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Curtin Business School (CBS)
Curtin Graduate School of Business
Unit Outline
LAWS5001 Legal Framework for Managers
Trimester 3, 2015
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Unit study package code:
LAWS5001
Mode of study:
Fully Online
Tuition pattern summary:
Note: For any specific variations to this tuition pattern and for precise information refer to
the Learning Activities section.
Lecture: 1 x 3 Hours Weekly
This unit does not have a fieldwork component.
Credit Value:
25.0
Pre-requisite units:
Nil
Co-requisite units:
Nil
Anti-requisite units:
5934 (v.4) Legal Environment 560
Result type:
Grade/Mark
Approved incidental fees:
Information about approved incidental fees can be obtained from our website. Visit
fees.curtin.edu.au/incidental_fees.cfm for details.
Unit coordinator:
Title:
Name:
Phone:
Email:
Building:
Room:
Mr
Garry Claxton
+618 9266 1692
Garry.Claxton@gsb.curtin.edu.au
P01
Level
Teaching Staff:
Name:
Phone:
Email:
Building:
Room:
Inna Geoghegan
Please use the Discussion Boards
inna.geoghegan@gmail.com
NA
NA
Administrative contact:
Name:
Phone:
Email:
Building:
Room:
Margot Stacy Javillo
08 9266 1205
Margot.Javillo@curtin.edu.au
P01
116B
Learning Management System:
Blackboard (lms.curtin.edu.au)
LAWS5001 Legal Framework for Managers
Perth City Campus
21 Aug 2015
Curtin Graduate School of Business, Curtin Business School (CBS)
Page: 1 of 11
CRICOS Provider Code 00301J
The only authoritative version of this Unit Outline is to be found online in OASIS
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Curtin Business School (CBS)
Curtin Graduate School of Business
Acknowledgement of Country
We respectfully acknowledge the Indigenous Elders, custodians, their descendants and kin of this land past and present.
Syllabus
This unit focuses on introducing students without a legal studies background to the basic legal concepts and areas of law they are
likely to confront as managers. The unit aims to provide an analytical framework for addressing these legal issues. As a method of
exploration and application of the legal concepts, the unit emphasises legal problem-solving through applying prior decisions
(precedent cases) in a number of key areas of business law.
Introduction
This unit focuses on introducing students without a legal studies background to the basic legal concepts and areas of law they are
likely to confront as managers. The unit aims to provide an analytical framework for addressing these legal issues. As a method of
exploration and application of the legal concepts, the unit emphasises legal problem-solving through identifying and applying prior
decisions (precedent cases) and identifying and applying relevant statute law in a number of key areas of business law.
Unit Learning Outcomes
All graduates of Curtin University achieve a set of nine graduate attributes during their course of study. These tell an employer that,
through your studies, you have acquired discipline knowledge and a range of other skills and attributes which employers say would
be useful in a professional setting. Each unit in your course addresses the graduate attributes through a clearly identified set of
learning outcomes. They form a vital part in the process referred to as assurance of learning. The learning outcomes tell you what
you are expected to know, understand or be able to do in order to be successful in this unit. Each assessment for this unit is carefully
designed to test your achievement of one or more of the unit learning outcomes. On successfully completing all of the assessments
you will have achieved all of these learning outcomes.
Your course has been designed so that on graduating we can say you will have achieved all of Curtin's Graduate Attributes through
the assurance of learning process in each unit.
