Students

LAWS5021 – Foundations of Commercial Law

2022 – Session 2, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor, Lecturer, and Tutor
Madeline Taylor
Contact via Contact via iLearn
441
6 First Walk, Room 441, Wednesday 11:00am - 12:00pm or by appointment.
Credit points Credit points
10
Prerequisites Prerequisites
130cp in LAW or LAWS units
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:

  • ULO1: Demonstrate an understanding of the historical and conceptual development of commercial law and formulate some ideas of how it might develop in the future.
  • 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: Critically appraise specific current issues in contract law particularly related to commercial transactions.
  • ULO4: Demonstrate strong foundational understanding of the law relating to the major commercial transactions in Australia.

General Assessment Information

Class participation

Assessment Type 1: Participatory task Indicative Time on Task 2: 30 hours Due: Weeks 1-12 Weighting: 20%

Tutorials are designed to extend the comprehensive and broad examination of commercial law principles provided in the lectures and required readings by creating the opportunity for students to engage in in-depth discussions of selected issues. The tutorial discussion is prompted by the consideration of relevant readings, cases, and other materials to discuss conceptual questions and solve practical hypothetical problem questions.

Students are required to listen to lectures and complete required readings to discuss the questions outlined in the tutorial questions each week. Students must participate in class discussions and tutorial questions in all tutorials by consistently demonstrating understanding and critical engagement with the required readings. 

On successful completion you will be able to:

  • Demonstrate an understanding of the historical and conceptual development of commercial law and formulate some ideas of how it might develop in the future.
  • Critically appraise specific current issues commercial transactions.
  • Demonstrate strong foundational understanding of the law relating to the major commercial transactions in Australia.
  • Apply the law to hypothetical fact situations through analogising and distinguishing.
  • Provide legal advice through properly identifying legal issue(s), applying the relevant law to the identified issues, and accurately assessing the likely outcome.
  • Present, articulate, and defend through oral legal reasoning responses to diverse commercial law questions.

Case Note

Assessment Type 1: Case study/analysis Indicative Time on Task 2: 30 hours Due: 17/09/2022 at 11.55pm Weighting: 30%

This assessment requires students to write a case note on a recent case of commercial interest advancing persuasive arguments that effectively analyses the relevant case to current policies, doctrines, and/or practices.

On successful completion you will be able to:

  • Demonstrate an understanding of the historical and conceptual development of commercial law and formulate some ideas of how it might develop in the future.
  • 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.
  • Critically appraise specific current issues in contract law particularly related to commercial transactions.
  • Demonstrate strong foundational understanding of the law relating to the major commercial transactions in Australia.

Final Unit Assessment 

Assessment Type 1: Quiz/Test Indicative Time on Task 2: 8 hours Due: 12/22/2022 Weighting: 50%

A time-limited take home assessment covering the entirety of the unit comprising an authentic professional writing task in the form of a client brief. On successful completion you will be able to:

  • Demonstrate an understanding of the historical and conceptual development of commercial law and formulate some ideas of how it might develop in the future.
  • 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.
  • Critically appraise specific current issues in contract law particularly related to commercial transactions.
  • Demonstrate strong foundational understanding of the law relating to the major commercial transactions in Australia.

Assessment Tasks

Name Weighting Hurdle Due
Participation. 20% No Ongoing
Case Note 30% No 17/09/2022 at 11:55pm
Final Unit Assessment 50% No 12/11/2022

Participation.

Assessment Type 1: Participatory task
Indicative Time on Task 2: 30 hours
Due: Ongoing
Weighting: 20%

 

In class tutorial discussions, problem solving tasks, and conceptual questions.

 


On successful completion you will be able to:
  • Demonstrate an understanding of the historical and conceptual development of commercial law and formulate some ideas of how it might develop in the future.
  • Critically appraise specific current issues in contract law particularly related to commercial transactions.
  • Demonstrate strong foundational understanding of the law relating to the major commercial transactions in Australia.

Case Note

Assessment Type 1: Case study/analysis
Indicative Time on Task 2: 30 hours
Due: 17/09/2022 at 11:55pm
Weighting: 30%

 

This assessment requires students to write a case note on a case of commercial interest.

 


On successful completion you will be able to:
  • Demonstrate an understanding of the historical and conceptual development of commercial law and formulate some ideas of how it might develop in the future.
  • 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.
  • Critically appraise specific current issues in contract law particularly related to commercial transactions.
  • Demonstrate strong foundational understanding of the law relating to the major commercial transactions in Australia.

Final Unit Assessment

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 8 hours
Due: 12/11/2022
Weighting: 50%

 

A time-limited test during the examination period comprising an authentic professional writing task in the form of a client brief.

 


On successful completion you will be able to:
  • Demonstrate an understanding of the historical and conceptual development of commercial law and formulate some ideas of how it might develop in the future.
  • 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.
  • Critically appraise specific current issues in contract law particularly related to commercial transactions.
  • Demonstrate strong foundational understanding of the law relating to the major commercial transactions in Australia.

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 - 13. 

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.

The required textbook is: Clive Turner and John Trone, Australian Commercial Law (Thompson Reuters, 33rd ed, 2020) Additional materials are found on the iLearn webpage.

Weekly one hour tutorials begin in Week 1 and finish in Week 12 either on campus or online. Required readings will be avaliable on iLearn via Leganto.

All students are required to prepare for, attend and actively participate in weekly tutorials. 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 tutorials will receive a mark of 0 for weekly participation.

 

Unit Schedule

University Week

 

Week Commencing

Topic

Assessment 

Week 1

 

25th July

1: The Concept and Nature of Personal Property

 

Week 2

 

1st August

2: Bailment

 

Week 3

 

8th August

3: Agency

 

Week 4

 

15th August

4: Construction Law 

 

Week 5

 

23rd August

5: Sale of Goods: The Contract for Sale of Goods, Transfer of Title

 

Week 6

 

29th August

6: Sale of Goods: Reservation of Title, Transfer by Non Owner

 

Week 7

 

5th September

7: Sale of Goods: Express and Implied Terms

 
RECESS   12th September  

Case Note:

17/09/2022

RECESS   19th September     

Week 8

 

26th September

8: E-Commerce, Cashless Debit Cards, and Thriving Indigenous Businesses

 

Week 9

 

3rd October

9: Security interests over personal property: PPSA

 

Week 10

 

10th October

10: Guarantees

 

Week 11

 

17th October

11: Insurance

 

Week 12

 

24th October

12: Bankruptcy

 

Week 13

 

31st October

13: Commercial Disputes in Practice 

NO TUTORIAL THIS WEEK

 
EXAMINATION PERIOD   7th November  

Final Unit Assessment:

12/11/2022

Policies and Procedures

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.

Student Code of Conduct

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

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

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Late Assessment Submission Penalty  

Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue.    

This late penalty will apply to non-timed sensitive assessment (incl essays, reports, posters, portfolios, journals, recordings etc). Late submission of time sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special consideration application. Special Consideration outcome may result in a new question or topic. 

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

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.


Unit information based on version 2022.03 of the Handbook