Unit Guide BTC1110 Semester 1 18 PDF

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Unit Guide 

BTC1110 Commercial law Semester 1, 2018    Handbook link: http://monash.edu.au/pubs/2018handbooks/units/BTC1110.html The information contained in this unit guide is correct at time of publication. The University has the right to change any of the elements contained in this document at any time.

Last updated:20 Feb 2018

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Table of contents Unit handbook information

4

Synopsis

4

Mode of delivery

4

Workload requirements

4

Additional workload requirements

4

Unit relationships

4

Prerequisites

4

Prohibitions

4

Co-requisites

4

Chief Examiner

5

Unit Coordinator(s)

5

Campus Lecturer(s)

5

Tutor(s)

5

Academic overview

6

Learning outcomes

6

Teaching approach

6

Recording of lectures Unit schedule Assessment summary

8 9 12

Second marking

12

Return of final marks

12

Exam viewing

12

Assessment criteria

12

Assessment requirements

13

Hurdle requirements

13

Assessment tasks

13

Examination(s)

17

Referencing requirements

17

Feedback

18

Learning resources

19

Required resources

19

Technological requirements

19

Q Manual

19

Prescribed text and readings

19

Recommended resources

19

2

Examination material or equipment Other information

20 20

Policies

20

Student Academic Integrity Policy

20

Special Consideration

20

Graduate Attributes Policy

20

Student Charter

20

Student Services

20

Monash University Library

21

Disability Support Services

21

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Unit handbook information Synopsis An introduction to legal studies and to the legal system of Australia with special emphasis on commercial aspects. The laws of negligence as it affects business and the professional is introduced, and aspects of the law of contract, consumer law, agency, partnership, trusts and an introduction to companies of relevance to commerce.

Mode of delivery Clayton (On-campus) Clayton (on campus)

Workload requirements Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. Independent study may include associated readings, assessment and preparation for scheduled activities. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Additional workload requirements This is a six-point unit.Students are expected to devote 12 hours per week to its study. There are three hours of class contact or equivalent per week - a 1.5 hour lecture, and a 1.5 hour tutorial -over a twelve-week period. The total time commitment expected for this unit is 144 hours. In addition to the 36 hours of class contact, students should plan to spend an additional 108 hours during the semester in study for this unit. This includes time spentpreparing for lectures and tutorials,preparing for and completing assessment tasks (including the mid-semester tests and the final examination), together with time spent in general study.

Unit relationships 

Prerequisites None

Prohibitions BTB1010, BTF1010, BTG1200, BTP1010, BTW1200, LAW2100, LAW2102

Co-requisites 4

Student must be enrolled in one of the following courses to undertake this unit: 0023, 0032, 0169, 0170, 0179, 0542, 0548, 1185, 1319, 1320, 1469, 2015, 2016, 2017, 2026, 2630, 3050, 3176, 3178, 3275, 3280, 3804, 3805, 3823, 3830, 3834, 4097, 4403, 4410, 4417, 4419, 4425, 4428, 4615 or 4097.

Chief Examiner Name:MrRogerGamble Campus:Clayton Phone:99052333 Email:[email protected]

Unit Coordinator(s) Name:MrRogerGamble Campus:Clayton Email:[email protected] Phone:99052333 Name:MsRebecca Neophitou Campus:Clayton Email:[email protected] Phone:99058182

Campus Lecturer(s) Name:MrRogerGamble Campus:Clayton Phone:99052333 Email:[email protected]  Name:MsRebeccaNeophitou Campus:Clayton Phone:990 58182 Email:[email protected] 

Tutor(s) Name:MsRebeccaNeophitou Campus:Clayton Phone:99058182 Email:[email protected]  Name:DrShafiKhan Campus:Clayton Phone:99052411

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Email:[email protected]  Name:MrEugenioJose Vergara-Marshall Campus:Clayton Phone:99020035 Email:[email protected]  Name:DrHaemalaThanasegaran Campus:Clayton Phone:990 58551 Email:[email protected]  Name:MrBenGrunberg Campus:Clayton Phone:99058551 Email:[email protected]  Name:MrLeslieHaberfield Campus:Clayton Phone: Email:[email protected] 

