages, leases & licenses, Residential Tenancy Legislation.
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Chapter 23
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Week 6
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Introduction to Intellectual Property: Patents, Copyright, Trademarks and Confidential Information |
Chapter 24 |
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Week 7
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*Mid-session Exam* to be confirmed in Week 2, exam will be outside of normal class time.
Introduction to Contract Law; Intention, Agreement & Consideration |
Chapters 11, 12, 13 |
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Week 8
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Genuine Consent: including Mistake, Misrepresentation, Undue influence, Duress and Unconscionability |
Chapter 15 |
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Week 9
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Legality and object of form, Construction of the contract |
Chapters 16, 17 |
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Week 10
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Discharge and Remedies for Breach of contract |
Chapters 18, 19 |
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Week 11
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Competition and Consumer Act 2010 (Cth), Sections S18, S20-22, S29, S35, S44-46, S207, S208, S209, S212, S218, S223, S232, S236, S237, S239, S246.
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Chapter 21 |
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Week 12
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Law of Agency; Principle and Agent |
Chapter 22 |
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Week 13
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PRACTICE FINAL EXAM IN CLASS |
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Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Grades
Macquarie University uses the following grades in coursework units of study:
· HD - High Distinction
· D - Distinction
· CR - Credit
· P - Pass
· F – Fail
Grade descriptors and other information concerning grading are contained in the Macquarie
University Grading Policy which is available at:
http://www.mq.edu.au/policy/docs/grading/policy.html
For further information, please refer to the following link:
http://universitycouncil.mq.edu.au/legislation.html
Grade Appeals and Final Examination Script Viewing
If, at the conclusion of the unit, you have performed below expectations, and are considering lodging an appeal of grade and/or viewing your final exam script please refer to the following website which provides information about these processes and the cut off dates in the first instance. Please read the instructions provided concerning what constitutes a valid grounds for appeal before appealing your grade.
http://www.city.mq.edu.au/reviews-appeals.html
Attendance at Macquarie City Campus
All Students are required to attend at least 80% of the scheduled course contact hours each Session. Additionally Macquarie City Campus monitors the course progress of international students to ensure that the student complies with the conditions of their visa relating to attendance.
This minimum level of attendance includes all lectures and tutorials. Tutorial attendance will be recorded weekly. If any scheduled class falls on a public holiday this will be rescheduled as advised by your Lecturer. Attendance at any mid-Session or in-class test is compulsory unless otherwise stated.
Unavoidable non-attendance due to illness or circumstances beyond your control must be supported by appropriate documentation to be considered for a supplementary test. Other non-attendance will obtain zero for the test. You should refer to the section above on Special Consideration for more details about this.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
Student Support at Macquarie City Campus
Students who require assistance are encouraged to contact the Student Services Manager at Macquarie City Campus. Please see reception to book an appointment.
Macquarie University provides a range of Academic Student Support Services. Details of these services can be accessed at http://students.mq.edu.au/support/
At any time students (or groups of students) can book our Student Advising rooms on Level 6 by emailing info@city.mq.edu.au with a day and time and nominated contact person. There are additional student study spaces available on Level 1.
Macquarie University Campus Wellbeing also has a presence on the City Campus each week. If you would like to make an appointment, please email info@city.mq.edu.au or visit their website at: http://www.campuslife.mq.edu.au/campuswellbeing
StudyWISE provides:
· Online learning resources and academic skills workshops http://www.mq.edu.au/learning_skills
· Personal assistance with your learning & study related questions
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
IT Help at Macquarie City Campus
If you wish to receive IT help, we would be glad to assist you at http://informatics.mq.edu.au/help/ or call 02 9850-4357.
When using the university's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students and it outlines what can be done.
Students must use their Macquarie University email addresses to communicate with staff as it is University policy that the University issued email account is used for official University communication.
Students are expected to act responsibly when utilising Macquarie City Campus IT facilities. The following regulations apply to the use of computing facilities and online services:
· Accessing inappropriate web sites or downloading inappropriate material is not permitted.
· Material that is not related to coursework for approved unit is deemed inappropriate.
· Downloading copyright material without permission from the copyright owner is illegal, and strictly prohibited. Students detected undertaking such activities will face disciplinary action, which may result in criminal proceedings.
Non-compliance with these conditions may result in disciplinary action without further notice.
If you would like to borrow headphones for use in the Macquarie City Campus computer labs (210, 307, 311, 608) at any point, please ask at Level 2 Reception. You will be required to provide your MQC Student ID card. This will be held as a deposit while using the equipment.
For assistance in the computer labs, please see a Lab Demonstrator (usually they can be found in Lab 311, otherwise ask at Level 2 Reception).
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.
This graduate capability is supported by:
This Unit has been designed as a 3 credit point undergraduate Unit, requiring the equivalent of 13 weeks of work over one session. Being a three credit-points Unit you should expect to spend a minimum of 9 hours per week to meet the requirements of the Unit.
As you work through the Unit, try to:
In completing the Unit, you are expected to: