Course Guide Commercial Law sem 1 2021 Feb Version PDF

Preview

Summary

Download Course Guide Commercial Law sem 1 2021 Feb Version PDF

Description

RMIT Classification: Trusted

Course Guides: Part B Course Detail LAW2442 Name of Course: Commercial Law Teaching Period

Semester 1, 2021

Career

Undergraduate

Course Title and Code

Commercial Law; LAW2442

Credit Points

12.00

Campus

City

Learning Mode

Face-to-face (online due to the Pandemic)

Primary Learning Mode

Face-to-face (online due to the Pandemic)

Teacher guided hours

36 hours

Learner directed hours

54 hours

Course coordinator name:

Dr Christina Platz

Email:

[email protected]

Course Coordinator phone number:

+61 3 9925 2313

Contacting your coordinator

By email and appointment

Location:

Graduate School of Business and Law, Cnr Victoria and Russell Sts, Melbourne, Victoria, 3000

Additional Staff Contact Details Yvonne Yamouni, [email protected] Alana Ryan, [email protected] Luis Quintero, [email protected] Elizabeth Shi, [email protected] Alice Richardson, [email protected] Tim Stoll, [email protected] Jane Ward, [email protected] Lisanne Adam, [email protected] Edwin Tongoi, [email protected] Ravinthiran (Ravi) Vijayasingam, [email protected] Fiona Milnes, [email protected] Pre-requisite Courses and Assumed Knowledge and Capabilities None LAW2442 Commercial Law Version Jan 2021

1

RMIT Classification: Trusted

Course Description The course provides an introduction to commercial law fundamentals relevant to business professions. The course provides you with the knowledge and skills necessary to pursue further and more specific studies in the law discipline. The course is taught through weekly lectures and tutorials in which you will examine and apply law principles related to negligence, contract law, the Australian Consumer Law and business structures. Commercial Law is a compulsory core course in the Bachelor of Business.

Objectives/Learning Outcomes/Capability Development: On the successful completion of this course you will be able to: 1.

Identify, interpret and apply rules and issues relating to the law.

2.

Identify, interpret and apply basic legal concepts in negligence, contract law and the Australian Consumer Law. Analyse legal problems with an appreciation of the multiple issues impacting on business and non- business legal issues.

3.

4.

Examine and apply legislation and case law relating to business.

5.

Communicate information and concepts relating to business and non-business legal issues to professionals and non-professionals in diverse contexts.

Overview of Learning Activities In this course you will be encouraged to be an active learner. Your learning will be supported through various in-class and online activities comprising individual and group work. These may include quizzes; assignments; prescribed readings; sourcing, researching and analysing specific information; solving problems; conducting presentations; producing written work and collaborating with peers on set tasks or projects. Details of Learning Activities Lectures The idea of lectures is to explain difficult concepts in each topic and how topics relate with each other. However, lectures are not an effective substitute for reading your textbook. You are expected to complete the relevant readings before attending the lecture and the lecturer will assume that you have completed the reading for that week. Tutorials Tutorials are important and one of the most useful learning activities. Since the tutorial questions are mainly problem-type questions, tutorials will give you the opportunity to learn how to analyse legal issues and apply your legal knowledge. Thus, tutorials will give you the opportunity to learn and practise your skill in advising clients on various hypothetical scenarios. Preparation of the tutorial answers before class will allow you feedback on how well you understand and apply the law. It is highly recommended that you attend tutorials as you are encouraged to ask questions or seek clarification from your tutor. LAW2442 Commercial Law Version Jan 2021

2

RMIT Classification: Trusted Home Reading and Exercises This is also a very important learning activity as lectures will not cover all the examinable material nor will it cover the material in the depth you are expected to demonstrate in the exam. Prior reading before the lectures will also assist you in understanding the lecture materials and reinforce the learning process. Students are expected to complete all assigned exercises prior to the following tutorial. Summaries The process of summarising your information is a vital open-book exam technique. Since you will not have the time to look for information during the exam which is extremely time-pressured, you are highly encouraged to have summaries of the examinable materials in an organised manner. Further, the process of summarising the information helps you to understand the information, to put it together and to organise it yourself, in your mind. Please note: some of the above may be subject to online delivery due to the pandemic. Additional Materials Students are encouraged to use the additional resources available on Canvas.