Academic overview Learning outcomes The learning goals associated with this unit are to: 1. identify the essential features of the Australian legal and political system and compare and contrast the two principal law-making institutions--the courts and the parliaments--and the laws they make 2. describe and analyse some of the legal concepts that underpin commercial activity in Australia and describe the different conceptual bases of legal liability 3. describe and analyse key areas of normative commercial law such as contract law, tort law, agency law and business organisations 4. conduct basic legal research using basic primary and secondary sources 5. critically analyse a hypothetical legal problem and clearly and coherently advise a hypothetical client on the relevant legal issues that are raised in that problem and support the advice by reference to primary sources.

Teaching approach

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In Semester 1, 2018, Commercial Law will be taught in a lecture / tutorial format, with additional material, including weekly videos, uploaded onto Moodle. Lectures and tutorials are 1.5 hours each, for a total of 3 class hours per week. Tutorials are one week behind the lectures giving you adequate time to revise the lecture material and prepare for the tutorial. Both lectures and tutorials are interactive: you will have opportunities in both lectures and tutorials to ask and answer questions. All tutorials are located in the newLearning and Teaching Building (LTB). This is a magnificent building andgivesus all a unique opportunity to share aexciting educational experience.Itis vital for effective teaching and learning that stability in the tutorials is established as quickly as possible and that it is maintained throughout the semester.Although no mark is given for attendance or participation if you are unable to attend a tutorial you should as a matter or courtesy,notify your tutor. You may change tutorials in the first three weeks but onlyvia Allocate and (therefore) you may only do so if there is a vacancy in the tutorial you wish to join. No change is possible after week 3.  Because the tutorials are at capacity, as a general rule, you may only attend the tutorial in which you have enrolled. However, if for some very good reason (eg illness or a special event such as a funeral or (your own) wedding), you cannot attend your tutorial you may seek permission from the CE to change into another tutorialfor that week only. The CE will then notify the tutor of that tutorial and confirm with you that you may attend. You should then inform your own tutor that you will not be attending. Furthermore, as you will see in the section below on 'assessment requirements', it is very important that you attend your enrolled tutorial for both in-semester assessment tasks. Enthusiastic and thorough preparation is the key to student success in this unit. For lectures , students should prepare as follows:

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●

● ●

View the weekly Panopto video, made available on Moodle, that summarises the learning objectives for the week ahead, highlights and/or clarifies recent or interesting or difficult cases / legislation / issues and offers general advice and encouragement; Download the lecture slides from Moodle (these will be made available week-by-week, ahead of each week's lectures) and, using these slidesas yourroadmap, read the relevant parts of the prescribed text before attending the lecture; Read any other material that has been uploaded onMoodle before the lecture; and On the basis of this preparation, come to the class readyand willing to discuss the main issues raised in the lecture.

For tutorials, students should prepare for the interactive learning experience in the new LTB as follows:

● ●

Review the lecture material and do whatever pre-tutorial reading/discussion is required. Prepare responses to the tutorial activitieseach week. Do it on your own or in a group, but the important thing is to just do it.

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Please note: Tutorials are primarily for interactive discussions, analysis and developing communication skills. They are not for mini-lectures. Further, although guidance and feedback is provided in each tutorial, tutors will not provide so-called'model' answers to the tutorial questions. If you areunclear aboutany aspect of the material or the tutorial activities, youshould ask questions in the tutorial or see yourtutor during their consultation times (these are available on Moodle). There are a number of other opportunities for further assistance, including sessions run by Learning Skills Advisers through the Monash Library, the PASS program and self-formed and self-directed study groups.

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Recording of lectures This unit will have lectures (or seminars in the absence of lectures) recorded. These recordings will be available to current students. If there is more than one seminar or lecture stream, the Chief Examiner may decide not to record each stream. In the event that there is an equipment failure and the lecture is not recorded in part or in full, no alternative recording will be provided. The Chief Examiner may determine a part or parts of lectures (or seminars) unsuitable for recording.

