Session 2 Learning and Teaching Update
The decision has been made to conduct study online for the remainder of Session 2 for all units WITHOUT mandatory on-campus learning activities. Exams for Session 2 will also be online where possible to do so.
This is due to the extension of the lockdown orders and to provide certainty around arrangements for the remainder of Session 2. We hope to return to campus beyond Session 2 as soon as it is safe and appropriate to do so.
Some classes/teaching activities cannot be moved online and must be taught on campus. You should already know if you are in one of these classes/teaching activities and your unit convenor will provide you with more information via iLearn. If you want to confirm, see the list of units with mandatory on-campus classes/teaching activities.
Visit the MQ COVID-19 information page for more detail.
Unit convenor and teaching staff |
Unit convenor and teaching staff
Adrian Coorey
Madeline Taylor
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Credit points |
Credit points
10
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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)
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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:
ASSESSMENT ONE: PRESENTATION
Assessment Type |
Presentation |
Indicative Time on Task |
6 hours |
Assessment Weight |
20% |
Start |
Week 2 |
Finish |
Week 12 |
Presentation Time |
10 minutes |
Submission |
No Submission Required |
Each student must complete a ten minute online presentation in a tutorial class (usually in the later half of the tutorial class) on any week between Week 2 (i.e. Monday, 2nd August, 2021) and Week 12 (25th October, 2021).
You can use power-point slides, but you must only present with a maximum of ten slides. You may also show a short video in your presentation if you wish, but keep the video to less than 2 minutes. You may also want to be creative and include a questionnaire at the end, or a quiz at the start (but this is entirely optional).
You must select a case on an interesting topic in Commercial Law. The case must be selected from the prescribed text.
There will be no more than 10 presentations per session. Each student must select a different case to another student (‘first come, first serve’). There will be a link and a list uploaded to iLearn, where you can insert the following:
Name: John Lennon
Case Name: E v Australian Red Cross Society (1992) 31 FCR 299.
Case Topic: Meaning of acceptable quality
Week Presenting: Week 7
Please do not present for more than 10 minutes. The usual structure of a presentation is: (i) facts of the case; (ii) legal issues; (iii) judgment; and (iv) any implications of the case (and why you consider it important or an interesting case to present on).
Questions will be asked by the Unit Coordinator at the end of your presentation, and from your colleagues in class.
Marking Criteria: Marks will be based on the quality of the presentation and how well you ’master’ the topic of the case, and how well you respond to questions from the Unit Coordinator and the class at the end of your presentation. Marks will not be awarded for reading off paper.
ASSESSEMENT TWO: RESEARCH ESSAY
Assessment Type |
Research Essay |
Indicative Time on Task |
32 hours |
Assessment Weight |
40% |
Start |
9am, Monday 26 July 2021 |
Due |
5pm, Monday 20th September 2021 |
Assessment Question |
See Question Below |
Word Count |
2,500 (inclusive of headings and sub-headings, but exclusive of footnotes) |
Submission |
Turnitin |
Submission Format |
There are strict formatting requirements with which students are required to comply.
The unit coordinator reserves the right to refuse to mark assignments that are not submitted in accordance with formatting requirements: § Ensure your full name and student number appears on the footer of each page. § Do not manipulate the margins of the page. § Conform to a standard size and type of font such as 11.5-12 point fonts in Calibri, Arial or Times New Roman. § Assignments must be one and a half spaced or double spaced. § Number all pages consecutively. § Students must use footnotes in accordance with the AGLC. Do not annotate footnotes. § No bibliography required |
Assessment Question Explain the nemo dat quod non habet rule and the statutory and common law exceptions to this rule. Do you agree that the exceptions to the nemo dat rule are ‘piece meal’, overly complex and in some instances confusing? Are the exceptions necessary, and/or in need of statutory reform? |
Marking criteria: Further guidance on marking criteria will be provided on iLearn. A rubic will also be uploaded.
