Course outline Code: LAW307 Title: Commercial Law USC Law School Teaching Session: Year: Course Coordinator: Office No: Phone No: Email: 1. Semester 1 2016 Mr Drossos Stamboulakis JG. 11 (07) 5456 3484 [email protected] What is this course about? 1.1 Course description This course introduces you to the fundamentals of commercial law, with emphasis on the Australian approach to it. We will first consider the purpose of commercial law, its form and function, and the role of lawyers and the legal system in commerce. We will examine key concepts in commercial transactions, including agency, personal property and its securitisation, laws regulating the sale of goods domestically and internationally, bankruptcy, guarantees, and insurance. Commercial dispute resolution processes and practices, including alternative dispute resolution, will also be canvassed. 1.2 1. 2. 3. 4. 5. 6. 7. 8. 9. 2. 12 units Course content The role of law and lawyers in commerce Fundamentals of commercial law Agency Personal property, financing and securitisation o Ownership and possession o Creation and enforcement of security interests Sale of goods legislative schemes o Sales of Goods Acts o Competition and Consumer Act provisions o International sales contracts Insurance Guarantees Bankruptcy Commercial dispute resolution Unit value Page 2 Course Outline: LAW307 Commercial Law 3. How does this course contribute to my learning? Specific Learning Outcomes On successful completion of this course you should be able to: Demonstrate an understanding of the range of legal issues that are included under the generic title ‘commercial law’ and your ability to provide sound legal advice utilising that knowledge Apply critical thinking to resolve a complex legal problem related to the law of sale of goods Assessment Tasks Graduate Qualities You will be assessed on the learning outcome in task/s: Completing these tasks successfully will contribute to you becoming: 1a, 1b, 2 and 3 Knowledgeable Creative and critical thinkers 2 Empowered 4. Am I eligible to enrol in this course? 4.1 Enrolment restrictions 4.2 Pre-requisites 4.3 Co-requisites 4.4 Anti-requisites 4.5 Specific assumed prior knowledge and skills 5. How am I going to be assessed? 5.1 Grading scale Refer to the Coursework Programs and Awards - Academic Policy for definitions of “pre-requisites, corequisites and anti-requisites” This course is available only to students enrolled in a Bachelor of Laws program. LAW204 LAW205 Nil Nil Standard – High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL) Page 3 Course Outline: LAW307 Commercial Law 5.2 Task No. 1 1a 1b 2 3 Assessment tasks Assessment Tasks Individual or Group Weighting % Optional on-line test: personal property and its securitisation Legal Advice: personal property and its securitisation Legal Advice: Sale of Goods End of semester 24hour take-home examination Individual 0% What is the duration / length? 30 minutes Individual 20% 1000 words Friday by 4pm, Week 6 SafeAssign Individual 30% 2000 words SafeAssign Individual 50% 24-hours – 2000 words Friday by 4pm, Week 12 Central examination period 100% When should I submit? Friday by 4pm, Week 4 Where should I submit it? Blackboard SafeAssign Assessment Task 1: Personal property under the PPSA – Quiz and Legal Advice Assessment Task 1a: Quiz Goal: To test your understanding of key concepts and principles covered in weeks 3-4 of the course Product: An optional test Format: Multiple choice questions Criteria You will be assessed on your understanding of the principles and concepts covered in weeks 3-4 Generic skill assessed Skill assessment level Communication Developing Problem solving Developing Assessment Task 1b: Legal Advice Goal: To demonstrate your understanding and knowledge of the nature and purpose of personal commercial property and the securitisation regime under the PPSA Product: A legal advice Format: A maximum 1000 word legal advice Criteria You will be assessed on: − Your correct identification of legal issues and the law appropriate to resolve these issues − Your understanding of the law of agency − Your skill of legal analysis − Your ability to communicate using accurate and concise language Generic skill assessed Skill assessment level Communication Developing Problem solving Developing Page 4 Course Outline: LAW307 Commercial Law Assessment Task 2: Sale of Goods – Legal Advice Goal: To demonstrate your knowledge of the law of sale of goods and your ability to provide legal advice utilising legislation, case law, and, where appropriate other domestic and international materials Product: Legal advice Format: A 2000 word advice Criteria You will be assessed on: − Your correct identification of legal issues and the law appropriate to resolve these issues − Your understanding of the law of sale of goods and, if relevant, product liability − Your skill of legal analysis − Your ability to communicate using accurate and concise language Generic skill assessed Skill assessment level Information Literacy Developing Problem solving Developing Assessment Task 3: End of semester exam Goal: Product: Format: Criteria To demonstrate your understanding of key concepts in Commercial Law Examination Short answer, essay or problem questions; 24-hours You will be assessed on: − Your understanding of key concepts in commercial law − Your ability to apply your knowledge to given fact scenarios − Your skills of legal analysis − Your ability to communicate using accurate and concise language Generic skill assessed Skill assessment level Communication Developing Problem solving Developing 5.3 Additional assessment requirements Safe Assign In order to minimise incidents of plagiarism and collusion, this course may require that some of its assessment tasks are submitted electronically via Safe Assign. This software allows for text comparisons to be made between your submitted assessment item and all other work that Safe Assign has access to. If required, details of how to submit via Safe Assign will be provided on the Blackboard site of the course. Eligibility for Supplementary Assessment Your eligibility for supplementary assessment in a course is dependent of the following conditions applying: a) The final mark is in the percentage range 47% to 49.4% b) The course is graded using the Standard Grading scale c) You have not failed an assessment task in the course due to academic misconduct 5.4 Submission penalties Late submission of assessment tasks will be penalised at the following maximum rate: • 5% (of the assessment task’s identified value) per day for the first two days from the date identified as the due date for the assessment task. Page 5 Course Outline: LAW307 Commercial Law • • • 10% (of the assessment task’s identified value) for the third day 20% (of the assessment task’s identified value) for the fourth day and subsequent days up to and including seven days from the date identified as the due date for the assessment task. A result of zero is awarded for an assessment task submitted after seven days from the date identified as the due date for the assessment task. Weekdays and weekends are included in the calculation of days late. To request an extension you must contact your course coordinator to negotiate an outcome. 