PBL Reading Guide 2018 - Sem 1 PDF

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PBL Reading Guide 2018 - Sem 1...

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Melbourne Law School Breadth Subject Outline and Reading Guide

Principles of Business Law BLAW10001 Credit points:

12.5pts

Availability:

Semester 1, 2018

Class contact hours: 24 hours plus optional consultation and feedback workshops Total time commitment: 120 hours Timetable:

Please refer to your student timetable for your class schedule for this subject: https://my.unimelb.edu.au/

Subject Coordinator and Lecturer: Mr Arlen Duke Senior Lecturer Melbourne Law School

For administrative queries: [email protected] For curriculum queries: [email protected]

Teaching Staff: Mr Eugenio Vergara Marshall PBL Consultation Tutor PBL Workshop Tutor

THIS COMPILATION OF STUDENT READING MATERIAL HAS BEEN MADE IN ACCORDANCE WITH THE PROVISIONS OF PART VB OF THE COPYRIGHT ACT FOR THE TEACHING PURPOSES OF THE UNIVERSITY. FOR USE ONLY BY THE STUDENTS OF THE UNIVERSITY OF MELBOURNE ENROLLED IN THE SUBJECT: Principles of Business Law BLAW10001

ACKNOWLEDGEMENT Melbourne Law School acknowledges the Wurundjeri Peoples of the Kulin Nations as the Traditional Owners of the land on which the law school stands. We pay our respects to their Elders both past and present.

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This subject outline has been developed by the Academic Support Office in conjunction with the Assistant Dean, Teaching and Learning, to provide a reference tool to key policies and procedures relevant to your studies in the law school.

Welcome Welcome to the law breadth subject Principles of Business Law (‘PBL’). I hope you find it an enjoyable and rewarding subject. This document explains how the subject is taught and assessed, and how can you obtain help with your studies. This document also sets out the work that you need to do in your own time. Further subject information will be made available from time to time on the PBL LMS page (available at lms.unimelb.edu.au), including updates and information on assessment. You should check the LMS at least once a week to ensure you are up-to-date with PBL developments. Arlen Duke Subject Co-ordinator & Lecturer

For administrative queries (ie. special consideration, Test times): email [email protected] For questions about the law that you are learning and your weekly reading/e-tutorials: email [email protected]

Subject Materials You will need:  

This Reading Guide, and The prescribed textbook: Lambiris and Griffin, First Principles of Business Law, 2017 edition (‘FPBL’).

In PBL, you are required to read a chapter of the text, and undertake an optional e-tutorial each week in your own time – the e-tutorial can be done on computer labs in the law school, but if you’d prefer to do them at home, you need to obtain the unique access code. New copies of the textbook come with a new access code. If you have purchased a second-hand copy of the textbook and thus do not have ‘at home’ access to the e-tutorials, or you need to use a new computer (or have reformatted your computer) during the semester, you have two options:  

you can work through the e-tutorials on any computer in the computer labs in the law school; or you can re-purchase a new registration code for the software at www.alcware.com.

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The introductory pages of the textbook explain how to download the e-tutorial software for this subject from www.alcware.com . The textbook is sold with a registration code (licence number) inside the front cover. In order to use the e-tutorials, you will need to register the software using the registration code provided. The registration code can only be used once, so make sure you load the software on to a computer you know you will have access to for the entire semester. If you have any problems with using the software, please refer to the contacts listed at www.alcware.com (ie. the software developers).

How does PBL work? Each week, PBL consists of the following: 

A two-hour weekly lecture. To accommodate the large number of students enrolled in this subject, the lecturer is repeated throughout the week. You need only attend one lecture. The lecture will be broken down into two parts, each of roughly one hour duration. In the first part of the lecture you will be provided with an overview of the relevant materials. The lecture will be recorded. The lecture overheads will be available for download on the LMS shortly before each class.

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Students are also required to read a chapter of FPBL (and selected case summaries in FPBL), and undertake the corresponding e-tutorial, in their own time each week. The timetable on page 13 sets out the relevant chapters and e-tutorials for each week of the course.

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In addition, you are welcome to attend any weekly ‘drop in session’ with a PBL Tutor to ask any questions you have about the course material. In addition, in weeks 3, 8 and 12 of semester, you will be provided with practice tests so that you can assess your progress in PBL. In these weeks, you are welcome to attend a further (optional) feedback workshop in which a PBL Tutor will go through the practice test questions with students.

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Subject Overview Principles of Business Law provides an introduction to law from a business perspective. This subject is available as a level 1 breadth subject to students in all faculties. Topics include: the nature and purpose of law; how law develops and changes; how new law is made; how to read and understand legislation and case law; how legally binding agreements (contracts) are created and enforced; property law; liability in tort law for negligence; and the law of agency.

Learning Outcomes The objectives of this course are to:       

Explain the nature and role of law in society; Describe the sources of Australian law; Find, interpret and apply case law and legislation; Explain and apply the principles of contract law in business situations; Explain and apply the basic principles of property law; Explain and apply the basic principles of liability in tort law; Explain and apply statutory consumer protection legislation; and

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Explain and apply the law of agency.