ASSESSMENT THREE: HYPOTHETICAL PROBLEM QUESTIONS
Assessment Type |
Hypothetical problem questions |
Indicative Time on Task |
32 hours |
Assessment Weight |
40% |
Start |
9am, Wednesday 3rd November 2021 |
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5pm, Friday 5th November 2021 |
Assessment Question |
Available online at start date |
Word Count |
2,500 (inclusive of headings and sub-headings, but exclusive of footnotes) |
Submission |
Turnitin |
Submission Format |
There are strict formatting requirements with which students are required to comply.
The unit coordinator reserves the right to refuse to mark assignments that are not submitted in accordance with formatting requirements: § Ensure your full name and student number appears on the footer of each page. § Do not manipulate the margins of the page. § Conform to a standard size and type of font such as 11.5-12 point fonts in Calibri, Arial or Times New Roman. § Assignments must be one and a half spaced or double spaced. § Number all pages consecutively. § Students must use footnotes in accordance with the AGLC. Do not annotate footnotes. § No bibliography required |
Information about the final assessment will be uploaded on iLearn in due course. The Unit Coordinator will upload an ‘Information and Hints Sheet’ in Week 13.
Marking criteria: Marks will be primarily awarded for issue identification and analysis and robust application of the law to the facts given. Marks will be ancillary awarded for structure, presentation and footnotes. Further guidance on marking criteria will be provided on iLearn. A rubic will also be uploaded.
IMPORTANT INFORMATION ABOUT LATE SUBMISSION OF ASSESSMENT
Unless a Disruption to Studies request has been submitted and approved, (a) a penalty for lateness will apply - 10 marks out of 100 credit will be deducted per day for assessments submitted after the due date - and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline.
Name | Weighting | Hurdle | Due |
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Presentation | 20% | No | Weeks 2 - 12 |
Research Essay | 40% | No | 5pm, Monday 20th September 2021 |
Hypothetical Problem Question | 40% | No | 5pm, Friday 5th November 2021 |
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.
Assessment Type 1: Essay
Indicative Time on Task 2: 32 hours
Due: 5pm, Monday 20th September 2021
Weighting: 40%
Students are required to prepare a research essay on an aspect of the unit.
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 32 hours
Due: 5pm, Friday 5th November 2021
Weighting: 40%
Students are required to solve a hypothetical problem.
1 If you need help with your assignment, please contact:
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
Lectures are available for Week 1 to Week 12.
Lectures are pre-recorded and uploaded on iLearn each week.
Tutorials are on a weekly basis starting from Week 1 to Week 13. Tutorial times are 3pm to 4pm each week.
For the infrequent mode of teaching, tutorials are on Weeks 2, 4, 6, 8, 10 and 12. Tutorial times are 7pm to 9pm each week of teaching the infrequent mode.
Attendance is compulsory.
LEARNING RESOURCES
Prescribed Text: The required text is Clive Turner and John Trove, Australian Commercial Law (33rd Edition) (Thomson Reuter, Sydney, 2020).
Recommended Material: Jurisprudentia, Commercial Law I and II (Student Guide Cards, Sydney, 2021) (Optional);
G. Pearson, Commercial Law - Commentary and Materials (4th ed) (Thomson Reuters, Sydney, 2019) (Optional).
D. Parker and L Ward, Business and Law (3rd ed) (Thomson Reuters, Sydney, 2020) (Optional).
Topic |
Week |
Topic |
1 |
26th July |
The Concept and Nature of Personal Property |
2 |
2nd August |
Engaging in dealings in choses in possession |
3 |
9th August |
Agency |
4 |
16th August |
Bailment |
5 |
23rd August |
Sale of Goods I |
6 |
30th August |
Sale of Goods II |
7 |
6th September |
Sale of Goods III |
8 |
27th September |
E-Commerce |
9 |
4th October |
Security interests over personal property |
10 |
11th October |
Negotiable Instruments and Guarantees |
11 |
18th October |
Insurance |
12 |
25th October |
Bankruptcy |
13 |
1st November |
NO LECTURE THIS WEEK |
Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct
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
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 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.
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
If you are a Global MBA student contact globalmba.support@mq.edu.au
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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.
Date | Description |
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07/07/2021 | There was an incorrect date on Topic List for the week concerning Bankruptcy. The correct date is the 25th Oct (not 15th Oct). |
Unit information based on version 2021.01R of the Handbook