COMMLAW 1004BR - Commercial Law I

Course Details

Course Code	COMMLAW 1004BR
Course	Commercial Law I
Coordinating Unit	Adelaide Law School
Term	Semester 1
Level	Undergraduate
Location/s	Bradford College
Units	3
Available for Study Abroad and Exchange	N

Course Staff

Course Coordinator: Dr Mark Giancaspro

Course Coordinator: Mr John Tretola

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.

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	1,2,3

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 given 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 Modes

In this course students will be given information about the current state of business law in Australia and will use that information in working on given scenarios so they can consider the practical application and implications for business decision making in relation to commercial law in Australia. There will be a strong focus on problem solving using authentic business and commercial law examples.

Students will need to be able to demonstrate that they can apply correct case law, legislation and principles in support of the advice, recommednations or actions they propose.

It is therefore improtant that students: read the lecture slides before each lecture so that they can ask relevant questions in lectures; prepare written answers to tutorial questions prior to tutorials, based on prior reading and notes from lectures, so they can discuss their responses and the responses of others constructively in tutorials; and review notes from readings, lectures and tutorials to inform prepartion of assignmentsand for preparations for tests and the exam.

LECTURES AND TUTORIALS

There will be two one hour lectures per week over the course of this semester in this subject and for the first week of lectures students will be given an understanding of the Australian legal; system such as the role of the courts and court structure and approaches to interpreting legislation. In weeks 2 to 6 students will be given the basic information necessary to determine whether a contract has been formed, what terms are included as part of that contract and what remedies exist if there is a breach of contract.

Two teaching weeks will be allocated to discussing the law of negligence and how it affects business relationships. The remainder of the course will focus on consumer protection legislation issues such as those surrounding the manufacture and sale of unsafe goods; misleading and deceptive or unconscionable conduct in trade and commerce and some basic issues concerning the law of agency.

It is a requirement of this course that students undertake the prescribed preparation for tutorials and that every student speaks at every tutorial.

Please refer to Access Adelaide for your timetable and enrolment details.
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Tutorials
Classes will be held weekly commencing the second teaching week of the semester. Membership of tutorial classes is to be finalised by the end of the second week of semester. Students wishing to swap between tutorial classes after this time are required to present their case to the lecturer-in-charge, but should be aware that such a request will be unlikely to be approved in view of attendance and preparation at tutorials being assessed.

Tutorials are an important component of your learning in this course. The communication skills developed in tutorials by regularly and actively participating in discussions are considered to be most important by the School and are highly regarded by employers and professional bodies.

The full timetable of all activities for this course can be accessed from the Course Planner at

Workload

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

Course Timetable

Week Topics Tutorials

1 Introduction/The Legal System/Statutory Interpretation -
2 Contracts - Formation
3 Contracts - Formation/Express Terms
4 Contracts - Express terms/Implied Terms
5. Contracts - Implied terms/Remedies
6. Contracts-ending

Mid semester break

7. Class Test/Tort of Negligence
8. Tort of Negligence
9. Unsafe Goods
10 Misleading conduct
11 Unconscionable conduct/ unfair contract terms
12. Law of agency/Exam Review

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 mark	Length	Due date	Individual or Group	Redeemable	Learning outcomes
Online Quiz	10	20 questions	17/03/2017	Individual	No	1-2
Assignment	30	1750 words	28/04/2017	Individual	No	1-4
Exam	60	2 hours	Exam Period	Individual	No	1-2, 5

Each piece of assessment is compulsory. None of the assessment is redeemable.

Assessment Detail

The assessment components are as follows:

Tutorial Participation 10%

Students will be assessed on their regular contributions to class discussions. This is worth 10% of the final grade. If a student misses a tutorial then it will be necessary for that student to provide medical evidence as to why they could not attend that tutorial. This mark cannot be made up by attending another alternative tutorial as it also a requirement of this course that each student talks at every tutorial.

Students will be expected to prepare written responses to tutorial questions and to bring these to tutorials with the aim of discussing their responses at the tutorial.

Online tests x 2 (5% each) 10%
Students will need to complete 2 online tests which will cover the topic law of contract. These will be ehld between weeks 3 and 6.

Assignment 20%

The assignment will require a written answer to a legal problem of the type that will occur in the final exam. The assignment is worth 20% of the final grade.

Due Date: To be advised.

To be lodged online through the Turnitin linkl on my uni for this subject.

Final Exam 60%

There will be a three hour exam. It will be a partially open book exam in that students can bring in no more than 6 sheets (single sided) of handwritten or typed noted . The exam is worth 60% of the final grade.

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.

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.

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.

This section contains links to relevant assessment-related policies and guidelines - all university policies.

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.

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.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator

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