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Unit schedule For units with on-campus classes, teaching activities are normally scheduled to start on the hour (teaching will commence on the hour and conclude 10 minutes prior to the scheduled end time). Students should note that the program outlined below is a guide to the material to be covered in this unit and not a definitive statement of when that material will be covered. Specific details relating to the timing will be discussed in class.

Week

Lectures

Tutorials and assessment

0

Please read the lecture schedule set out in this table, ahead of lectures starting in week 1.

Please read the tutorial and assessments schedule set out in this table, ahead of tutorials that begin in week 1. Note: Note:please ensure you attend your enrolled tutorial and no other tutorial. See earlier instructions if you are unable to attend your allocated tutorial.

1

Topic: The Australian Legal System. Summary: An overview of the law and of the Australian legal system. Reading: CACL, chapter 1 (please note that this reading is especially important for students who have not undertaken any prior study of the law). Note: For both this week, and the remainder of the semester, please ensure you attend your enrolled lecture stream.

Week 1 tutorial: Introduction and Course Overview For week 1 please ensure you have read the Unit Guide, obtainedyour prescribed text and read the introductory section of the prescribed text (pp xli-lix). In the tutorial we will: (a) deal with some important administrative matters; (b) review the syllabus, assessment, materials, and provide guidance on how to prepare for lectures and tutorials; (b) discuss how to study law units - please readCACL, pp. xli - lix if you have not already done so; (c) provide a brief overview of the Australian legal system (useful for those students who do not have a background in our political-legal system or its institutions); and (d) introduce an activitydesigned to promote your understanding - and reduce your apprehension - of the law and law units.

2

Topic: The Law of Contract - Introduction, Offer, and Acceptance. Reading: CACL, chapters 2 - 3.

Week 2 tutorial Questions:  CACL, chapter 1, pp. 45 - 47, questions 1(a) -(j), and 5(a)-(d) (after watching the YouTube video referred to in Q5) Please also note the sample MCQ questions on pp. li lviii (questions 1 and 26). Additional MCQs that refer to this topic may be placed on Moodle and discussed in the tutorial. Other information: In this first substantive tutorial, our focus is on gaining some understanding of the main concepts concerning the law and the legal system. We will focus, in particular, on: * the concept of law, the idea of the rule of law, and what it means, in a practical commercial sense, to conduct business in a country that respects the rule of law and where the judiciary is (and is seen to be) free from interference from government (see CACL, 1.20);

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* developing a basic understanding of Australia's path to constitutional independence, from first peoples to colonisation (consider terra nullius and the importance of Mabo), to federation and the Constitution; * undertaking a general comparison of the two main sources of law- parliament and the courts and applying the rules of statutory interpretation to a case study.  3

4

Topic: The Law of Contract - Intention, Consideration, Formalities, Capacity, Genuine Consent. Reading: CACL, chapters 4, and 5. CACL, chapter 7, specifically 7.475 7.485. Note:  Misrepresentation and unconscionable conduct will be taught in the Consumer Protection part of the unit, while negligent misrepresentation will be taught in the Law of Torts part of the unit.

Week 3 tutorial

Topic: The Law of Contract - Contents and Interpretation of the Contract. Reading: CACL, chapter 9.

Week 4 tutorial Assessment: Compulsory MCQ Test in tutorials - Please read the instructions in the assessment part of this Unit Guide. Questions: CACL, chapter 4, pp. 97 - 98, question 2,

Questions: CACL, chapter 3, pp. 86 - 88 Q5 and Q6 Questions for discussion: Consider what the basic functions of a contract are - what do they do? And why are they used in every commercial transaction? What is necessary for a binding agreement? For a practical illustration, look carefully at the recent High Court decision of Crown Melbourne v Cosmopolitan ( CACL, 3.760). Explain why did Crown win the case? In practical terms, what would you have advised Cosmopolitan to do to protect its commercial interests?

