成人大片

Program Director Contact Details:
Project Management
Name: Assoc. Prof. Indra Gunawan
Email: indra.gunawan@adelaide.edu.au

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Teaching Staff:

Name: Dr Bernard Wong
Email: bernard.wong@adelaide.edu.au

Monday 9th October to Sunday 17th December 2017

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

1	Gain access to the law related to the procurement of goods and services, apply the common law and statutory obligations of vendor and purchaser in typical situations and be aware how the common law and statutory obligations of the parties to a transaction might be varied by agreement;
2	Have an overview of law relating to international transactions and the law relating to corporations, intellectual property, negotiable instruments, employment contracts and project management contracts;
3	Have some knowledge of the Contracts Code of the People’s Republic of China;
4	Apply the principles of modern dispute resolution and have the appropriate skills to consult legal resources related to the solution of a particular legal problem. The students need to consult legal textbooks, statutes and reports of decided cases. This information is to be found in electronic databases, law reports, books and periodical literature;
5	Search, access and interpret most legal information available on electronic databases;
6	Distinguish between a professional relationship and other commercial transactions, where it is necessary to identify how the ethical rules of professional bodies impact on commercial conduct.

Text book:
Moens, G., & Gillies, P. (2006). International Trade & Business Law, Policy and Ethics (2nd Edition): Routledge & Cavendish.

Australian Standard AS4915-2000

The New York Convention (1958)

United Nations Commission on International Trade Law (UNCITRAL)

Australasian Legal Information Institute website:

Library Resources
The 成人大片’s Barr Smith Library provides a range of learning resources including texts, journals, periodicals, magazines, and access to online databases and information services. It also offers a virtual library which is accessible via the University’s website. The University Library web page is:
From this link, you are able to access the Library's electronic resources.

Other resources
If you are a member of the PMI ()  you will “gain exclusive access to PMI publications and our global standards*, networking options with our chapters and online communities of practice, and leadership and volunteer opportunities. You’ll also receive discounts on certification exams and renewals, as well as our professional development offerings.” Student membership is USD$40 to join and USD$30 to renew.

* Log in to access complimentary read-only PDFs of all of PMI's published standards or take advantage of discounts on paperback editions

LEARN is the 成人大片’s platform for dedicated online delivery. LEARN is a customised version of Moodle, and houses all course requirements including the course profile, announcements, additional course materials (beyond the prescribed text), assessment items, discussion forums, grading, feedback, links to various university and course resources, an internal website email system, a technical assistance facility, etc. LEARN is only accessible once the URL and a password have been provided to the student on enrolment. Students are given access to the course prior to the start date to familiarise themselves with the operational aspects and functionality of the website.

This course is offered in online mode.

As a guide, a 3 unit course comprises a total of 156 hours.

This is a draft schedule and session dates are a guide only. The timetable may be changed during the course delivery if necessary.

Week	Content	Readings	Activities
1	Introduction to the available legal resources and description of the law making process.	Online lesson, cited article and cases.	Online class discussion and written assignment.
2	Simple contracts at common law.	Online lesson, cited passages in set textbook, cited articles and cases.	Online class discussion and written assignment.
3	Operation of contracts after formation including: breach, damages, liquidated damages, good faith and discharge of contracts.	Online lesson, cited articles and cases.	Online class discussion and written assignment.
4	The law of agency and insurance.	Online lesson, cited articles and cases. FIDIC Contract for Construction Document.	Online class discussion and written assignment.
5	An overview of the law of torts and the law of negligence in detail.	Online lesson and cited cases.	Online class discussion and written assignment.
6	International transactions relating to the purchase and sale of goods.	The set textbook with reference to: the Vienna, Rome and Hague Conventions and the cited case.	Online class discussion and written assignment.
7	The legal relationship between a project manager and his or her principal.	Online lesson, cited cases and FIDIC Contract for Construction Document.	Online class discussion and written assignment.
8	Financial instruments and intellectual property.	The set textbook, the online lesson and cited case.	Online class discussion and written assignment.
9	Dispute resolution.	UCITRAL Model Law on International Commercial Arbitration and cited cases.	Online class discussion.
10	Completion and submission of major project.	Revision of all cited material.