Teaching Schedule Lectures cover the following topics: Week 1: Business and the law. The Australian legal system Week 2: Politicians and Judges. Exercising legal skills Week 3: Deliberately causing harm Week 4: Carelessly causing harm: Negligence and Negligent Misstatement Week 5: Contract Law: Forming a Contract Week 6: Contract Law: Terms of a Contract and Non-contractual Representations Week 7: Contract Law: Capacity, Legality, Consent Week 8: Contract Law: Remedies and Ending the Contract Week 9: Dealing with Consumers: General Protections Week 10: Dealing with Consumers: Specific Protections Week 11: Managing a Business Week 12: Revision Please note: this schedule is subject to change, as some topics may take longer, others may take less time. Overview of Learning Resources From 2018, Canvas is RMIT University's Learning Management System. Canvas is a flexible online system which will provide you with an engaging and exciting learning experience as part of your studies with us. The Canvas platform will be the primary site for you to gain access to all the resources designed to support your learning in this course. Your Canvas portal can accessed by logging into the following RMIT page: https://www.rmit.edu.au/students LAW2442 Commercial Law Version Jan 2021

3

RMIT Classification: Trusted

Learning Resources Prescribed Texts Highly Recommended: Nickolas James, Business Law (Wiley, 5th ed, 2019); Paul Latimer, Business Law (Oxford, 35th, 2016), Stephen Graw, An Introduction to the Law of Contract (Thomsons, 9th ed, 2017), Michael Lambiris and Laura Griffin First Principles of Business Law (Oxford, 10th ed, 2017), Butterworths, Questions & Answers (BQA) Contract & Tort Compilation (Lexis Nexis, 2011).

Other Resources Electronic Resources: There is a range of resources available through the links on Canvas and the RMIT University Library. Overview of Assessment The assessment tasks, their weighting and the course learning outcomes to which they are aligned are as follows: For students enrolled in classes commencing before 31 December 2018: Assessment Task 1: 10% Linked CLOs: 1 Assessment Task 2: 40% Linked CLOs: 1, 2, 3, 4 Final Exam: 50% Linked CLOs: 1, 2, 3, 4, 5 For students enrolled in classes commencing after 1 January 2019: Assessment Task 1: 10% Linked CLOs: 1 Assessment Task 2: 40% Linked CLOs: 1, 2, 3, 4 Assessment Task 3: 50% Linked CLOs: 1, 2, 3, 4, 5

LAW2442 Commercial Law Version Jan 2021

4

RMIT Classification: Trusted Assessment Tasks The assessment activities in this course will comprise of the following 3 pieces of assessment: Assessment 1 Assessment 1 is a multiple-choice problem-based test that must done online around weeks 3-4 of semester (see specific dates on Canvas). It is an individual test, that is 25 minutes long and is worth 10% of the final mark and contains 10 multiple choice questions. Submission: online via Canvas Marking Criteria: The assessment will primarily involve you demonstrating knowledge and understanding of topics covered in the first 4 weeks of lectures, including the Textbook Chapters 16.

Assessment Task 2: Assessment two is an individual assessment where students must demonstrate independent and critical though on a given topic covered in weeks 3-7 inclusive. Students will be advised of the relevant topic. Students get 4 days to submit the assessment. On the date of release, students will be given a problem-based question in the form of a written client brief along with a corresponding video containing the client interview. Students must use the IRAC model to independently formulate legally convincing arguments to a problem-based question. After two days, students will be given additional information from the client and the submission must reflect this additional information. Format: memorandum of advice (students will be given examples on the purpose and format of a memorandum of advice) The assignment is worth 40% of the final mark. Word limit: 1000 words (plus minus 10%). Please note that markers will stop reading after this limit is surpassed. Submission: electronic via Canvas in word format Detailed instructions: please see Canvas Marking Criteria: The assessment requires use of the IRAC model (Issue, Rule, Application and Conclusion) to answer a legal problem. Students must therefore identify the correct legal issue in the given problem-based question, apply the relevant facts to the rule at hand in their own words that will then allow the students to conclude and provide an answer to the legal problem. Rubric provided on Canvas

