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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.

COMMLAW 1004 Commercial Law I Semester 2, 2017
Week	Dates	Lecture topic	Seminar topic
1	July 24-28	The Australian Legal System	NO SEMINARS
2	July 31-Aug 4	Contracts: Formation	The Australian Legal System: Regulation of the Australian Economy
3	Aug 7-11	Contracts: Terms	Contracts: Formation
4	Aug 14-18	Contracts: Termination and Remedies	Contracts: Terms
5	Aug 21-25	Contracts: Termination and Remedies	Contracts: Termination and Remedies
6	Aug 28-Sept 1	Business Structures and E-Commerce	Contracts: Termination and Remedies
7	Sept 4-8	Vitiating Factors (Misinformation)	Business Structures and E-Commerce
8	Sept 11-15	Vitiating Factors (Abuse of Power)	Vitiating Factors (Misinformation)
MSB	Sept 18-22	NO LECTURE – MID-SEMESTER BREAK	NO SEMINARS
MSB	Sept 25-29	NO LECTURE – MID-SEMESTER BREAK	NO SEMINARS
9	Oct 2-6	Tort of Negligence	Vitiating Factors (Abuse of Power)
10	Oct 9-13	Tort of Negligence	Tort of Negligence
11	Oct 16-20	Unsafe Products	Tort of Negligence
12	Oct 23-17	Revision	Unsafe Products
SWOT

On successful completion of this course, students will be able to:

1. Analyse the foundational principles of commercial law, undertake self-directed research at a foundational level, and evaluate (complex) legal and business-related information
2. 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
3. Structure and sustain concise and cohesive written and/or oral arguments for a professional audience
4. Conduct legal research and analysis at a foundational level independently in a professional/academic environment
5. Analyse the impact/operation of commercial law from policy, comparative and interdisciplinary perspectives.

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.

A series of recommended readings and resources are given for each learning week. These are outlined in the Study Guide and Reading List.

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.

The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

Week	Dates	Lecture topic	Seminar topic
1	July 24-28	The Australian Legal System	NO SEMINARS
2	July 31- Aug 4	Contracts: Formation	The Australian Legal System
3	Aug 7-11	Contracts: Terms	Contracts: Formation
4	Aug 14-18	Contracts: Termination and Remedies	Contracts: Terms
5	Aug 21-25	Contracts: Termination and Remedies	Contracts: Termination and Remedies
6	Aug 28-Sept 1	Business Structures and E-Commerce	Contracts: Termination and Remedies
7	Sept 4-8	Vitiating Factors (Misinformation)	Business Structures and E-Commerce
8	Sept 11-15	Vitiating Factors (Abuse of Power)	Vitiating Factors (Misinformation)
MSB	Sept 18-22	NO LECTURE – MID-SEMESTER BREAK	NO SEMINARS
MSB	Sept 25-29	NO LECTURE – MID-SEMESTER BREAK	NO SEMINARS
9	Oct 2-6	Tort of Negligence	Vitiating Factors (Abuse of Power)
10	Oct 9-13	Tort of Negligence	Tort of Negligence
11	Oct 16-20	Unsafe Products	Tort of Negligence
12	Oct 23-27	Revision	Unsafe Products
SWOT

Assessment item	% of final mark	Due date	Individual or Group	Redeemable	Learning outcomes
Online Quizzes	10	17/08/2017 and 7/09/2017	Individual	No	1-4
Assignment	30	9/10/2017	Individual	Yes (provided a bona fide is made evidenced by a mark being achieved of at least 35% in the assignment).	1-4
Exam	60	Exam Period	Individual	No	1-4

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

The assessment components are as follows:

1.Online Quizzes (10%)

Release Date: There will be two online quizzes each worth 5%. The first will be on the Australian Legal System and will be made available in week 3 (week beginning Monday 7th August) with the second available from 9:00am on Monday 4th September 2017 via the relevant link on MyUni.

Due Date: The first online quiz must be completed by 2:00pm on Wednesday 9th August 2017 and the second to be completed by 2.00pm on Wednesday 6th September 2017.

Details: The first online quiz will require students to answer a 5 question multiple choice quiz on the Australian legal system and the second online quiz will require students to answer a 5 question multiple choice quiz on various principles of contract law taught over weeks 2-5. Students will only be able to attempt the quiz once during the assessment window.

2. Assignment (30%)

Release Date: The Assignment will be released at 2:00pm on Friday 15th September 2017.

Due Date:The Assignment must be submitted by 2:00pm on Monday 9th October 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 is redeemable by the exam but only if a bona fide effort is achieved, evidenced by a grade in the assignment of at least 35%.

3. Exam (60%)

Release Date: University exam period. Due Date: N/A

Details: The Exam will be three hours in duration, with all course material being potentially examinable. The exam will be open book and so students can bring in any material they wish including lecture notes; tutorial solutions etc.  Further details about the exam will be delivered to students closer to the date.

1. Students must retain a copy of all assignments submitted.
2. 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:
1. 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 .
2. 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.
3. 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. 
4. 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.
5. Extensions: Requests for extensions must be made via email to the course coordinator. 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.

6. 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.
7. 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.

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 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.

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.