Students
LAWS8023 – Commercial Law
2020 – Session 2, Special circumstance, Other
Notice
As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group learning activities on campus for the second half-year, while keeping an online version available for those students unable to return or those who choose to continue their studies online.
To check the availability of face to face activities for your unit, please go to timetable viewer. To check detailed information on unit assessments visit your unit's iLearn space or consult your unit convenor.
General Information
Download as PDF
| Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Mirella Atherton
Contact via Please contact via email
|
|---|---|
| Credit points |
Credit points
10
|
| Prerequisites |
Prerequisites
(Admission to JD and 80cp in LAWS or LAW units at 6000 level or above including LAWS803 or LAWS8030) or (admission to LLM or MInTrdeComLaw)
|
| 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:
- ULO1: 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.
- ULO2: 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.
- ULO3: Articulate and critique aspects of Australian contract law’s approach to the governance of commercial transactions and compare international and soft law alternatives.
- ULO4: Solve complex problems in the area of commercial law demonstrating ability to identify key legal issues.
General Assessment Information
Macquarie Law School Assessment Policy
Late Submission Penalty
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests and the final take home examination.
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 guidelines will be made available on iLearn. The convenors moderate all assessments. All Fail research essays and take-home exams are double marked.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Presentation | 20% | No | Weeks 2- 12 |
| Research Essay | 40% | No | Wednesday 23rd September 11.59pm |
| Hypothetical Problem Question | 40% | No | Wednesday 11th November 11.59pm |
Presentation
Assessment Type 1: Presentation
Indicative Time on Task 2: 6 hours
Due: Weeks 2- 12
Weighting: 20%
Students are required to do a presentation on an aspect of the unit.
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.
Research Essay
Assessment Type 1: Essay
Indicative Time on Task 2: 32 hours
Due: Wednesday 23rd September 11.59pm
Weighting: 40%
Students are required to prepare a research essay on an aspect of the unit.
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.
Hypothetical Problem Question
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 32 hours
Due: Wednesday 11th November 11.59pm
Weighting: 40%
Students are required to solve a hypothetical problem.
On successful completion you will be able to:
- Solve complex problems in the area of commercial law demonstrating ability to identify key legal issues.
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
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 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. Required readings will be notified on iLearn.
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 David Parker and Lisa Ward, Business and Law in Australia, 3rd ed, 2020, Thomson Reuters. Additional materials are to be found on the iLearn webpage.
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 online session will receive a mark of 0 / 20 for participation.
Unit Schedule
|
TOPIC |
DATE: week beginning |
ISSUES |
|
1 |
29/7 |
Introduction to the Unit The history and essential foundations of commercial law The Australian perspective
|
|
2 |
5/8 |
Commercial law in theory and practice
|
|
3 |
12/8 |
Commercial law in theory and practice (cont) The law of contract: Current issues for commercial law
|
|
4 |
19/8 |
Bailment Agency
|
|
5 |
26/8 |
Revision of personal property; accession, specification and intermixture Sale of goods The contract for sale of goods
|
|
6 |
2/9 |
Sale of Goods (cont) Reservation of title Transfer by Non Owner
|
|
7 |
9/9 |
Sale of Goods (cont) Express and implied terms of the contract |
|
|
|
MID SEMESTER BREAK |
|
8 |
30/9 |
International sale of goods; The Contract for International Sale of Goods (CISG); UNIDROIT; INCOTERMS |
|
9 |
7/10 |
Security interests over personal property
|
|
10 |
14/10 |
Bills of Exchange; Guarantees and Introduction to banking law
|
|
11 |
21/10 |
Insurance
|
|
12 |
28/10 |
Bankruptcy |
|
13 |
4/11 |
NO LECTURE THIS WEEK |
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy (Note: The Special Consideration Policy is effective from 4 December 2017 and replaces the Disruption to Studies Policy.)
Students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/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/study/getting-started/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@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 help you improve your marks and take control of your study.
The Library provides online and face to face support to help you find and use relevant information resources.
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
If you are a Global MBA student contact globalmba.support@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.
Changes from Previous Offering
The new edition of Business and Law in Australia has been prescribed.