LAW307 Course Outline Semester 1, 2016

advertisement
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.
Download