COMMLAW 1004 - Commercial Law I
North Terrace Campus - Semester 1 - 2017
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General Course Information
Course Details
Course Code COMMLAW 1004 Course Commercial Law I Coordinating Unit Adelaide Law School Term Semester 1 Level Undergraduate Location/s North Terrace Campus Units 3 Contact 3 hours per week Available for Study Abroad and Exchange Y Incompatible LAW 1503 Contracts and LAW 1507 Tort Law Restrictions Not for LLB students Quota A quota may apply Assessment Exam/assignments/tests/tutorial work as prescribed at first lecture Course Staff
Course Coordinator: Dr Mark Giancaspro
Course Coordinator
Name: Mr John Tretola
Location: Room 2.08, Ligertwood Building
Telephone: (08) 8313 8250 (work)
Email: john.tretola@adelaide.edu.au
Course Website: www.myuni.adelaide.edu.au
Consultations: Appointments can be made (on short notice) by email or telephone, at a mutually convenient time.
Contact details for other teaching staff can be found on the course website on MyUni.Course Timetable
The full timetable of all activities for this course can be accessed from .
Each week there will be a two-hour lecture on Wednesdays, commencing at 12:00pm in the Scott Lecture Theatre.
The full timetable of all activities for this course can be accessed from the Course Planner.
One-hour seminars will be held weekly, commencing in Week 2 beginning Monday 6 March. Students who wish to swap between seminar classes after class lists have been assigned must present their case to the Course Coordinator, but should be aware that such a request may not be approved.
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Learning Outcomes
Course Learning Outcomes
On successful completion of this course, students will be able to:- Analyse the foundational principles of commercial law, undertake self-directed research at a foundational level, and evaluate (complex) legal and business-related information
- Apply commercial law to complex problems/issues, critique the operation of commercial law from a theoretical perspective, either individually or as part of a team
- Structure and sustain concise and cohesive written and/or oral arguments for a professional audience
- Conduct legal research and analysis at a foundational level independently in a professional/academic environment
- Analyse the impact/operation of commercial law from policy, comparative and interdisciplinary perspectives.
University Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
University Graduate Attribute Course Learning Outcome(s) Deep discipline knowledge
- informed and infused by cutting edge research, scaffolded throughout their program of studies
- acquired from personal interaction with research active educators, from year 1
- accredited or validated against national or international standards (for relevant programs)
1,2,3,4,5 Critical thinking and problem solving
- steeped in research methods and rigor
- based on empirical evidence and the scientific approach to knowledge development
- demonstrated through appropriate and relevant assessment
1,2,4 Teamwork and communication skills
- developed from, with, and via the SGDE
- honed through assessment and practice throughout the program of studies
- encouraged and valued in all aspects of learning
2,3,4 Career and leadership readiness
- technology savvy
- professional and, where relevant, fully accredited
- forward thinking and well informed
- tested and validated by work based experiences
1,2,3,4 Intercultural and ethical competency
- adept at operating in other cultures
- comfortable with different nationalities and social contexts
- able to determine and contribute to desirable social outcomes
- demonstrated by study abroad or with an understanding of indigenous knowledges
1,3 Self-awareness and emotional intelligence
- a capacity for self-reflection and a willingness to engage in self-appraisal
- open to objective and constructive feedback from supervisors and peers
- able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
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Learning Resources
Required Resources
Reading / Texts
The prescribed textbook for this course is Andy Gibson and Douglas Fraser, Business Law (Pearson, 9th ed, 2016). All assigned readings will be stipulated in the Study Guide and Reading List.
Recommended Resources
A series of recommended readings and resources are provided for each learning week. These are outlined in the Study Guide and Reading List.Online Learning
The MyUni course page for this course can be accessed at
Besides this Course Profile and the Study Guide, students can use MyUni to access copies of the PowerPoint slides used in lectures, recordings of lectures, assessment tasks and other course materials. Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course. -
Learning & Teaching Activities
Learning & Teaching Modes
Students in this course are expected to attend all lectures throughout the semester plus one one-hour seminar each week.
The lectures will offer an overview of the topics covered in the course, according to the schedule set out in 4.3 below. Each lecture will include opportunities for students to ask questions on the issues covered and engage in the discussion.The seminars involve small group discussion of selected issues covered in the course and are designed to encourage active engagement with the themes of the course.