Questions: CACL, chapter 5, pp. 117 - 118, questions 1 and 4 (and 5 if time permits). Question 5 is a particularly interesting problem - for a hint, read Stilk (CACL, 5.132) then Williams v Roffey Bros (CACL, 5.135). 5

Topic: The Law of Contract - Termination and Remedies. Reading: CACL, chapters 11 - 12.

Week 5 tutorial Questions: CACL, chapter 9, pp. 208 - 210, questions2 and 4. Case study 1: Read Alameddine v Glenworth Valley Horse Riding P/L(CACL, 9.280) and explain why the exclusion clause did not protect the company?  How would you ensure that the exclusion clause protected the company in the future? Case study 2: Read two recent US cases - Specht (CACL, 9.470) and Meyer (CACL, 9.480) - involving online contracting. Are these sensible commercial decisions?

6

Topic: Topic:Consumer Protection - Overview, Misleading or Deceptive Conduct, Unconscionable Conduct, Specific False or Misleading Representations. Reading: Reading:CACL, chapter 13; specifically 13.10 -

Week 6 tutorial Questions: CACL ch 11 pp241-242 question 4; CACL pp262-263 question 8 Revision question: to assist with preparation for the midsemester tute in week 7 7a past mid-semester exam question will be placed on Moodle and discussed in tutorials 

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13.280, and 13.330 13.640. 7

Topic: Topic:Consumer Protection - Unfair Contract Terms,Enforcement and Penalties, and Consumer Guarantees. Reading: Reading:CACL, chapter 13; specifically 13.290 13.320, and 13.650 13.1160.

Week 7 tutorial Assessment: Compulsory mid-semester test. Please read the instructions in this Unit Guide carefully. If you have any questions, please ask your tutor.

8

Topic: The Law of Torts Introduction. Liability for negligent acts causing physical or psychological harm or pure economic loss - duty, breach, damage and defences. Reading: CACL Ch 14 paras 14.10-14.190, 14.390-14.460 and 14 49014.570

Week 8 tutorial Question: interactive tutorial exercise based on the iPhone(material to be uploaded on Moodle), the internet plan (see ACCC v TPG (CACL 13.61)), the loaf of bread (see ACCC v Coles (CACL 13.66)and thepain in the neck and other places (see ACCC v Reckitt Benckiser CACL 13.67). What do these four examples of misleading conduct tell us about the world of marketing and advertising? Questions: Questions:CACL, chapter 13, pp. 341 - 343, questions 7, 8(a), and 12. An interactive tutorial exercise based on the 'returns policy' under the ACL will be uploaded on Moodle.

9

Topic: Topic:The Law of Torts Professional Negligence, Breach of Duty, the Statutory Defence, Damage. Reading: Reading:CACL chapter 14; specifically 14.250 14.335,14.480 - 14.485, and 14.506.

Week 9 tutorial Questions: CACL Ch 14 pp381-383 question 5 in relation to Wang Li but not Jerry Guo. Past exam question question: (to be uploaded onto Moodle) students to prepare answers and work through themin the tutorial

10

Topic: The Law of Business Organisations Agency and Partnerships. Reading: Agency - CACL, chapter 15; specifically 15.10, 15.200 - 15.262, and 15.270 - 15.350. Partnerships - CACL, chapter 16; specifically 16.10, 16.110 - 16.190, 16.200 - 16.230, 16.270 16.300, 16.330 - 16.540, and 16.660.

Week 10 tutorial Past exam question: question: (to be uploaded onto Moodle) - students to prepare answers and work through themin the tutorial

11

Topic: The Law of Business Organisations Corporations Law and Trusts Reading: Corporations Law - CACL, chapter 17. Trusts- CACL, p. 391, specifically PT5.40

Week 11 tutorial Questions: CACL, chapter 15, p.420, questions1 and 6. Questions: CACL, chapter 16, p.460, questions 5, 7 -9.

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12

Revision lecture.

Week 12 tutorial Questions: CACL, chapter 17, pp. 491- 493, questions 1 - 3, and 11.

SWOT VAC

No formal assessment is undertaken during SWOT VAC.

Examination period

Linkto the Monash University Assessment in Coursework Units Policy: http://policy.monash.edu.au/policy-ban...