代写BUSN1101 Introduction to Commercial Law

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BUSN1101

Introduction to Commercial Law

Course Description

This course introduces you to the Australian legal system and the law regulating business activities. Particular focus is given to the law of contract. The course also covers the laws relating to particular types of business contracts such as sales of goods and insurance contracts. Aspects of property law and negligence are also covered.

Semester and Year

Semester 2 2016

Course URL

http://programsandcourses.anu.edu.au/2016/course/BUSN1101

Mode of Delivery

On campus

Prerequisites

Nil

Incompatible Courses

You are not able to enrol in this course if you have previously completed LAWS1204 and LAWS2101 and LAWS2210 and ENGN4003

Course Convener

Associate Professor Keturah Whitford

Office Location

Hanna Neumann Building 21, Room 2031

Phone

+61 2 61254726

[email protected]

Consultation hours

To be advised on Wattle

ANU College of Business and

Economics

Research School of Accounting

Mail

Building 26C

Australian National University

Canberra ACT 2601

Building 21

Australian National University

Canberra ACT 2601

Student Office

Room 2.01 (Level 2)

ANU CBE Building 26C

Room 2037 (Level 2)

Hanna Neumann Building 21

Phone: Within Australia

International

1300 732 120 (local call cost only)

+61 2 6125 3807

02 6125 0025

+61 2 6125 0025

Fax: Within Australia

International

02 6125 0744

+61 2 6125 0744

02 6125 4310

+61 2 6125 4310

Email:

[email protected]

2 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y

Bio and research interests Keturah Whitford is Associate Professor and Reader in Business

Law in the Research School of Accounting and Business

Information Systems at the Australian National University. She is

also Director of Students and Learning in the College of Business

and Economics. Prior to joining ANU Keturah was head of the

School of Law at the University of Canberra. She has taught and

published in areas of business law, company and insolvency law

and banking law. She is a director on the boards of Australian

Science Innovations Inc and St John Ambulance (ACT) Inc.

Keturah has many years’ experience as a legal practitioner,

initially in private practice in Adelaide and later working for The

State Bank of South Australia, Street Thompson Holdings Ltd (a

listed public company) and the Australian Association of

Permanent Building Societies in Canberra.

Keturah holds the degrees of Bachelor of Laws, Master of Laws

and a Diploma of Education from the University of Adelaide. She

is admitted as a barrister and solicitor in South Australia, The

Australian Capital Territory and the High Court of Australia.

Tutor(s) There will be a number of tutors in this course. Names and

contact details and consultation hours will be posted to Wattle.

Student Administrators HN 2037 Hanna Neumann Bld 21

[email protected]

6125 0025 or 6125 7968

Office hours : Monday – Friday 9-5 pm

COURSE OVERVIEW

Course Learning Outcomes

Upon successful completion of the requirements for this course, students will be able to:

 Identify the sources of law in Australia: statute and judge made law and

 explain some of the associated issues such as constitutional limitations on power,

the hierarchy of courts

 find current statements of case law and legislation regarding commercial legal

issues;

 Apply principles of statutory interpretation in a commercial legal context

 Apply the doctrine of precedent in a commercial legal context

 Identify legal issues in a problem scenario and apply the law to resolve those issues

 understand the way the law will view a set of circumstances and why the law exists

and also know how to apply this to influence and inform decision making

Research-Led Teaching

This is an introductory course which gives an introduction to the legal system and to important

areas of law relevant to business. Keturah is one of the authors of the text.

3 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y

The text and the course draw on relevant current examples and research. Most chapters will

refer to recent journal articles in the area.

Continuous Improvement

We use feedback from students, professional bodies and staff to make regular improvements

to the course. In response to this feedback, design improvements from the previous version

of the course include changes to the assessment scheme to include assessment of

performance as tutorial participant. There is a focus in this course on legal problem solving.

This is practised in tutorials and developed in the problem papers and in the final exam. Legal

problem solving is a skill which will be used in subsequent law courses.

Staff Feedback

Students will be given feedback in various ways in this course, including verbal or written

feedback on the return of assessment tasks, during class discussion, or during consultation

with lecturers and tutors.

Student Feedback

All CBE courses are evaluated using Student Experience of Learning and Teaching (SELT)

surveys, administered by Planning and Statistical Services at the ANU. These surveys are

offered online, and students will be notified via email to their ANU address when surveys are

available in each course. Feedback is used for course development so please take the time

to respond thoughtfully. Course feedback is anonymous and provides the Colleges, University

Education Committee and Academic Board with opportunities to recognise excellent teaching

and to improve courses across the university. For more information on student surveys at ANU

and reports on feedback provided on ANU courses, visit

http://unistats.anu.edu.au/surveys/selt/students/ and

http://unistats.anu.edu.au/surveys/selt/results/learning/

Examination material or equipment

Details regarding materials and equipment that is permitted in an examination room can be

found on the ANU website:

http://www.anu.edu.au/students/program-administration/assessments-exams/examinationconduct

Deadlines

代写BUSN1101 Introduction to Commercial Law

Chapter 2

tutorial

questions – see

wattle

Week 4 8 August Introduction to

Lectures

Lectures will be recorded via echo 360 and recordings will be available on wattle. This is not

an online course. It is expected that you will attend lectures in person. Recordings are

designed as a back-up if you are ill or unavoidably away or you wish to go back over work.