LAW2442 Commercial Law Version Jan 2021

5

RMIT Classification: Trusted Assessment Task 3: Assessment 3 is the final assessment which is individual and must be completed over a period of 24 hours during the examination period. Students are required to individually provide legally convincing argument (using the IRAC model) for two problem-based questions. One question will be worth 20 marks and the other question will be worth 30 marks. Students will not know the topics as everything studied during semester is examinable. Format: memorandum of advice (students will be given examples on the purpose and format of a memorandum of advice) The final assessment is worth 50% of the final mark Word limit: 1200 words (plus minus 10%). Please note that markers will stop reading after this limit is surpassed. Submission: electronic via Canvas in word format Detailed instructions: please see Canvas Marking Criteria: The assessment requires use of the IRAC model (Issue, Rule, Application and Conclusion) to answer two legal problems. Students must therefore identify the correct legal issue in the given problem-based question, apply the relevant facts to the rule at hand in their own words that will then allow the students to conclude and provide an answer to the legal problems. Rubric provided on Canvas

Other Relevant Information: Feedback Feedback for in-course assessment tasks will normally be provided within 10 working days of the deadline for submission of the assessment work or, if a student is granted an extension, within 10 working days of the date when the student submitted the work, or as soon as possible. In the case of final assessment tasks, comprehensive feedback is not provided but that marks along with limited feedback will be available when the College of Business releases the final grades. Extensions and Special Consideration Extension approval possible for up to 7 days late after which Special Consideration is required (unless student has equitable assessment arrangement): Extensions of time for submission of assessable work. An application for special consideration is made in advance of an assessment wherever possible, but normally within five working days after the assessment date. All assignments will be marked as if submitted on time. Late submissions of assignments without special consideration or extension will be automatically penalised at a rate of 10% of the total marks available per day (or part of a day) late. For example, if an assignment is worth 20 marks and it is submitted 1 day late, a penalty of 10% or 2 marks will apply. This will be deducted from the assessed mark. Assignments will not be accepted if more than five days late, unless special consideration or an extension of time has been approved.

LAW2442 Commercial Law Version Jan 2021

6

RMIT Classification: Trusted Course Grades Available Assessment is available at: HD DI CR PA NN

High Distinction (80% and above) Distinction (between 70% and 79%) Credit (between 60% and 69%) Pass (between 50% and 59%) Fail (below 50%)

A High Distinction involves exceptionally clear understanding of course matter and appreciation of issues; well organised, formulated and sustained arguments; well thought out and structured diagrams; relevant literature referenced, and; evidence of creative insight and originality in terms of comprehension, application and analysis with at least some synthesis and evaluation. A Distinction involves strong grasp of course matter and appreciation of key issues, perhaps lacking a little on the finer points; clearly developed arguments; relevant and well structured diagrams; appreciation of relevant literature, and; evidence of creative and solid work in terms of comprehension, application, analysis and perhaps some synthesis. A Credit involves competent understanding of course matter and appreciation of some of the main issues though possibly with some gaps; clearly developed arguments; relevant diagrams and literature use, perhaps with some gaps; well prepared and presented, and; solid evidence of comprehension and application with perhaps some analysis. A Pass involves some appreciation of course matter and issues; work generally lacking in depth or breadth and with gaps. Often work of this grade comprises a simple factual description (i.e. basic comprehension) but little application or analysis. Work of this grade may be poorly prepared and presented. Investment of greater care and thought in organising and structuring work would be required to improve. A Fail involves evidence of lack of understanding of course (minimal or inadequate comprehension and little or no application) and inability to identify issues, and often inadequate in depth and breadth and sometimes incomplete or irrelevant.

Course Evaluation and Feedback Evaluation will be undertaken during the course. Feedback will be provided throughout the course and may take various forms.

Academic Integrity and Misconduct Students demonstrate academic integrity in their assessment practices by: -

engaging with assessment activities in an honest way,

-

providing accountability for the authorship of and originality of work submitted,

-

acknowledging the work of others and the re-use of original work.

LAW2442 Commercial Law Version Jan 2021

7

RMIT Classification: Trusted

Plagiarism Plagiarism is the presentation of the work, idea or creation of another person as though it is your own. It is a form of cheating and is a very serious academic offence that may lead to expulsion from the University. RMIT’s policy on Plagiarism is available from the RMIT website http://www.rmit.edu.au/students/academic-integrity Academic misconduct will be addressed in accordance with the Student Conduct Policy.[PJW1] Note: all assessment in this course are individual and submissions must represent independent thought. This means that all submissions must be written individually by the student that submits it and it must contain their own words.

Review and Appeal A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment processes.

LAW2442 Commercial Law Version Jan 2021

8...