Unit convenor and teaching staff |
Unit convenor and teaching staff
Madeline Taylor
Tutor
Peter Joy
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Credit points |
Credit points
10
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Prerequisites |
Prerequisites
Admission to LLM or MIntTrdeComLaw or (Admission to JD and LAWS600 or LAWS8001)
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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 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:
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.
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.
Name | Weighting | Hurdle | Due |
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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 |
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.
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.
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.
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
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.
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.
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.
University Week |
Week Commencing |
Topic |
Assessment | |
Week 1 |
24th July |
1: The Concept and Nature of Personal Property |
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Week 2 |
31st July |
2: Bailment |
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Week 3 |
7th August |
3: Agency |
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Week 4 |
14th August |
4: Construction Law |
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Week 5 |
21st August |
5: Sale of Goods: The Contract for Sale of Goods, Transfer of Title |
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Week 6 |
28th August |
6: Sale of Goods: Reservation of Title, Transfer by Non Owner |
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Week 7 |
4th September |
7: Sale of Goods: Express and Implied Terms |
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RECESS | 11th September |
Case Note Due: 15/09/2023 |
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RECESS | 18th September | |||
Week 8 |
25th September |
8: E-Commerce and Thriving Indigenous Businesses |
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Week 9 |
2nd October |
9: Security interests over personal property: PPSA |
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Week 10 |
9th October |
10: Guarantees |
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Week 11 |
16th October |
11: Insurance |
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Week 12 |
23rd October |
12: Bankruptcy |
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Week 13 |
30th October |
13: Commercial Disputes in Practice NO TUTORIAL THIS WEEK |
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EXAMINATION PERIOD | 6th November |
Final Unit Assessment: 10/11/2022 |
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Updated textbook Australian Commercial Law 34th Edition (2022).
Date | Description |
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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