Graduate
Attributes
addressed
On successful completion of this unit students can:
1 Select basic legal principles which are important to management and business
2 Identify the concepts underlying contract law and some of the contractual problems facing managers in a
modern business environment; apply legal principles to practical problems that could be encountered in a
business environment
3 Communicate legal knowledge and analysis appropriately to inform business decisions related to an
organisation
4 Access legal information, including commentary relevant for business from a variety of sources including the
internet
Curtin's Graduate Attributes
Apply discipline knowledge
Thinking skills
Information skills
(use analytical skills to solve problems)
(confidence to investigate new ideas)
Communication skills
Technology skills
International perspective
Cultural understanding
(value the perspectives of others)
(value the perspectives of others)
Learning how to learn
(apply principles learnt to new situations)
(confidence to tackle unfamiliar problems)
Professional Skills
(work independently and as a team)
(plan own work)
Find out more about Curtin's Graduate attributes at the Office of Teaching & Learning website: ctl.curtin.edu.au
LAWS5001 Legal Framework for Managers
Perth City Campus
21 Aug 2015
Curtin Graduate School of Business, Curtin Business School (CBS)
Page: 2 of 11
CRICOS Provider Code 00301J
The only authoritative version of this Unit Outline is to be found online in OASIS
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Curtin Business School (CBS)
Curtin Graduate School of Business
Learning Activities
This unit is offered fully online, with no face to face component.
Learning Resources
Essential texts
The required textbook(s) for this unit are:
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Latimer, Paul. 2015. Australian Business Law. 34th ed. Sydney: CCH.
(ISBN/ISSN: 978-1-925159-69-1)
Other resources
Claxton, Garry and Yorke, Doug. 2008. The Australian Legal Environment. Curtin University Publication. This is available to students for free as part of the online unit materials.
LAWS5001 Legal Framework for Managers
Perth City Campus
21 Aug 2015
Curtin Graduate School of Business, Curtin Business School (CBS)
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Curtin Graduate School of Business
Assessment
Assessment schedule
Task
Value %
3
Unit Learning
Outcome(s)
Assessed
Written assessment
15 percent
Week: Please refer to
1,3,4
Day: Program Calendar
and
Time: Blackboard
Written assessment
35 percent
Week: 8
1,2,3,4
Day: Monday, 26 Oct
Time: 9am (Perth time)
Case analysis
50 percent
Week: 13
1,2,3,4
Day: Monday, 30 Nov
Time: 9am (Perth time)
1
2
Date Due
Detailed information on assessment tasks
1. Assessment 1: Online Participation (3 discussions x 5% = 15%)
The students are required to build their Student Home Journal (compulsory activity) and also take part in three assessable
discussions of legal problem questions (each contributing 5% towards the unit’s total). Discussion protocol and fictional
scenarios will be available in the Assessment section of your online unit in Blackboard.
Student Home Journal
Building your Student Home Journal is an important part of your online unit as it creates your ‘identity’ within the unit and
enables your peers to get to know you and work with you. You will find detailed instructions on what is required in the initial
discussion in your online unit and instructions on how to build your Student Home Journal in the Learning Hub section. Please
ensure you have the following information in your Student Home Journal:
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Photograph of yourself
Introduction: who you are, where you work, background education and experience, city where you live.
Personal Information: anything you feel you might like to share about yourself (hobbies, interests, languages spoken,
special skills).
Favourite Links: web sites you enjoy and would like to share with other students. You may also wish to include a link to
your LinkedIn profile, Twitter account or other relevant personal web site or blog.
Completion of the Student Home Journal is ESSENTIAL for your participation in this unit. Failure to complete the individual
Student Home Journal will result in the deduction of 5% of your overall grade. Please complete it by the due date in the
program calendar.
2. Assessment 2: Legal problem (35%)
The problem scenario will be available in the Assessment section of your online unit in Blackboard. This is a fictional
scenario legal problem question, and you will be building on the skills that you have learned participating in the first two
discussions.
3. Assessment 3: Legal Knowledge Review (50%)
In order to comprehensively assess your retention of the legal material covered, you will be required to complete a legal
knowledge review. The questions for review will be posted online in Week 12. Week 13 will be a study week; completed legal
review must be posted online by 9am (Perth Time) on Monday, 30 November. The review may cover all of the material in the
course and may include a series of short answer questions and problem questions.
Supplementary Notes on Writing Law Assignments
Most of the questions that you will have to consider in this unit will be what lawyers call problem questions. This is where a set
of fictitious facts are given, and you will be asked to comment on the legal issues, advise the parties or something similar.
The following general approach to the answering of legal problems is expected.