Generic Skills On completion of the subject, students should have developed the following generic skills:     

The capacity for close reading and analysis of a range of legal source materials; The capacity for critical and independent thought and reflection; The capacity to solve problems, including through the collection and evaluation of information; The capacity to effectively plan and manage time; Intercultural sensitivity and understanding.

In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:  

Ability to find, interpret and apply legal source materials; Ability to find and apply legal principles and rules to resolve specific issues.

How can I ask questions about what we’re learning? Questions are both expected and encouraged! There are two ways to consult with a PBL Tutor: 1. In person in a ‘drop-in session’. In addition to the weekly lectures, we run entirely optional, informal drop-in sessions each week in one of the classrooms in the law building. These sessions are conducted by the PBL Tutor. During these sessions, the tutor will take any question you have about the course and your studies (but not about the Practice Tests – questions about the practice test must be asked at the feedback workshops: see page 7). Students are welcome to attend to ask questions, or to simply ‘sit in’ to hear other student queries. 2. By email. You are also welcome to email the tutor directly with queries. If you have a question that can be answered succinctly within a paragraph, the tutor will respond by email. If your question is more complicated, the tutor may suggest that you attend a drop-in session where they can discuss the answer in more detail. The tutor will aim to answer all emails within 2-3 business days, but during busy periods the response time may be a little longer. Again, the tutor is happy to answer questions on your studies but not about the Practice Tests – see page 7. The timetable and location of the tutor’s consulting sessions will be made available on the LMS at the beginning of semester. Please note that the tutor is not available in weeks 4 and 9. This is because the interim tests are held during those weeks. The tutor’s contact details are as follows: Mr Eugenio Vergara Marshall Email: [email protected]

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Questions about Administrative Matters in PBL The Law Academic Support Office has a designated PBL Administrator who can assist you with your queries. The administrator can be reached at the following email address: [email protected]

Subject Page on the Learning Management System http://www.lms.unimelb.edu.au/ This Subject Outline and Reading Guide, assessment details and all important notices will appear on the LMS Subject Page for this subject. You should ensure that you check the Subject Page of LMS each week for announcements and news.

How is PBL assessed? PBL is assessed through two tests undertaken during semester, and an end-of semester exam. All of the tests and the end-of-semester exam are multiple-choice tests. Please note that there are no ‘hurdle requirements’ for this subject. Your final mark in the subject is the aggregation of your scores from the Test One, Test Two and the final exam. The tests and exam are scheduled as follows: 1. Test One is a 60-minute multiple choice test, that will be available on the LMS for you to undertake any time from midday Monday 19th March to midday Friday 23rd March. It is a ‘take home’ computer based test and is an ‘open book’ test. Note that as soon as you log in to the test, you will have 60 minutes to complete it. It is not possible to log in to it again, or to ‘stop the clock’ on the test. The Test will examine all material covered in weeks 1-3 of the course. This test is weighted at 10% of the final mark in the subject. 2. Test Two is a 60-minute multiple choice test, that will be available on the LMS for you to undertake any time from midday Monday 30th April to midday Friday 4th May. It is a ‘take home’ computer based test and is an ‘open book’ test. Note that as soon as you log in to the test, you will have 60 minutes to complete it. It is not possible to log in to it again, or to ‘stop the clock’ on the test. The Test will examine all material covered in weeks 4-8 of the course. This test is weighted at 10% of the final mark in the subject.

WARNING. Please note that the tests must be done alone and without the assistance of your peers or other individuals. Collusion is regarded as academic misconduct and is taken very seriously by the University and is punished accordingly. Please also note that the LMS software contains inbuilt capabilities to detect collusion (including detecting students taking the test together). Please also ensure that you take the test on a reliable computer with reliable internet access (not a tablet or phone device, as the LMS is not optimised for use on these devices). Computer malfunction or internet disruption are not usually grounds for special consideration. You must undertake the test on a computer which has English as its default language: the test is not optimised for computers/ internet browsers that display in other characters.

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If you are in doubt, take the test in one of the computer labs on campus – there is a lab on level 3 of the law school that you are welcome to use for this purpose.

3. The final exam for PBL is conducted in the end-of-semester exam period, on a date to be announced. It is a 90-minute multiple choice test, conducted in ‘hard copy’. It will test the material covered in weeks 2-11 of semester (week 1 will be assumed knowledge). You will be permitted to take in one A4-sized “cheat sheet” of notes (you may write/type on both sides) and an unannotated dictionary. No other materials are allowed. The final exam is worth 80% of your final mark in the subject. Please remember to check the LMS regularly for updates and information about the assessment in PBL. We post information about each Test to the LMS several days before the test takes place.

What’s examinable in this subject? The following is examinable:  

All material covered in the lectures AND The prescribed weekly reading for this subject – this is set out in the Timetable on page 13.