Aspects of the lectures will be interactive including the discussion of questions and issues and

you will not get the full benefit of this if you do not attend.

Tutorials

Please see details of tutorial assessment below.

Tutorial “solutions” will not be posted to wattle. This is a university and we aim to develop

independent learners. You will get the most out of tutorials by preparing well, coming to

tutorials and participating in the discussion and making your own notes. If, after the tutorial,

you are unsure about something you are welcome to attend your tutor’s consultation for

clarification. You are also, always welcome to get feedback on written answers from your tutor

in consultation time.

With legal problems there is not always one correct answer or even one way of approaching

the problem. I will provide an answer guide to the problem papers and the assignment. You

will get specific feedback on your own papers and general feedback will be posted to wattle.

The answer guides are not formatted as model answers but will indicate what the markers

were looking for in terms of content.

I will post two past exam papers which will be used for revision purposes in week 13. After the

final lecture the answer guides will be posted to wattle to assist with your exam revision.

6 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y

COURSE ASSESSMENT

Assessment Summary

Item Title Value Due Date

1 Problem paper 1 10% 23 August

2 Assignment 15% 22 September

3 Problem paper 2 10% 11 October

4 Tutorial

participation

5 Exam 60% Final exam period

All components of the above assessment are compulsory and must be submitted. To

achieve an automatic pass grade in this course you must obtain 50% or more as an aggregate

mark and a minimum score of 40% in the final exam to pass the subject.

Learning Outcomes-Assessment

How well have you achieved the learning outcomes for this course? Your lecturer makes this

judgment based on your assignments and examination papers. This table illustrates how each

assessment item provides evidence about your achievements against each learning outcome.

Course Learning Outcomes

Upon successful completion of

the requirements for this course,

students will be able to:

Problem

paper 1

Problem

paper 2

Assignment Tutorial

participation

Examination

Identify the sources of law in

Australia: statute and judge

made law

x x x x x

Explain some of the associated

issues such as constitutional

limitations on power, the

hierarchy of courts

x x

Find current statements of case

law and legislation regarding

commercial legal issues

x x x x

Apply principles of statutory

interpretation in a commercial

legal context

x x x x

Apply the doctrine of precedent

in a commercial legal context

x x x x

Identify legal issues in a problem

scenario and apply the law to

resolve those issues

x x x x

Understand the way the law will

view a set of circumstances and

why the law exists and know

how to apply this to influence

and inform decision making

x x

7 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y

Assessment Task: Problem papers

Details of task:

Suggested Length 800 words (10% tolerance either way acceptable)

Instructions Questions should be answered in IRAC style. You should

remember to support your propositions by reference to cases and

statutes where appropriate. Notes on IRAC will be posted to

Wattle.

I – Issue (briefly identify the legal issue(s) in the problem.

R – Rule (briefly signal the rule or relevant law which will help to

resolve the issue.)

A – Application - the most important part (apply the law to the

facts, look at both sides to the argument, support your argument.)

C – Conclusion (remember to draw your advice to a conclusion,

although that advice might be that there is more than one

possible answer but the most likely conclusion is x. It is also

acceptable to say that you need to know some further facts and if

it is x then y would follow but if it is a then b would follow.)

Purpose To develop and assess students’ ability to apply the law to a

problem scenario in order to come to a resolution.

Marking Criteria Factor Examined

Demonstrated knowledge of the law Answer reflects a good knowledge of the

relevant legislation and relevant case law

- an understanding of their scope and

operation

8 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y

Analytical skills

(legal problem solving technique)

Ability to determine the legally relevant or

"material" facts and the applicable legal

rules:

-ability to identify the legal issues raised

by the relevant facts, ie the questions in

dispute;

-applying the law to the relevant facts (do

the facts fit the legal rules?);

-reaching a conclusion and expressing it

("In my view...." "I consider, on the

basis of the facts provided, that...."). If

the legislation is open to more than one

interpretation your task is to say so and

to decide which one should be

considered of greater weight and to state

why.

Presentation Correct citations of cases and legislation

in accordance with the Australian guide

to Legal Citation.

Layout/setting out (use of appropriate

headings- clarity, ease of reading).

presentation.

Submission / Presentation

Details

 Your problem papers must be submitted via Turnitin

by 11pm on the due dates.

