Students

LAW 471 – Foundations of Commercial Law

2012 – D2

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
Credit points Credit points
3
Prerequisites Prerequisites
6cp in LAW units at 300 level (P)
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
The unit begins with an historical introduction to commercial law and then proceeds to examine its purpose, who uses it, how far it should extend and the role and effect of lawyers on commercial law and the market place. The second half of the unit has a detailed examination of the sale of goods and other important commercial areas such as agency, insurance law, negotiable instruments, security over goods and bankruptcy. Particular emphasis is placed on the relationship between the common law in these areas and the working of the market.

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:

  • an understanding of the historical development of commercial law, its conceptual underpinnings and an idea of where it might be headed in the future
  • An appreciation for 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
  • A thoughtful approach to their role as a commercial lawyer or as a user of commercial law in commercial transactions
  • increased understanding of specific issues in contract law
  • strong foundational understanding of the law relating to the major commercial transactions
  • increased confidence in the presentation and communication of legal and commercial information

Assessment Tasks

Name Weighting Due Groupwork/Individual Short Extension AI Approach
Research essay 30% Week 7 - date TBA No
Tutorial participation 10% Weeks 3 - 13 No
Final examination 60% Exam period - final date TBA No

Research essay

Due: Week 7 - date TBA
Weighting: 30%
Groupwork/Individual:
Short extension 3: No
AI Approach:

The essay will be based on the material covered in the first 2 lectures.  Please check length, submission and formatting requirements on the essay question carefully.


On successful completion you will be able to:
  • an understanding of the historical development of commercial law, its conceptual underpinnings and an idea of where it might be headed in the future
  • An appreciation for 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
  • A thoughtful approach to their role as a commercial lawyer or as a user of commercial law in commercial transactions

Tutorial participation

Due: Weeks 3 - 13
Weighting: 10%
Groupwork/Individual:
Short extension 3: No
AI Approach:

Class participation marks will be divided equally (5 marks each) between your participation on an “experts panel” for two tutorial topics. The experts on the panel will be expected to lead discussion and answer questions about the material for their topics. Marks will be awarded individually. Allocation of topics will be made in the first tutorial (internal students) or by notification on the unit webpage (external students)


On successful completion you will be able to:
  • An appreciation for 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
  • A thoughtful approach to their role as a commercial lawyer or as a user of commercial law in commercial transactions
  • increased understanding of specific issues in contract law
  • strong foundational understanding of the law relating to the major commercial transactions
  • increased confidence in the presentation and communication of legal and commercial information

Final examination

Due: Exam period - final date TBA
Weighting: 60%
Groupwork/Individual:
Short extension 3: No
AI Approach:

The take home will consist of 1 hypothetical and one or more short answer questions. Electronic submission is required through the unit webpage. Please check length, submission and formatting requirements on the take home question carefully


On successful completion you will be able to:
  • strong foundational understanding of the law relating to the major commercial transactions

Delivery and Resources

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

 

PC and Internet access are required. Basic computer skills (e.g., internet browsing) and skills in word processing are also a requirement.

Please consult teaching staff for any further, more specific requirements

Unit Schedule

 

TOPIC

SUBJECTS

1

 Introduction to the Unit

 The History and Essential Foundations of Commercial Law

 The Australian Perspective

   

2

Commercial Law in Theory and Practice

The Law of Contract: Issues for Commercial Law

3

The Nature of Personal Property

Transfer of Ownership of Personal Property

 

4

Bailment

Agency

 

5

Sale of Goods

The Contract for Sale of Goods

Transfer of title

 

6

Sale of Goods

Reservation of title

Transfer by Non Owner

 

7

Sale of Goods

Express and Implied Terms

 

8

The International Perspective

International sales, payments and transport

9

Security interests over personal property

Guarantees

10

Negotiable Instruments I

Negotiable Instruments II – Cheques

 

11

Insurance

 

12

Bankruptcy

 

 

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://www.mq.edu.au/policy/docs/academic_honesty/policy.html

Assessment Policy  http://www.mq.edu.au/policy/docs/assessment/policy.html

Grade Appeal Policy http://www.mq.edu.au/policy/docs/gradeappeal/policy.html

Special Consideration Policy http://www.mq.edu.au/policy/docs/special_consideration/policy.html

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Student Support

Macquarie University provides a range of Academic Student Support Services. Details of these services can be accessed at: http://students.mq.edu.au/support/.

UniWISE provides:

  • Online learning resources and academic skills workshops http://www.mq.edu.au/learning_skills/
  • Personal assistance with your learning & study related questions.
  • The Learning Help Desk is located in the Library foyer (level 2).
  • Online and on-campus orientation events run by Mentors@Macquarie.

Student Services and Support

Students with a disability are encouraged to contact the Disability Support Unit who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

Details of these services can be accessed at http://www.student.mq.edu.au/ses/.

IT Help

If you wish to receive IT help, we would be glad to assist you at http://informatics.mq.edu.au/help/

When using the university's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students and it outlines what can be done.

Graduate Capabilities

Commitment to Continuous Learning

Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and socially.

This graduate capability is supported by:

Learning outcomes

  • an understanding of the historical development of commercial law, its conceptual underpinnings and an idea of where it might be headed in the future
  • increased understanding of specific issues in contract law

Discipline Specific Knowledge and Skills

Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.

This graduate capability is supported by:

Learning outcomes

  • an understanding of the historical development of commercial law, its conceptual underpinnings and an idea of where it might be headed in the future
  • An appreciation for 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
  • A thoughtful approach to their role as a commercial lawyer or as a user of commercial law in commercial transactions
  • increased understanding of specific issues in contract law
  • increased confidence in the presentation and communication of legal and commercial information

Assessment tasks

  • Research essay
  • Tutorial participation
  • Final examination

Critical, Analytical and Integrative Thinking

We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.

This graduate capability is supported by:

Learning outcomes

  • An appreciation for 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
  • A thoughtful approach to their role as a commercial lawyer or as a user of commercial law in commercial transactions

Assessment tasks

  • Research essay
  • Final examination

Problem Solving and Research Capability

Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.

This graduate capability is supported by:

Learning outcomes

  • increased understanding of specific issues in contract law
  • strong foundational understanding of the law relating to the major commercial transactions

Assessment tasks

  • Research essay
  • Tutorial participation
  • Final examination

Creative and Innovative

Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.

This graduate capability is supported by:

Learning outcome

  • increased understanding of specific issues in contract law

Effective Communication

We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.

This graduate capability is supported by:

Learning outcome

  • increased confidence in the presentation and communication of legal and commercial information

Assessment task

  • Tutorial participation

Engaged and Ethical Local and Global citizens

As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.

This graduate capability is supported by:

Learning outcomes

  • An appreciation for 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
  • A thoughtful approach to their role as a commercial lawyer or as a user of commercial law in commercial transactions