Before starting to write your answer, read the whole question in order to identify the general area of law with which it deals
LAWS5001 Legal Framework for Managers
Perth City Campus
21 Aug 2015
Curtin Graduate School of Business, Curtin Business School (CBS)
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The only authoritative version of this Unit Outline is to be found online in OASIS
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Curtin Business School (CBS)
Curtin Graduate School of Business
and the particular issues which the question raises.
You will be assessed on your ability to demonstrate that you are capable of recognising these legal issues, that you can
explain the relevant principles in a coherent manner, and that you can make a reasonable attempt at applying those
principles. At this stage in your legal career explaining the principles clearly is the most important of these tasks.
To produce the best answer (and obtain the highest marks) you should adopt the following approach:
1.
2.
3.
4.
5.
6.
First, indicate the area of law concerned, e.g. "This question deals with the remedies for breach of contract".
Then briefly introduce in general terms the principles of law applicable to this area of law, citing relevant authorities, i.e.
cases and statutes. This should be brief and only expand on the relevant areas.
Apply the law to the facts, indicate how the facts fit (or don’t fit) the legal propositions. This is the analysis that is the
most critical part of the answer and should take up about 75- 90% of it.
Provide a short conclusion. In the end a conclusion is necessary although you will not be penalised for arrive at a
different conclusion to the marker. The journey and application of the legal principles is more important than the end
conclusion.
The questions are hypothetical; they are designed to test your legal knowledge, not your common sense or practical
knowledge of the world. Also you may assume all the facts can be proved, unless there is some special requirement,
e.g. whether a particular contract needs to be in writing.
As a general rule the more legal information you provide the better, bearing in mind the quantum of information you
have been given in classes and in the prescribed texts.
On the other hand, your answer needs to be focused. An answer which outlines a range of legal matters not
pertinent to the question at hand may give the assessor the impression that the student has been unable to identify
the key issue, and is using a “shot gun” approach.
Further guidance on how to approach legal problem questions will be provided online.
Pass requirements
To pass this unit, all assessment items must be attemtpted. The total of all marks must be 50% or higher.
Fair assessment through moderation
Moderation describes a quality assurance process to ensure that assessments are appropriate to the learning outcomes, and that
student work is evaluated consistently by assessors. Minimum standards for the moderation of assessment are described in the
Assessment and Student Progression Manual, available from policies.curtin.edu.au/policies/teachingandlearning.cfm
Late assessment policy
This ensures that the requirements for submission of assignments and other work to be assessed are fair, transparent, equitable, and
that penalties are consistently applied.
1.
2.
All assessments students are required to submit will have a due date and time specified on this Unit Outline.
Students will be penalised by a deduction of ten percent per calendar day for a late assessment submission (eg a mark
equivalent to 10% of the total allocated for the assessment will be deducted from the marked value for every day that the
assessment is late). This means that an assessment worth 20 marks will have two marks deducted per calendar day late. Hence
if it was handed in three calendar days late and given a mark of 16/20, the student would receive 10/20. An assessment more
than seven calendar days overdue will not be marked and will receive a mark of 0.
Assessment extension
A student unable to complete an assessment task by/on the original published date/time (eg examinations, tests) or due date/time
(eg assignments) must apply for an assessment extension using the Assessment Extension form (available from the Forms page at
students.curtin.edu.au/administration/) as prescribed by the Academic Registrar. It is the responsibility of the student to demonstrate
and provide evidence for exceptional circumstances beyond the student's control that prevent them from completing/submitting the
assessment task.
The student will be expected to lodge the form and supporting documentation with the unit coordinator before the assessment
date/time or due date/time. An application may be accepted up to five working days after the date or due date of the assessment
task where the student is able to provide an acceptable explanation as to why he or she was not able to submit the application prior
to the assessment date. An application for an assessment extension will not be accepted after the date of the Board of Examiners'
LAWS5001 Legal Framework for Managers
Perth City Campus
21 Aug 2015
Curtin Graduate School of Business, Curtin Business School (CBS)
Page: 5 of 11
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The only authoritative version of this Unit Outline is to be found online in OASIS
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Curtin Business School (CBS)
Curtin Graduate School of Business
meeting.
