This course introduces you to the fundamentals of commercial law, with emphasis on the Australian approach to it. We will first consider the purpose of commercial law, its form and function, and the role of lawyers and the legal system in commerce. We will examine key concepts in the lifecycle of commercial transactions, including personal property and its securitisation, laws regulating the sale of goods domestically and internationally, Australian consumer protection provisions, bankruptcy, guarantees, and insurance. Commercial dispute resolution processes and practices, including alternative dispute resolution, will also be canvassed.
|Lecture – On campus lecture - 1 hour in weeks 1-6 and 8-13.||1hr||Week 1||12 times|
|Tutorial/Workshop 1 – On campus tutorial - 2 hours in weeks 2-6 and 8-13.||2hrs||Week 2||11 times|
Fundamentals of Commercial Law
The Role of Commercial Lawyers
Sale of Goods in Australia and Queensland
Australian Consumer Law
International Sale of Goods under the Vienna Convention
Securitisation and the Personal Property Securities Act
300 Level (Graduate)
|Course Learning Outcomes On successful completion of this course, you should be able to...||Graduate Qualities Completing these tasks successfully will contribute to you becoming...|
|1||Identify legal issues and the relevant law from complex scenarios||Knowledgeable|
|2||Demonstrate an understanding of the range of legal issues that are included under the generic title ‘commercial law’ and your ability to provide sound legal advice utilising that knowledge.||
Creative and critical thinker
|3||Apply critical thinking to identify and resolve complex legal problems related to commercial law issues||
|4||Exercise the communication skills that are required of lawyers including presenting and drafting||
Refer to the USC Glossary of terms for definitions of “pre-requisites, co-requisites and anti-requisites”.
LAW204 and enrolled in any Law Program
Standard Grading (GRD)
|High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL).|
Early feedback on progress is available in weekly tutorials, where students have an opportunity to present (and receive feedback on) responses to hypothetical advice scenarios and discussion questions.
|Delivery mode||Task No.||Assessment Product||Individual or Group||Weighting %||What is the duration / length?||When should I submit?||Where should I submit it?|
|Week 4||Online Assignment Submission with plagiarism check|
|Week 10||Online Assignment Submission with plagiarism check|
|All||3||Examination - Centrally Scheduled||Individual||50%||
|Exam Period||Online Assignment Submission with plagiarism check|
|All - Assessment Task 1:Commercial Law Online Quiz|
To test your understanding of key concepts and principles covered in weeks 1-3 of the course.
Multiple choice questions, containing a combination of definitional and problem-style questions.
|All - Assessment Task 2:Commercial Law Advice|
The goal of this task is for you to show advanced understanding of complex Commercial Law issues, and critically evaluate this by reference to relevant legal and policy materials – including legislation, case law, commentary, and, where appropriate other domestic and international materials.
Assignment on a specified Commercial Law issue that has been provided to you, completed individually. 1400 words plus references AGLC4 format.
|All - Assessment Task 3:Open Book Examination|
To demonstrate your understanding of key concepts in Commercial Law.
|Product:||Examination - Centrally Scheduled|
Completed individually in central examination period, submitted via SafeAssign. Short answer, essay and/or problem questions.
A 12-unit course will have total of 150 learning hours which will include directed study hours (including online if required), self-directed learning and completion of assessable tasks. Directed study hours may vary by location. Student workload is calculated at 12.5 learning hours per one unit.
Please note: Course information, including specific information of recommended readings, learning activities, resources, weekly readings, etc. are available on the course Canvas site– Please log in as soon as possible.
Please note that you need to have regular access to the resource(s) listed below. Resources may be required or recommended.
|Required||Clive Turner and John Trone||2021||Australian Commercial Law (33rd Edition)||n/a||Thomson Reuters|
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