 Papers are to be word-processed. The use of strict,

professional expression is expected.

9 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y

Assessment Task: Assignment

Details of task:

Suggested Length 1400 words (10% tolerance either way acceptable)

Purpose

To develop and assess students’ ability to state the law and to

analyse, discuss and make informed comment on a topical legal

issue.

Marking Criteria

Communication

Demonstrated familiarity with readings/literature

Analysis, discussion and argument

Presentation

Submission /

Presentation Details

 Your assignment must be submitted via Turnitin by

11pm on the due date.

 Papers are to be word-processed. The use of strict,

professional expression is expected.

Assessment Task: Tutorial participation details

Value or Weighting (%) 5

Marks 5

Instructions You will also be assessed on your tutorial participation – you will be

assessed on your contributions to tutorial discussion. Tutorial

participation will be assessed in 5 weeks (these weeks will not be

nominated to you in advance) and your best 2 marks will count..

Purpose To give you an opportunity to develop and practise skills in group

facilitation and discussion and to develop problem solving and

discussion skills in a group setting.

Marking Criteria

Tutorial participation  Preparation – demonstrates good preparation -has read

applicable cases and legislation and applied them to the

problem.

 Offering of interpretation and analysis to discussion

 Contribution to discussion, responding to other student’s

points, questions others in a constructive way

 Demonstrated consideration and respect for others

Assignment Submission (Problem papers and Assignment)

The ANU is using Turnitin to enhance student citation and referencing techniques, and to

assess assignment submissions as a component of the University's approach to managing

Academic Integrity. For additional information regarding Turnitin please visit ANU Online.

Online submission: Assignments are submitted using Turnitin in the course Wattle site. You

will be required to electronically sign a declaration as part of the submission of your

assignment. Please keep a copy of the assignment for your records.

10 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y

As a further integrity control, students may be randomly selected for a 15 minute individual

oral examination of their written assessment.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student

Assessment (Coursework) Policy and Procedure.

The Course Convener may grant extensions for assessment pieces that are not examinations

or take-home examinations. If you need an extension, you must request it in writing on or

before the due date. If you have documented and appropriate medical evidence that

demonstrates you were not able to request an extension on or before the due date, you may

be able to request it after the due date.

Late submission of assessment tasks without an extension are penalised at the rate of 5% of

the possible marks available per working day or part thereof. Late submission of assessment

tasks is not accepted after 10 working days after the due date, or on or after the specified in

the course outline for the return of the assessment item/

Returning Assignments

During teaching periods assignments will be handed back in tutorials or will be available for

collection from the RSA office. Please note that after the exam viewing sessions the

assignments will be securely destroyed by the school office.

Examinations

In order to pass the course you must achieve a minimum 45% in the final examination.

The final examination timetable is published on the following website:

http://timetable.anu.edu.au/.

Students will be advised of the format of the final examination closer to the time. It is an open

book exam. You may take anything into the examination except electronic materials –

electronic dictionaries are not allowed and any books or papers which infringe copyright are

not allowed.

If Multiple Choice Answer Sheets are to be used you will require a lead pencil (preferably 2B).

An eraser and sharpener are also useful when using these sheets.

Please note that the examination is worth 60%. In order to receive accounting body

accreditation this course is required to have a minimum 50% examination.

Scaling

Your final mark for the course will be based on the raw marks allocated for each assignment

or examination. However, your final mark may not be the same number as produced by that

formula, as marks may be scaled. Any scaling applied will preserve the rank order of raw

marks (i.e. if your raw mark exceeds that of another student, then your scaled mark will exceed

or equal the scaled mark of that student), and may be either up or down.=

11 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y

Referencing Requirements

Referencing is required in accordance with the Australian Guide to Legal Citation. A link will

be provided on wattle and a shorter guide to the most common references will also be

provided.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use.

Use of each online database is conditional on student end users first agreeing to the database

licensor’s terms of service and/or privacy policy. Students should read these carefully.

In some cases student end users will be required to register an account with the database

licensor and submit personal information, including their: first name; last name; ANU email

address; and other information.

In cases where student end users are asked to submit ‘content’ to a database, such as an

assignment or short answers, the database licensor may only use the student’s ‘content’ in

accordance with the terms of service – including any (copyright) licence the student grants to

the database licensor.

Any personal information or content a student submits may be stored by the licensor,

potentially offshore, and will be used to process the database service in accordance with the

licensors terms of service and/or privacy policy.

If any student chooses not to agree to the database licensor’s terms of service or privacy

policy, the student will not be able to access and use the database. In these circumstances

students should contact their lecturer to enquire about alternative arrangements that are

available.

READING LISTS

Prescribed text

Graw S, Parker D, Whitford K, Sangkuhl E and Do C, Understanding Business Law,

seventh edition, LexisNexis Butterworths, 2015. (available at the Coop bookshop)