Deferred assessments
If your results show that you have been granted a deferred assessment you should immediately check your OASIS email for details.
Deferred examinations/tests will be held from 17/04/2015 to 04/08/2015 . Notification to students will be made after the Board of
Examiners’ meeting via the Official Communications Channel (OCC) in OASIS.
Supplementary assessments
Supplementary assessments are not available in this unit.
Referencing style
The referencing style for this unit is Chicago.
More information can be found on this style from the Library web site: library.curtin.edu.au.
Academic Integrity (including plagiarism and cheating)
Any conduct by a student that is dishonest or unfair in connection with any academic work is considered to be academic misconduct.
Plagiarism and cheating are serious offences that will be investigated and may result in penalties such as reduced or zero grades,
annulled units or even termination from the course.
Plagiarism occurs when work or property of another person is presented as one's own, without appropriate acknowledgement or
referencing. Submitting work which has been produced by someone else (e.g. allowing or contracting another person to do the work
for which you claim authorship) is also plagiarism. Submitted work is subjected to a plagiarism detection process, which may include
the use of text matching systems or interviews with students to determine authorship.
Cheating includes (but is not limited to) asking or paying someone to complete an assessment task for you or any use of
unauthorised materials or assistance during an examination or test.
For more information, including student guidelines for avoiding plagiarism, refer to the Academic Integrity tab in Blackboard or
academicintegrity.curtin.edu.au.
Information and Communications Technology (ICT) Expectations
Curtin students are expected to have reliable internet access in order to connect to OASIS email and learning systems such as
Blackboard and Library Services.
You may also require a computer or mobile device for preparing and submitting your work.
For general ICT assistance, in the first instance please contact OASIS Student Support:
oasisapps.curtin.edu.au/help/general/support.cfm
For specific assistance with any of the items listed below, please contact The Learning Centre:
life.curtin.edu.au/learning-support/learning_centre.htm
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Using Blackboard, the I Drive and Back-Up files
Introduction to PowerPoint, Word and Excel
LAWS5001 Legal Framework for Managers
Perth City Campus
21 Aug 2015
Curtin Graduate School of Business, Curtin Business School (CBS)
Page: 6 of 11
CRICOS Provider Code 00301J
The only authoritative version of this Unit Outline is to be found online in OASIS
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Curtin Business School (CBS)
Curtin Graduate School of Business
Additional information
This unit is supplemented in Blackboard, a web-based learning environment that is to be used in conjunction with face to face
delivery of the unit. If you are new to online environment, we encourage you to look at the CBS Online section of the website
at http://business.curtin.edu.au/schools/cgsb/current_students/studying_online/index.cfm
This website provides useful information about Blackboard. Should you require assistance of any kind, please make sure you
direct your queries to the appropriate area in order to get the result you need quickly. For content-related issues, contact your
Lecturer. For technical issues relating to your online unit, please fill in the online help form available from the above website. Access
to your online unit on Blackboard will become available once the study period has started. It is recommended that you access your
online Blackboard unit through OASIS, your student portal at Curtin. You will find the Blackboard option located under the
‘My Studies’ tab.
You can also use the direct link: http://www.lms.curtin.edu.au/ . Should you choose to use this link, you will need to use your login
and password which are exactly the same as for OASIS. If you have not activated your OASIS logon, please go to
http://www.oasis.curtin.edu.au and follow the prompts. If you are a new student, please note that to activate OASIS logon you have to
know your student number, which is to be found on your letter of offer.
Scheduled CITS outages Scheduled Maintenance occurs when Curtin Information Technology Services (CITS) takes one or more University systems offline
for up to 12 hours to complete routine repairs. During these Scheduled Maintenance windows major maintenance may take place
and may affect multiple systems. You should plan for limited or no access to Curtin systems and network, including the possible
absence of internet connectivity.
