Unit Guide

General Information

Unit convenor and teaching staff	Unit convenor and teaching staff Unit Convenor Shayne Davenport shayne.davenport@mq.edu.au Contact via shayne.davenport@mq.edu.au W3A 522 Friday 1pm - 2pm
Credit points	Credit points 4
Prerequisites	Prerequisites 16cp LAW or LAWS units at 600 level or above including LAWS803
Corequisites	Corequisites
Co-badged status	Co-badged status
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.

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	Due
Research essay	40%	Tuesday 3 January, 2017
Tutorial participation	20%	On campus session
Class test	20%	On campus session
Final take home examination	20%	Monday 30 January 4pm

Research essay

Due: Tuesday 3 January, 2017
Weighting: 40%

The essay will be based on the material covered in the first 3 lectures and will involve an analytical response to a current issue in contract law. Word limit 2000 words. 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: On campus session
Weighting: 20%

Participation marks will be awarded as follows:

10% for a group on one topic's content. questions.The experts on the panel will be expected to lead discussion and answer questions about the material for their topic. Marks will be awarded individually. Allocation of topics for experts panels will be made in mid December, after enrolments close.
10% for individual participation at the external on campus session.

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

Class test

Due: On campus session
Weighting: 20%

Students will take the 1 hour class test at the end of the on campus session. It will cover Topics 4 - 8 inclusive (bailment, agency, sale of goods, security over personal property) and will take the form of one or more hypothetical or short answer questions. Please note that you will need to bring a laptop to the session in order to take the class test and submit it through turnitin

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

Final take home examination

Due: Monday 30 January 4pm
Weighting: 20%

The final examination will consist of one hypothetical problem question and one short response question. It will be based on the material in the final two topics, Insurance and Bankruptcy. The question will be available at 2pm on Monday 30 January and will be due at 4pm on the same day. Word limit 1000 words.

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

Online units can be accessed at: http://ilearn.mq.edu.au/.

The required text is Davenport, S & Parker, D, Business and Law in Australia, 2nd edition Law Book Co, 2015. The text will be used from Week 4. Additional material is to be found on the unit ilearn webpage.

There are two streams of on campus sessions for this unit. The dates are Monday 16 and Tuesday 17 January OR Saturday 21 and Sunday 22 January. These are the only dates on which attendance is required. Individual appointments with the convenor will be available at various times on Wednesday 23 January.

Unit Schedule

TOPIC

	Suggested date for completion	ISSUES
1	Sunday 11 December	Introduction to the Unit The History and Essential Foundations of Commercial Law The Australian Perspective
2	Sunday 11 December	Commercial Law in Theory and Practice
3	Sunday 18 December	Commercial Law in Theory and Practice (cont) The Law of Contract: Current Issues for Commercial Law
4	Sunday 1 January	Bailment Agency
5	Sunday 1 January	Sale of Goods The Contract for Sale of Goods Transfer of title
	TUESDAY 3 JANUARY	FIRST WRITTEN ASSESSMENT – RESEARCH ESSAY DUE
6	Sunday 8 January	Sale of Goods Reservation of title Transfer by Non Owner
7	Sunday 8 January	Sale of Goods Express and Implied Terms
8	Sunday 15 January	Security interests over personal property
9	Sunday 15 January	International sale of goods
	TUESDAY 17 JANUARY OR SUNDAY 22 JANUARY	SECOND WRITTEN ASSESSMENT – CLASS TEST
10	Monday 30 January	Insurance
11	Monday 30 January	Bankruptcy
	MONDAY 30 JANUARY	THIRD ASSESSMENT – TAKE HOME EXAM

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

New Assessment Policy in effect from Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy_2016.html. For more information visit http://students.mq.edu.au/events/2016/07/19/new_assessment_policy_in_place_from_session_2/

Assessment Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy.html

Grading Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/grading/policy.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 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.

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
Class test
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 outcome

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

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

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
Class test
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

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 advanced skills in the communication of legal and commercial information through class presentations and participation

Assessment tasks

Research essay
Tutorial participation
Class test
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 outcome

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.

Assessment task

Research essay