Students
LAWS823 – Commercial Law
2017 – S2 Day
General Information
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| 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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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- Demonstrate a sophisticated understanding of the historical and theoretical development of commercial law and articulate a view of whether commercial law should be treated differently to other areas of law.
- Communicate a considered opinion about the role that commercial law plays in commercial relationships and also the importance of factors other than the law in forming and maintaining these relationships
- Articulate and critique aspects of Australian contract law’s approach to the governance of commercial transactions and compare international and soft law alternatives
- Demonstrate practitioner level understanding of the law relating to the major commercial transactions
- Solve complex problems in the area of commercial law demonstrating practitioner level ability to identify issues
- Demonstrate advanced skills in the communication of legal and commercial information through class presentations and participation
General Assessment Information
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.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| 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 |
Research essay
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.
On successful completion you will be able to:
- Demonstrate a sophisticated understanding of the historical and theoretical development of commercial law and articulate a view of whether commercial law should be treated differently to other areas of law.
- Communicate a considered opinion about the role that commercial law plays in commercial relationships and also the importance of factors other than the law in forming and maintaining these relationships
- Articulate and critique aspects of Australian contract law’s approach to the governance of commercial transactions and compare international and soft law alternatives
- Demonstrate advanced skills in the communication of legal and commercial information through class presentations and participation
Tutorial participation
Due: weeks 3 - 13
Weighting: 20%
Participation marks will be awarded as follows:
- 10% for an individual presentation on one of the tutorial questions. Allocation of topics will be made in tutorials in week 2 for internal students and by announcement on the unit webpage for external students
- 10% for individual participation (weeks 1 - 13) and at the external on campus session (external students)
On successful completion you will be able to:
- Communicate a considered opinion about the role that commercial law plays in commercial relationships and also the importance of factors other than the law in forming and maintaining these relationships
- Articulate and critique aspects of Australian contract law’s approach to the governance of commercial transactions and compare international and soft law alternatives
- Demonstrate practitioner level understanding of the law relating to the major commercial transactions
- Solve complex problems in the area of commercial law demonstrating practitioner level ability to identify issues
- Demonstrate advanced skills in the communication of legal and commercial information through class presentations and participation
Final take home examination
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
On successful completion you will be able to:
- Demonstrate practitioner level understanding of the law relating to the major commercial transactions
- Solve complex problems in the area of commercial law demonstrating practitioner level ability to identify issues
- Demonstrate advanced skills in the communication of legal and commercial information through class presentations and participation
Delivery and Resources
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.
Unit Schedule
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TOPIC |
DATE: week beginning |
ISSUES |
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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 |
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8 |
2/10 |
International sale of goods; The Contract for International Sale of Goods (CISG); UNIDROIT; INCOTERMS |
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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 |
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13 |
6/11 |
NO LECTURE THIS WEEK |
Policies and Procedures
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.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results
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.
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
IT Help
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.
Graduate Capabilities
PG - Capable of Professional and Personal Judgment and Initiative
Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.
This graduate capability is supported by:
Learning outcomes
- Demonstrate a sophisticated understanding of the historical and theoretical development of commercial law and articulate a view of whether commercial law should be treated differently to other areas of law.
- Communicate a considered opinion about the role that commercial law plays in commercial relationships and also the importance of factors other than the law in forming and maintaining these relationships
Assessment task
- Research essay
PG - Discipline Knowledge and Skills
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Learning outcomes
- Demonstrate a sophisticated understanding of the historical and theoretical development of commercial law and articulate a view of whether commercial law should be treated differently to other areas of law.
- Communicate a considered opinion about the role that commercial law plays in commercial relationships and also the importance of factors other than the law in forming and maintaining these relationships
- Demonstrate practitioner level understanding of the law relating to the major commercial transactions
- Solve complex problems in the area of commercial law demonstrating practitioner level ability to identify issues
- Demonstrate advanced skills in the communication of legal and commercial information through class presentations and participation
Assessment tasks
- Research essay
- Tutorial participation
- Final take home examination
PG - Critical, Analytical and Integrative Thinking
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Learning outcomes
- Articulate and critique aspects of Australian contract law’s approach to the governance of commercial transactions and compare international and soft law alternatives
- Demonstrate practitioner level understanding of the law relating to the major commercial transactions
- Solve complex problems in the area of commercial law demonstrating practitioner level ability to identify issues
- Demonstrate advanced skills in the communication of legal and commercial information through class presentations and participation
Assessment tasks
- Research essay
- Final take home examination
PG - Research and Problem Solving Capability
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Learning outcomes
- Articulate and critique aspects of Australian contract law’s approach to the governance of commercial transactions and compare international and soft law alternatives
- Demonstrate practitioner level understanding of the law relating to the major commercial transactions
- Solve complex problems in the area of commercial law demonstrating practitioner level ability to identify issues
Assessment tasks
- Tutorial participation
- Final take home examination
PG - Effective Communication
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Learning outcomes
- Demonstrate a sophisticated understanding of the historical and theoretical development of commercial law and articulate a view of whether commercial law should be treated differently to other areas of law.
- Communicate a considered opinion about the role that commercial law plays in commercial relationships and also the importance of factors other than the law in forming and maintaining these relationships
- Articulate and critique aspects of Australian contract law’s approach to the governance of commercial transactions and compare international and soft law alternatives
- Demonstrate practitioner level understanding of the law relating to the major commercial transactions
- Solve complex problems in the area of commercial law demonstrating practitioner level ability to identify issues
- Demonstrate advanced skills in the communication of legal and commercial information through class presentations and participation
Assessment tasks
- Research essay
- Tutorial participation
- Final take home examination
PG - Engaged and Responsible, Active and Ethical Citizens
Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues
This graduate capability is supported by:
Learning outcomes
- Demonstrate a sophisticated understanding of the historical and theoretical development of commercial law and articulate a view of whether commercial law should be treated differently to other areas of law.
- Communicate a considered opinion about the role that commercial law plays in commercial relationships and also the importance of factors other than the law in forming and maintaining these relationships
- Articulate and critique aspects of Australian contract law’s approach to the governance of commercial transactions and compare international and soft law alternatives
Assessment task
- Research essay