The seminars are meant to be more of a guided, open forum for discussion and analysis, and will help students to think critically about the many significant issues addressed throughout the course. The questions assigned for each seminar will assist in providing some direction for this discussion.Workload
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
For 3-unit courses, students are expected to devote an average of 12 hours per week to their studies in it, including classes. Students in this course are expected to attend all lectures throughout the semester plus one one-hour seminar each week.
The assigned readings provide not only a context for the material covered in the lectures but for the seminars.
Copies of PowerPoint presentation slides used in the lectures will be made available on MyUni ahead of each lecture. These provide a basic outline of the points covered, though they should not be seen as a substitute for attendance or for the assigned readings. Some students may find it useful to print the slides out in advance of the relevant lectures and use them as a basis for taking notes.
The lectures are intended to provide an overview of the relevant themes and principles and to put them into context. They are not meant to tell students everything they need to know, but to serve as a guide for their own study. That study should involve, at the very least, reading through the material in the Study Guide and any other directed readings, and preparation of answers to the questions set for seminars.Learning Activities Summary
Week
Dates
Lecture topic
Seminar topic
1
Feb 27-Mar 3
The Australian Legal System
NO SEMINARS
2
Mar 6-10
Contracts: Formation
The Australian Legal System
3
Mar 13-17
Contracts: Terms
Contracts: Formation
4
Mar 20-24
Contracts: Termination and Remedies
Contracts: Terms
5
Mar 27-31
Contracts: Termination and Remedies
Contracts: Termination and Remedies
6
Apr 3-7
Business Structures and E-Commerce
Contracts: Termination and Remedies
MSB
Apr 10-14
NO LECTURE – MID-SEMESTER BREAK
NO SEMINARS
MSB
Apr 17-21
NO LECTURE – MID-SEMESTER BREAK
NO SEMINARS
7
Apr 24-28
Vitiating Factors (Misinformation)
Business Structures and E-Commerce
8
May 1-5
Vitiating Factors (Abuse of Power)
Vitiating Factors (Misinformation)
9
May 8-12
Tort of Negligence
Vitiating Factors (Abuse of Power)
10
May 15-19
Tort of Negligence
Tort of Negligence
11
May 22-26
Unsafe Products
Tort of Negligence
12
May 29-Jun 2
Exam Preparation, Q&A and Revision
Unsafe Products
13
Jun 5-9
NO LECTURE
NO SEMINARS
SWOT
Jun 12-16
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Assessment
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Summary
Assessment
item% of
final markLength
Due date
Individual
or GroupRedeemable
Learning
outcomesOnline Quiz
10
20 questions
17/03/2017
Individual
No
1-2
Assignment
30 redeemable
1750 words
28/04/2017
Individual
Yes
1-4
Exam
60 or 90
2 hours
Exam Period
Individual
No
1-2, 5
Assessment Related Requirements
Each piece of assessment is compulsory. The assignment is redeemable.Assessment Detail
Online Quiz (10%)
Release Date: The Online Quiz will be available from 9:00am on Monday 13 March 2017 via the relevant link on MyUni.
Due Date: The Online Quiz must be completed by 2:00pm on Friday 17 March 2017.
Details: This Online Quiz will require students to answer a 20-question multiple choice quiz on the Australian legal system and the principles of contract formation taught in Weeks 1-2. Students will be permitted to attempt the quiz multiple times during the assessment window, with the highest grade attained standing.
Assignment (30%)
Release Date: The Assignment will be released at 9:00am on Friday 7 April 2017.
Due Date: The Assignment must be submitted by 2:00pm on Friday 28 April 2017.
Details: This exercise will require students to answer a legal problem question similar to the kind that will be encountered in the exam. The Assignment must be submitted via the Turnitin submission box on MyUni. Further instructions regarding the Assignment will be contained in the question paper. The assignment mark is redeemable, for those who get a mark of at least 50%. This means that if a student passes the assignment, but does better on the exam, the exam will count for 90% of the student’s overall result in the course. Otherwise, the assignment counts for 30% of the student’s overall mark.Exam (60%)
Release Date: University exam period (TBA).