6. How is the course offered? 6.1 Directed study hours 6.2 Teaching semester/session(s) offered 6.3 Course activities On campus Seminar: 2 hours per week and 1-hour recorded overview lecture and PowerPoint slides available via Blackboard Semester 1 Teaching Week / Module What key concepts/content will I learn? 1 The role of law and lawyers in commercial law What activities will I engage in to learn the concepts/content? Directed Independent Study Activities Study Activities Seminar 1 hour lecture via Blackboard before class Reading: Turner & Trone Ch 1 Fundamentals of commercial law 2 Fundamentals of commercial law (cont.) Seminar 1 hour lecture via Blackboard before class Reading: Turner & Trone Ch 13 Agency: duties, rights, and liabilities 3 The nature and uses of personal property Seminar 1 hour lecture via Blackboard before class Reading: Turner & Trone Ch 22 4 The nature and uses of personal property (cont.) Seminar 1 hour lecture via Blackboard before class Reading: Turner & Trone Ch 22 5 Securitisation of personal property under the PPSA Seminar 1 hour lecture via Blackboard before class Reading: Turner & Trone [19.900][19.1050]; see also Traves Ch 10 Page 6 Course Outline: LAW307 Commercial Law 6 Mid Semester Break Sale of goods: the contract of Seminar 1 hour lecture via Blackboard before class sale and transfer of property Reading: Turner & Trone Ch 14 7 Sale of goods: rights and remedies Seminar 1 hour lecture via Blackboard before class Reading: Turner & Trone Ch 14 8 International sales contracts Seminar 1 hour lecture via Blackboard before class Reading: Turner & Trone Ch 15 9 Insurance contracts Seminar 1 hour lecture via Blackboard before class Reading: Turner & Trone Ch 25 10 Guarantees Seminar 1 hour lecture via Blackboard before class Reading: Turner & Trone Ch 20 11 Bankruptcy Seminar 1 hour lecture via Blackboard before class Reading: Turner & Trone Ch 31 12 Commercial dispute resolution: processes and practice Seminar 1 hour lecture via Blackboard before class Turner & Trone Ch 1 Further details will be posted Blackboard 13 Revision & examination preparation Seminar 1 hour lecture via Blackboard before class Further details will be posted Blackboard Study Period Central Examination Period End of Semester Break Please note that the course activities may be subject to variation. 7. What resources do I need to undertake this course? 7.1 Prescribed text(s) You will need access to several pieces of legislation: details to be advised on Blackboard Author Year Title Publisher Cliver Turner and John Trone 2014 Australian Commercial Law Thomson Reuters Page 7 Course Outline: LAW307 Commercial Law 7.2 Required and recommended readings Lists of required and recommended readings may also be found for this course on its Blackboard site. These materials/readings will assist you in preparing for tutorials and assignments, and will provide further information regarding particular aspects of your course. Samantha Traves Commercial Law (3rd edition, 2014, Thomson Reuters) is also a useful concise text, which offers a different perspective on much of the course content. Chapter 10 of this book also discusses in more detail the operation of the Personal Property Securities Act than the prescribed text. Tthis Chapter has been extracted for study purposes, and placed on Blackboard. Your texts also have details of wider reading on individual topics. In the case of journal articles, most will be available through the USC Library. Your study and understanding of law will be enriched by wider reading. 7.3 Specific requirements 7.4 Risk management 8. How can I obtain help with my studies? 9. Links to relevant University policies and procedures Nil There is minimal health and safety risk in this course. It is your responsibility to familiarise yourself with the Health and Safety policies and procedures applicable within campus areas. In the first instance you should contact the Course Coordinator. Student Life and Learning provides additional assistance to all students through Peer Advisors and Academic Skills Advisors. You can drop in or book an appointment. To book: Tel: +61 7 5430 1226 or Email: [email protected] For more information on Academic Learning & Teaching categories including: • Assessment: Courses and Coursework Programs • Review of Assessment and Final Grades • Supplementary Assessment • Administration of Central Examinations • Deferred Examinations • Student Academic Misconduct • Students with a Disability http://www.usc.edu.au/university/governance-and-executive/policies-and-procedures#academic-learningand-teaching 10. Faculty/School specific information General enquiries and student support USC Law School Tel: +61 7 5456 5591 Fax: +61 7 5456 3406 Email: [email protected] Page 8 Course Outline: LAW307 Commercial Law Assignment Cover Sheets The USC assignment cover sheet can be found on the USC Portal (Blackboard) at: School of Law (Students) > Forms. It must be completed in full identifying student name, assignment title, tutor and tutorial time. This must be attached securely to the front of each assessment item prior to submission. Claims of loss of assignments will not be considered unless supported by a receipt. Hard Copy Submission to USC Law School There is a USC Law School Assignment Submission box in the foyer on the ground floor of J building, in front of the USC Law School. Please note that the foyer is under 24-hour CCTV surveillance. SafeAssign Submission If your course requests SafeAssign submission, there will be an electronic assessment submission area on Blackboard under “Assessment”. You will need to agree to the “Submission Declaration” before you are able to see the submission area.