Students

LAWS8023 – Commercial Law

2023 – Session 2, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Madeline Taylor
Tutor
Peter Joy
Credit points Credit points
10
Prerequisites Prerequisites
Admission to LLM or MIntTrdeComLaw or (Admission to JD and LAWS600 or LAWS8001)
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

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 and engagement in problem questions. 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. 

There are 12 tutorials in total. Students will receive a mark out of 10 for every tutorial and the overall average mark out of 10 throughout the semester will represent the final participation mark. 

The tutorial questions for each tutorial are found in the iLearn site arranged under each topic.

If you miss one of your tutorials, please lodge an Ask Special Consideration application online at ask.mq.edu.au. Upon obtaining a special consideration approval, please submit your written answers to your tutor who will award you a mark out of 10 for the week missed.

Class participation will be assessed on both the quality and regularity of participation. Class participation will be assessed on the following criteria:

  • Oral contribution and participation: Effective and frequent oral contribution. An ability to try out ideas and test understanding. Consistently thoughtful and insightful comments, going beyond the descriptive level. Contributions are volunteered. Co-operative attitude, and willingness to assist others in learning.
  • Engagement and answering of tutorial questions: Demonstrated evidence of reading and preparation, as well as a clear understanding of the material. Demonstrated ability to apply law in problem-solving exercises. Independent thinker, takes initiative in discussion as well as co-operating effectively with others.
  • Attendance: Excellent attendance (Attends all tutorials)
  • Further detail is provided in the Participation Rubric on the ilearn site.

 

Case Note

Assessment Type 1: Case study/analysis Indicative Time on Task 2: 30 hours Due: 15/09/2023 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.

Final Unit Assessment 

Assessment Type 1: Quiz/Test Indicative Time on Task 2

Assessment timing: 9:00am - 12:00pm (3 hour timed assessment) 

10/11/2023 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. 

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.

Assessment Tasks

Name Weighting Hurdle Due
Take Home Final Unit Assessment. 50% No 10/11/23 (3 hour assessment) 9:00am - 12:00pm
Class Participation 20% No Weeks 1 - 12
Case note 30% No 15/09/23 at 11:55pm

Take Home Final Unit Assessment.

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 32 hours
Due: 10/11/23 (3 hour assessment) 9:00am - 12:00pm
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:
  • Solve complex problems in the area of commercial law demonstrating ability to identify key legal issues.

Class Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 32 hours
Due: Weeks 1 - 12
Weighting: 20%

 

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

 


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.

Case note

Assessment Type 1: Case study/analysis
Indicative Time on Task 2: 6 hours
Due: 15/09/23 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 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.

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

Lectures

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.

Readings

The required textbook is: Clive Turner and John Trone, Australian Commercial Law (Thompson Reuters, 34th ed, 2022).

The text is available to purchase as an eBook and/or Hardcopy Directly via the Thomson Reuters website or from online resellers including Booktopia, Amazon and Zookal.

Thomson Reuters has set up a student page in which Students can receive 15% discount and free shipping if they sign up for the student Promo Code. Book and eBook bundles can be purchased at a 25% discount.

The site is: https://legal.thomsonreuters.com.au/student/ The Text is also available through Leganto.

A limited number of hard copies are available, both on short loan and generally. An online version is available, albeit with a restriction on the number of concurrent student users.

Ian Bailey, Construction Law in Australia (Thompson Reuters, 4th edition, 2019) is the prescribed Text for topic 4 Construction Law readings accessible via Leganto, albeit with a restriction on the number of concurrent student users.

Additional materials are found on the iLearn webpage.

Tutorials

Weekly one hour tutorials begin in Week 1 and finish in Week 12 and Fortnightly tutorials are held in Weeks 2, 4, 6, 8, 10 and 12. 

Required readings including case law 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

 

24th July

1: The Concept and Nature of Personal Property

 

Week 2

 

31st July

2: Bailment

 

Week 3

 

7th August

3: Agency

 

Week 4

 

14th August

4: Construction Law 

 

Week 5

 

21st August

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

 

Week 6

 

28th August

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

 

Week 7

 

4th September

7: Sale of Goods: Express and Implied Terms

 
RECESS   11th September  

Case Note Due:

15/09/2023

RECESS   18th September     

Week 8

 

25th September

8: E-Commerce and Thriving Indigenous Businesses

 

Week 9

 

2nd October

9: Security interests over personal property: PPSA

 

Week 10

 

9th October

10: Guarantees

 

Week 11

 

16th October

11: Insurance

 

Week 12

 

23rd October

12: Bankruptcy

 

Week 13

 

30th October

13: Commercial Disputes in Practice 

NO TUTORIAL THIS WEEK

 
EXAMINATION PERIOD   6th November  

Final Unit Assessment:

10/11/2022

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.

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.

Changes from Previous Offering

Updated textbook Australian Commercial Law 34th Edition (2022).

Changes since First Published

Date Description
08/07/2023 Hi Amanda, Thank you for your guidance and I have now updated the general assessment section, added due dates and limited the final unit assessment task to a 3 hour timed task (9:00am - 12:00pm). I will do the same now for the UG Commercial Law Unit LAWS5021.

Unit information based on version 2023.02 of the Handbook