Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Shayne Davenport
Contact via shayne.davenport@mq.edu.au
By appointment
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
(16cp LAW or LAWS units at 600 level or above including LAWS803) or admission to MIntTrdeComLaw
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
The unit begins with an examination of the historical and theoretical framework of commercial law. The completing claims of predictability and certainty with principles such as good faith, fairness and reasonableness are analysed. A critical approach to the existing law of contract concentrating on methods of interpretation in the commercial context completes this part of the unit. Students then undertake a detailed study of the law of common commercial relationships and transactions such as principal and agent, commercial sale of goods, negotiable instruments, insurance and bankruptcy.
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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:
NOTE CLOSELY
In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero. Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.
Word limits will be strictly applied and work above the word limit will not be marked.
All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.
Moderation
Detailed marking rubrics will be made available on iLearn and on the final take home exam. Markers in this unit undertake a process of 'blind marking' to establish a common marking standard and all Fail papers are double marked.
Name | Weighting | Hurdle | Due |
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Research essay | 40% | No | Wednesday 13 September, 5pm |
Tutorial participation | 20% | No | weeks 3 - 13 |
Final take home examination | 40% | No | Tuesday 14 November, 10pm |
Due: Wednesday 13 September, 5pm
Weighting: 40%
The essay question will require students to investigate the theoretical underpinnings of Australian contract law in its application to commercial transactions. Some background to the topic will be provided in first 3 lectures. Word limit 2000 words. AGLC 3 referencing required. Further information will be available on ilearn and on the essay question itself.
Due: weeks 3 - 13
Weighting: 20%
Participation marks will be awarded as follows:
Due: Tuesday 14 November, 10pm
Weighting: 40%
The final assessment will consist of one or more hypothetical problem questions and will be based on the material in lecture weeks 4 - 12. The question will be available at 2pm on Tuesday 14 November, 2017 and will be due at 10pm on the same day. Word limit 2000 words including footnotes. AGLC citation is not required for this assessment. Further information will be provided prior to the examination
Delivery and Resources
Lectures are pre-recorded and loaded onto the ilearn page each week. Lectures will be available in weeks 1 - 12. . The schedule of topics to be covered in the lectures, and notes on required and extended readings, will be available in detail on iLearn. A list of covered topics is provided below in the Unit Schedule.
Weekly one hour tutorials begin in Week 2 and finish in Week 13.
Students require access to a computer and a secure and reliable internet provider.
Online units can be accessed at: http://ilearn.mq.edu.au/.
The required text is Samantha Traves, Commercial Law, 4th ed, 2016 LexisNexis. The text will be used from Week 4. Additional material is to be found on the unit ilearn webpage.
The on campus session for external students will be held on Saturday 16 September and Sunday 17 September, 2017 from 9.30am to 4.30pm. Please check room location closer to the time of session at timetables.mq.edu.au. Attendance is compulsory in order that students may complete tutorial presentations and participation. In the absence of a successful application for special consideration and completion of required additional work, students who do not attend the compulsory on campus session will receive a mark of 0 / 20 for participation.
TOPIC |
DATE: week beginning |
ISSUES |
1 |
31/7 |
Introduction to the Unit The history and essential foundations of commercial law The Australian perspective
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2 |
7/8 |
Commercial law in theory and practice
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3 |
14/8 |
Commercial law in theory and practice (cont) The law of contract: Current issues for commercial law
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4 |
21/8 |
Bailment Agency
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5 |
28/8 |
Review of personal property; accession, specification and intermixture Sale of goods Jurisdiction The contract for sale of goods; delivery
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6 |
4/9 |
Sale of Goods (cont) Express and implied terms
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7 |
11/9 |
Sale of Goods (cont) Transfer of property and title in goods |
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MID SEMESTER BREAK |
8 |
2/10 |
International sale of goods; The Contract for International Sale of Goods (CISG); UNIDROIT; INCOTERMS |
9 |
9/10 |
Security interests over personal property
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10 |
16/10 |
Guarantees and introduction to banking law
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11 |
23/10 |
Insurance
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12 |
30/10 |
Bankruptcy |
13 |
6/11 |
NO LECTURE THIS WEEK |
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_2016.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html
Disruption to Studies Policy (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html
Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration
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/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
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
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
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