You will be notified two weeks prior to the Scheduled Maintenance window with a detailed list of affected IT services and
their associated outage windows. Notices about scheduled maintenance periods are posted in OASIS and will indicate which systems
will be affected. When Blackboard is affected specifically, notices about upcoming outages will also be posted on the Blackboard
login page. Please pay attention to these notices as they will affect your access to the system (thus your assessment submission!). You may
also refer to the following link for updates on maintenance work (scroll to the bottom of the screen for “Blackboard Maintenance”):
http://cits.curtin.edu.au/support/scheduled_maintenance_service_availability.cfm
Submission of all Written Assignments through Turnitin The majority of your written assessments will be submitted through Turnitin via Blackboard. Submission upload links are located in the
‘Assessment’ section on Blackboard within their respective assessment ‘folder’ (in most units). You will also be given the option
to upload a draft of each assessment to Turnitin prior to your final submission. If you choose to upload a draft (referred to in Turnitin
as a “Revision”), Turnitin will generate an Originality Report to help you pinpoint any referencing issues. Make good use of
this feedback to improve your writing before uploading your final submission.
If you require further information about how to reference correctly, please visit the Library
website ( http://libguides.library.curtin.edu.au/content.php?pid=141214), book in to a Library workshop, or access the online
Referencing module in the SUCCESS for CGSB Students Blackboard site (a link to the SUCCESS site appears alongside the other
Blackboard sites you have access to).
Assessment Guidelines Marks for each assignment are posted into the Blackboard Grade Centre which is the University’s official repository for all grades.
Whilst Grade Centre access is restricted to Curtin staff only (UC, Lecturers and LMS support personnel), students can view their
grades via My Grades. The My Grades option is accessible off the main menu in all CGSB Blackboard units.
Enrolment
It is your responsibility to ensure that your enrolment is correct - you can check your enrolment through the eStudent option on
OASIS, where you can also print an Enrolment Advice.
LAWS5001 Legal Framework for Managers
Perth City Campus
21 Aug 2015
Curtin Graduate School of Business, Curtin Business School (CBS)
Page: 7 of 11
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The only authoritative version of this Unit Outline is to be found online in OASIS
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Student Rights and Responsibilities
It is the responsibility of every student to be aware of all relevant legislation, policies and procedures relating to their rights and
responsibilities as a student. These include:
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the Student Charter
the University's Guiding Ethical Principles
the University's policy and statements on plagiarism and academic integrity
copyright principles and responsibilities
the University's policies on appropriate use of software and computer facilities
Information on all these things is available through the University's "Student Rights and Responsibilities" website at:
students.curtin.edu.au/rights.
Student Equity
There are a number of factors that might disadvantage some students from participating in their studies or assessments to the best
of their ability, under standard conditions. These factors may include a disability or medical condition (e.g. mental illness, chronic
illness, physical or sensory disability, learning disability), significant family responsibilities, pregnancy, religious practices, living in a
remote location or another reason. If you believe you may be unfairly disadvantaged on these or other grounds please contact
Student Equity at eesj@curtin.edu.au or go to http://eesj.curtin.edu.au/student_equity/index.cfm for more information
You can also contact Counselling and Disability services: http://www.disability.curtin.edu.au or the Multi-faith services:
http://life.curtin.edu.au/health-and-wellbeing/about_multifaith_services.htm for further information.
It is important to note that the staff of the university may not be able to meet your needs if they are not informed of your individual
circumstances so please get in touch with the appropriate service if you require assistance. For general wellbeing concerns or advice
please contact Curtin's Student Wellbeing Advisory Service at:
http://life.curtin.edu.au/health-and-wellbeing/student_wellbeing_service.htm
Recent unit changes
Students are encouraged to provide unit feedback through eVALUate, Curtin's online student feedback system. For more information
about eVALUate, please refer to evaluate.curtin.edu.au/info/.
To view previous student feedback about this unit, search for the Unit Summary Report at
https://evaluate.curtin.edu.au/student/unit_search.cfm. See https://evaluate.curtin.edu.au/info/dates.cfm to find
out when you can eVALUate this unit.
Recent changes to this unit include:
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Reduction in assessment load.