A Financial Calculator is a useful tool but not mandatory

An overview of the course assessment appears in the following Table. Details appear in the following section:

#	Assessment  Task	Length	Weighting	Due Date	Learning outcome
1	Discussion Participation (8)	500	16%	Day 3 - 7 Week 1 - 8	1, 2, 3, 6
2	Application Activities (6)	500-700 words	9%	Day 7 of each week during weeks 1,2,3,5,6 & 8	4, 5
3	Case Study Evaluation #1	1500-2000 words	15%	Day 7 of Wk 4	1, 2, 5
4	Case Study Evaluation #2	1500-2000 words	15%	Day 7 of Wk 7	1, 2, 5
5	Final Project: Task 1 Task 2 – Project Presentation	300 5,000 - 7,000	15% 30%	Day 7 Wk 5 Day 4-7 Wk 10	1, 2, 4, 5, 6
	Total		100%

Students must complete all course assessment requirements.
Course results are subject to moderation by the ECIC Board of Examiners

Assessment 1: Discussion Participation (8)
Weighting: 16%
Due Date: Day 3 - 7 Week 1 - 8
Submission Details: Via Discussion board in LEARN

Task:
Respond to the discussion prompts and questions each week by the due dates outlined in the assignment. You should expect to post an initial response on day 3 and then follow up responses and inputs to the posts of your classmates and faculty during days 4-7

Scope:
This exercise will assess your knowledge, understanding and application of the relevant material covered. Furthermore, the exercise will enhance your ability to engage with other participants in a dialogue dealing with legal concepts.

Length and Presentation:
200 words +

Criteria by which your assignment will be marked:
The response should demonstrate critical thinking, insight and confirm that you understand the assignment and the underlying concepts. Students are expected to meet a minimum substantive expectation demonstrating appropriate writing style and language choice. Responses should indicate critical thinking with constructive feedback and meaningful inputs into the discussion. The responses should display reasonable quality of writing and concise language choice.

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Assessment 2: Application Activities (6)
Weighting: 9%
Due Date: Day 7, Wk. 1, 2, 3, 5, 6, & 8
Submission Details: Via Drop Box in LEARN

Task:
Complete a response to the assignment prompts contained in the course page. The assignment asks you to apply concepts learned in the week to various situations, problems, or work-related deliverables.

Scope:
This exercise will assess your knowledge, understanding and application of the relevant material covered. In addition, the assignment will give you practice in the written expression of legal concepts.

Length and Presentation:
500-700 words

Criteria by which your assignment will be marked:
The response should demonstrate critical thinking, insight and confirm that you understand the question and the underlying concepts. Students are expected to meet a minimum substantive expectation demonstrating appropriate writing style and language choice. The responses should display reasonable quality of writing and concise language choice.

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Assessment 3: Case Study
Weighting: 15%
Due Date: Day 7, Wk 4
Submission Details: Via Drop Box in LEARN

Task:
Case Study Evaluation #1.

Please refer to Week 4 Case Study in the Week 4 Folder.

Scope:
This assignment will assess your understanding of the course topics presented. Furthermore the task will teach you how to identify fact relevant to the legal issues and apply the law to those facts with the view to assessing the legal rights of the parties to the transaction.

Length and Presentation:
Length: 1500-2000 words. Font: 10 Pt., Times New Roman Submit your response in an MS Word document to the Dropbox below on Day 7.

Criteria by which your assignment will be marked:
· Demonstrated quality and depth of analysis, critical thinking, and work covers all issues.
· Demonstrated understanding of concepts covered in the course learning materials.
· Original research.
· Demonstrated ability to identify and explain legal principles.
· Logical development of the legal arguments.
· Quality of writing and clarity of expression.
· Appropriate referencing and citation of appropriate cases.

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Assessment 4: Case Study
Weighting: 15%
Due Date: Day 7, Wk 7
Submission Details: Via Drop Box in LEARN

Task:
Case Study Evaluation #2

Please refer to Week 7 Case Study in the Week 7 Folder.

Scope:
This assignment will enhance your ability to closely examine the text of a judgment of a court and understand how subtle differences in language and facts can influence the outcome of a decision.

Length and Presentation:
1500-2000 words

Criteria by which your assignment will be marked:
· Demonstrated quality and depth of analysis, critical thinking, and work covers all issues.
· Demonstrated understanding of concepts covered in the course learning materials.
· Original research.
· Demonstrated ability to identify and explain legal principles.
· Logical development of the legal arguments.
· Quality of writing and clarity of expression.
· Appropriate referencing and citation of appropriate cases.