Due Date: N/A
Details: The Exam will be two hours in duration, with all course material (with the exception of materials taught in Week 1) being potentially examinable. The exam will be open book. Further information regarding the Exam will be delivered to students closer to the date.Submission
- Students must retain a copy of all assignments submitted.
- The assignment must be submitted via 'Turn-It-In' on MyUni. Details for electronic submission through Turnitin will be provided with the assignment instructions. By submitting your assignment you are agreeing to the following:
- I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the . I have also read the University's .
- I give permission for my assessment work to be reproduced and submitted to other academic staff for the purposes of assessment and to be copied, submitted and retained in a form suitable for electronic checking of plagiarism.
- Late Submission: Where an assignment is submitted after the due date and without an extension, penalties of 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay graded 63% will have 5% deducted if it is one hour late, for a final grade of 58%, 10% if it is 25 hours late, etc. This penalty may be increased where the assignment is to be completed in a period of less than a week.
- Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (i.e. with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information, separate bibliography or list of sources. Quotations and all referencing information are included in the word count. If the word limit is seriously misstated, this may be regarded as academic dishonesty.
- Extensions: Requests for extensions must be made via the ‘Application for Assessment Extension’ form
available at http://www.adelaide.edu.au/student/exams/forms/. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.
- Style of written work: All written work in the Law school is required to comply with the approved Law School style guide, the Australian Guide to Legal Citation. However, on account of the fact that this topic is taught into the Business School and is not law-specific, Harvard or APA referencing will also be accepted.
- Turnaround time: The assignment for this course will be returned to students within 3 weeks of the submission date. Written individual feedback will be provided on each paper.
Course Grading
Grades for your performance in this course will be awarded in accordance with the following scheme:
M10 (Coursework Mark Scheme) Grade Mark Description FNS Fail No Submission F 1-49 Fail P 50-64 Pass C 65-74 Credit D 75-84 Distinction HD 85-100 High Distinction CN Continuing NFE No Formal Examination RP Result Pending Further details of the grades/results can be obtained from Examinations.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.
Final results for this course will be made available through .
Approval of Results by Board of Examiners
Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester. -
Student Feedback
The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.
The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including ongoing engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as CEQ surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy () course SELTs are mandated and must be conducted at least once every 2 years. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data can be found at: .
Students will be encouraged to participate in the SELT survey, as an opportunity to provide feedback to the teaching staff in relation to the course.
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Student Support
- Academic Integrity for Students
- Academic Support with Maths
- Academic Support with writing and study skills
- Careers Services
- Library Services for Students
- LinkedIn Learning
- Student Life Counselling Support - Personal counselling for issues affecting study
- Students with a Disability - Alternative academic arrangements
Occupational Health and Safety Arrangements
The School is committed to upholding the University’s Policy on Occupational Health and Safety (OH&S). All staff and students have a legal responsibility to act in the interests of themselves and others with respect to OH&S. To assist us, and to comply with your responsibilities, you are required to become informed about emergency evacuation procedures and the evacuation areas for the classes you attend.
Evacuation Procedures
Staff and students must leave the building via the fire stairs once the notice to evacuate has been given. The lifts should not be used. Those experiencing difficulties leaving the building should notify the floor warden. Staff and students may return to the building only after the Warden has granted permission.
Medical Emergencies & First Aid In a life threatening situation only- telephone 8303 5444.
Representatives and Officers
First Aid officers are trained to deal with first aid situations. School Safety Officers represent the Head of School in OH&S matters. The elected OH&S Representative can represent staff and students in OH&S issues.
Accident and Incident Reporting
OH&S legislation demands that all accidents and near-miss incidents be reported to the School Manager or Head of School. In the event of an accident or incident the person involved, and their supervisor, must complete an Accident/Incident Report and Investigation Form, within 48 hours of the accident/incident. A copy of the completed form is to be forwarded to the OH&S Safety Officer. Copies of the form are available from the OH&S Representative or Safety Officer. -
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangements Policy
- Academic Integrity Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs Policy
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment Policy
- Reasonable Adjustments to Learning, Teaching & Assessment for Students with a Disability Policy
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
Plagiarism and other forms of cheating
Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.
Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.
Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer. -
Fraud Awareness
Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.
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