(Note that the e-tutorials often go further than the examinable material in the textbook: please be assured that the test and exam questions will go no further than the material covered in the lectures and textbook only). Cases are examinable You will note that there are many cases mentioned in the textbook as illustrations of these examinable legal principles. While the principles mentioned in the textbook are examinable, the only specific cases you need to be familiar with are those listed in the Timetable on page 13. You may be examined directly on these cases and asked to apply the principles in these cases to a new set of facts. You will not be provided with a summary of the facts/principles of the cases in the assessment, as you are expected to know this. You will not be examined directly on any case that is not referred to in the Timetable on page 13. You are not required to ‘memorise’ the citations of cases, nor the full titles of the Law Report abbreviations. Remembering the case name, or at least one party’s name (alongside the facts and principles) will suffice so that you can recognise the case in the assessment.

Legislation is examinable, but need not be ‘memorised’ From time to time, we will also refer to legislation in class. You are not expected to ‘memorise’ legislation in any way for the purposes of assessment, but you are required to be familiar with the principles that we highlight in certain sections of legislation. To this end, the relevant sections of any examinable legislation will be available for you via the LMS during the course of the Tests and in hard copy in the final exam.

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How can I get feedback on my performance? The Feedback Workshops For policy reasons, the answers to Test 1 and Test 2 are not made available to students. However, students will be provided with feedback that identifies areas where errors were made. In addition, in order to ensure that you obtain ongoing feedback so that you can gauge your ongoing performance in the subject, in weeks 3 and 8, and in the final week of semester, we post to the LMS a practice multiple-choice test for you to download and do in your own time. We also upload the answers to those tests. In addition, in these weeks, the PBL Workshop tutor will run repeat Feedback Workshops in which the answers to the practice tests will be reviewed, and you will be shown the legal reasoning involved in getting to the correct answers. These sessions are optional, but we encourage all students to attend all three sessions across semester. Please note that the PBL Consultations Tutor does not answer questions on the Practice Tests – all questions must be directed to the Workshops Tutor during the allocated workshop sessions. At the beginning of semester, we will post further information on the dates of the Feedback Workshops and how to enrol in these sessions.

Are there any other practice tests I can do? The ‘Quizzes and Case Studies for Revision’ e-tutorial contains additional practice exam questions. We suggest completing these at the end of semester, once you have studied all the examinable material. No previous years’ exams are available in this subject.

I missed a lecture! What can I do? The lectures in this subject are recorded. Further, each lecture is repeated three times in the week. In the event that you have missed your weekly lecture, please email the PBL Administrator to request permission to attend another lecture for that week. If you have missed an entire week of PBL, please familiarise yourself with the slides on the LMS, read the required textbook chapter, and then attend one of the PBL Tutor’s consultation sessions with any questions you have about that material. The Tutor cannot re-teach you the course, but can assist with any queries you have.

Your relationship with your lecturers, other staff and fellow students The Professional Behaviour Guidelines apply to behaviour in all contexts connected with the Law School. They apply to conduct in student-staff and student-student interactions, and to conduct in and outside classes. Behaviour in the Law School is important in its own right as contributing to an inclusive and civil Law School community, as a training ground for later professional behaviour and courtesy, and because it can be relevant to suitability for admission to legal practice and for employment in other sectors. Corresponding expectations of staff are described in University policies. The Professional Behaviour Guidelines, including links to University policies, are available at http://www.law.unimelb.edu.au/melbourne-law-school/current-students/professional-behaviourguidelines

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Academic Support Academic Skills supports all undergraduate, coursework graduate, and research higher degree students in their academic writing, time management, exam preparation, English language development and more. Academic Skills offers a range of free services including; online resources are available through the Resource Collection, face to face workshops and courses via AIRport (for all students) There are also English language workshops available for all students listed under "English for Academic Purposes (EAP)" at the Workshop List. Enrol through the "Events" tabs in SAS. The Diagnostic English Language Assessment (DELA) which helps you assess strengths and weaknesses in academic reading, writing and listening. Students who have English as a second language can view more information here: http://services.unimelb.edu.au/academicskills/english_as_a_second_language More information about services for undergrad students can be found here: http://services.unimelb.edu.au/academicskills/undergrads

Wellbeing Support University Services offer a range of support services to students. Further information on the services offered can be found here: http://services.unimelb.edu.au/finder Students who require ongoing support (ie. due to a continuing health/medical condition, being an elite athlete, carer responsibilities, for reasons of religious or cultural observance) should consider registering with the SEDS team. Eligible students can receive equitable adjustments to teaching and assessment to allow them to participate on an equitable basis. Further information can be found here: http://services.unimelb.edu.au/disability/students Students with approved equitable adjustments due to ongoing circumstances can contact Georgina Mitchell, Graduate Services Coordinator (Wellbeing) to ensure their requirements are met.

Changing Feedback Workshop Times To ensure uniformity of skills workshop sizes, once classes have been fixed, movement between the workshops is generally not possible. You must NOT see a PBL Tutor or the Subject Coordinator if you want to change tutorial groups. After class registr...