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Assessment 5: Final Project
Weighting: 45%
Due Date: Task 1: Day 7, Week 5
Task 2: Day 4 – 7 Wk. 10
Submission Details: Via Drop Box in LEARN

Task 1 – Contractual Phase:
Assume that Saki Limited (hereafter Saki) a multinational corporation incorporated in Japan has decided to construct a factory in Australia for the manufacture of its products. You are a project manager who is not currently engaged in any project and available. Saki decides to employ you as the project manager. It takes the decision to have its factory built using one contractor to construct the project. To save time and expense, tenders will be called for a contractor who is capable of executing the work on a design and construct basis (turnkey).
The first task is to make a list of bullet points showing the issues that would need to be dealt with in the contracts needed to set up and complete this transaction. Note briefly how each of the issues would be dealt with.

Task 2 – Execution and Post Contractual Phase:
Sydney Engineering Pty Limited (hereafter Sydney) was the successful tenderer to construct the steel framed factory. The work has been completed and you are presented with the following situation:

Case Information
Sydney allowed Saki a substantial discount on the contract price for such work in the hope that a successful project would lead to more work. Sydney is a competent engineering company and its work is reputed to be sound. There has never been a problem in the past. Sydney is a member if the Institution of Engineers and six (6) months before this project, the Institution had forwarded to its members a circular warning that the type of building required by Saki posed new problems and that further measures were needed to strengthen such a building. This circular was filed in Sydney’s office without it being seen by the design staff.

The design staff continued on and the building was constructed without regard to the advice from the Institution. Soon after completion, the building fails. To render the building safe for workers to enter it will be necessary to demolish and rebuild it at a cost of $1million. In the meantime, industrial land has fallen in value and a similar site could be purchased in a nearby suburb for $200,000 and an identical building constructed for $400,000. Saki has received an offer of $100,000 for his existing site with the damaged building. Saki wished to remain at its original site as it is closer to its suppliers.

Advise Saki discussing the principles involved and indicating what the outcome of and nature of any likely legal proceedings.

Scope:
This assignment will assess your understanding of the course topics presented over the whole of the course including the selection of a contract appropriate to a transaction, the role of a Project Manager, the consequences of a breach of contract and how disputes might best be resolved.

Length and Presentation:
5 Your team will submit a paper not to exceed 5,000 - 7,000 words including references and a 3-5 slide PPT presentation summarizing your group’s decisions and recommendations. The paper and the PPT presentation will be submitted by Day 4 of Week 10.

Criteria by which your assignment will be marked:
· Demonstrated quality and depth of analysis, critical thinking, and work covers all issues.
· Demonstrated understanding of concepts covered in the course learning materials.
· Original research.
· Demonstrated ability to identify and explain legal principles.
· Logical development of the legal arguments.
· Quality of writing and clarity of expression.
· Appropriate referencing and citation of appropriate cases.
· Ability to work as part of a team.

All text based assignments must be submitted via Drop Box in LEARN
There are a few points to note about the submission of assignments:

• Assignment Submission: Assignments should be lodged via Drop Box in the LEARN system. Please refer to individual assignment tasks for specific submission details relevant to each task. Note that assignments may be processed via TURNITIN, which is an online plagiarism prevention tool.
• Cover Sheet: As part of your assignment, please add the completed 成人大片 Assessment Cover Sheet to your assignment, providing details of yourself and your team members (if applicable), your assignment, the course, date submitted, etc. as well as the declaration signed by you that this is your (your team’s) work. Note that the declaration on any electronically submitted assignment will be deemed to have the same authority as a signed declaration. Where applicable, also include the word count excluding title pages and references.
• Backup Copy of Assignments: You are advised to keep a copy of your assignments in case the submitted copy goes missing. Please ensure that all assignment pages are numbered. If your assignment contains confidential information, you should discuss any concerns with the Course Lecturer prior to submission.
• Extensions of Time: Any request for an extension of time for the submission of an assignment should be made well before the due date of the assignment to the Course Lecturer. Normally, extensions will only be granted for a maximum of two weeks from the original assignment submission date. Extensions will only be granted in cases of genuine extenuating circumstances and proof, such as a doctor’s certificate, may be required.
• Failure to submit an assignment on time or by the agreed extension deadline may result in penalties and may incur a fail grade. Note that a late penalty of 5% of the total available marks for that assessment item will be incurred each day an assignment is handed in late (Unless otherwise stated in 'Assessment Related Requirements' or 'Assessment Detail' above). Assignments handed in after 14 days from the due submission date will fail even if a 100% mark is granted for the work.

Resubmission & Remarking
Resubmission of an assignment for remarking after reworking it to obtain a better mark will not normally be accepted.  Approval for resubmission will only be granted on medical or compassionate grounds.