Clearer delineation of accountable reading requirements for unit
LAWS5001 Legal Framework for Managers
Perth City Campus
21 Aug 2015
Curtin Graduate School of Business, Curtin Business School (CBS)
Page: 8 of 11
CRICOS Provider Code 00301J
The only authoritative version of this Unit Outline is to be found online in OASIS
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Curtin Business School (CBS)
Curtin Graduate School of Business
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Program calendar
Module
Lecture
Date
Module Topic
Readings
Assessment Due
Dates
1
2
3
4
Online unit becomes available
Unit Outline; please familiarise
yourselves with the online unit
31
August
INTRODUCTION TO BUSINESS LAW
Latimer, Chapter 1
Yorke, Chapter 1
Complete your Student Home Journal by 7
September.
7
September
CONSTITUTIONS AND SOURCES OF THE LAW
Latimer, Chapter 1
Yorke Chapter 1
Discussion 1 starts:
14
September
FORMATION OF A CONTRACT
Latimer, Chapter 5
Yorke Chapter 3
Discussion 1 closes on 21 September.
21 September
INVALID CONTRACTS
The Legal System, Courts and Tribunals, Sources of the Law (Statute
Law)
Requirement of a Valid Contract, Formalities, Intention to Create Legal
Relations, Agreement, Consideration
Void and Voidable Contract, Genuine Consent, Legality
5
6
24 August
Latimer, Chapter 5
Yorke Chapter 4
28
September
OPERATION OF THE CONTRACT
Latimer, Chapter 6
The Content of the Contract, The Ambit of the Contract
Yorke Chapter 5
5 October
TERMINATION OF THE CONTRACT
Latimer, Chapter 6
Discharge, Performance, Agreement, Breach, Lapse of Time,
Operation of Law, Frustration, Remedies For Breach
Yorke Chapter 6
LAWS5001 Legal Framework for Managers
Perth City Campus
21 Aug 2015
Curtin Graduate School of Business, Curtin Business School (CBS)
Complete 1st contribution by 14 September.
Discussion 2 starts: Complete 1st contribution by 5
October.
Discussion 2 closes on 12 October.
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Curtin Graduate School of Business
7
8
9
10
12 October
19 October
26 October
2
November
TORTS
Latimer, Chapter 4
Torts and Civil Wrong, Overview of the Tort of Negligence, Negligent
Misstatement, Tort Liability of Employer
Yorke Chapter 2
CHOOSING A BUSINESS STRUCTURE
Latimer, Chapter 9
Introduction, Sole Trader, Partnership, Company
Yorke Chapter 9
CONSUMER LAW
Latimer, Chapter 7
Sale of Goods, Misleading and Deceptive Conduct, The Legislation,
False Representation Other Unfair Practices, Remedies and Defences
Yorke Chapter 7
COMPETITION LAW
Latimer, Chapter 8
An Overview, Contracts Arrangements and Understandings, Price
Fixing, Misuse of
Yorke Chapter 8
Assessment 2: Legal Problem Question due by
9am (Perth time) on Monday, October 26
Discussion 3 starts: Complete 1st contribution by 9
November.
LAWS5001 Legal Framework for Managers
Perth City Campus
21 Aug 2015
Curtin Graduate School of Business, Curtin Business School (CBS)
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11
9 November
Market Power, Exclusive Dealing, Resale Price Maintenance, Price Discrimination,
Mergers
AGENCY
Latimer, Chapter
11
Discussion 3 closes on 16 November.
Essential Principles, Duties, Liabilities, Termination
12
16
November
INSURANCE
Latimer, Chapter
17
Formation of the Insurance Contract, The Concepts of Insurance Law, Insurance
Contracts Act
Legal Knowledge Review Questions posted online.
Yorke Chapter
10
13
23
November
Study Week – work on Legal Knowledge Review Questions for submission next
Monday.
14
30
November
Submit your Legal Knowledge Review today.
LAWS5001 Legal Framework for Managers
Perth City Campus
21 Aug 2015
Curtin Graduate School of Business, Curtin Business School (CBS)
eVALUate opens
Yorke Chapter
11
Legal Knowledge Review due by 9am (Perth time) on Monday, 30
November.
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