Course Outline

LAW307 Commercial Law

Course Coordinator:Ashley Pearson (apearson@usc.edu.au) School:School of Law and Society

2021Semester 2

USC Sunshine Coast

Blended learning Most of your course is on campus but you may be able to do some components of this course online.

Please go to the USC website for up to date information on the
teaching sessions and campuses where this course is usually offered.

What is this course about?

Description

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.

How will this course be delivered?

Activity Hours Beginning Week Frequency
Blended learning
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

Course Topics

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

Insurance

Personal Bankruptcy

Dispute Resolution

Class Actions

 

 

What level is this course?

300 Level (Graduate)

Demonstrating coherence and breadth or depth of knowledge and skills. Independent application of knowledge and skills in unfamiliar contexts. Meeting professional requirements and AQF descriptors for the degree. May require pre-requisites where discipline specific introductory or developing knowledge or skills is necessary. Normally undertaken in the third or fourth full-time study year of an undergraduate program.

What is the unit value of this course?

12 units

How does this course contribute to my learning?

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. Knowledgeable
Creative and critical thinker
3 Apply critical thinking to identify and resolve complex legal problems related to commercial law issues Knowledgeable
Empowered
4 Exercise the communication skills that are required of lawyers including presenting and drafting Empowered
Engaged

Am I eligible to enrol in this course?

Refer to the USC Glossary of terms for definitions of “pre-requisites, co-requisites and anti-requisites”.

Pre-requisites

LAW204 and enrolled in any Law Program

Co-requisites

LAW205

Anti-requisites

Not applicable

Specific assumed prior knowledge and skills (where applicable)

Not applicable

How am I going to be assessed?

Grading Scale

Standard Grading (GRD)

High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL).

Details of early feedback on progress

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. 

Assessment tasks

Delivery mode Task No. Assessment Product Individual or Group Weighting % What is the duration / length? When should I submit? Where should I submit it?
All 1 Quiz/zes Individual 15%
30 Minutes
Week 4 Online Assignment Submission with plagiarism check
All 2 Written Piece Individual 35%
1400 words
Week 10 Online Assignment Submission with plagiarism check
All 3 Examination - Centrally Scheduled Individual 50%
4 Hours
Exam Period Online Assignment Submission with plagiarism check
All - Assessment Task 1:Commercial Law Online Quiz
Goal:
To test your understanding of key concepts and principles covered in weeks 1-3 of the course.
Product: Quiz/zes
Format:
Multiple choice questions, containing a combination of definitional and problem-style questions.
Criteria:
No. Learning Outcome assessed
1
You will be assessed on your understanding of the principles and concepts covered in weeks 1-3.
2 3
All - Assessment Task 2:Commercial Law Advice
Goal:
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.
Product: Written Piece
Format:
Assignment on a specified Commercial Law issue that has been provided to you, completed individually. 1400 words plus references AGLC4 format.
Criteria:
No. Learning Outcome assessed
1
Identification and application of legal issues, principles and rules of law derived from case analysis and statute
1 3
2
Analytical thinking to propose, discuss, generate and recommend appropriate responses to complex commercial law issues
2 3
3
Interpretation, synthesis and application of relevant legal, factual and policy materials
3
4
Effective communication, including concision, accuracy, and appropriate structure and referencing
4
All - Assessment Task 3:Open Book Examination
Goal:
To demonstrate your understanding of key concepts in Commercial Law.
Product: Examination - Centrally Scheduled
Format:
Completed individually in central examination period, submitted via SafeAssign. Short answer, essay and/or problem questions.
Criteria:
No. Learning Outcome assessed
1
Identification of legal issues and rules in a commercial context
1
2
Interpretation, synthesis and application of relevant legal, factual and policy materials
2 3
3
Analytical thinking and your skills of legal analysis
3
4
Analytical thinking to propose, discuss and recommend appropriate responses to complex commercial law issues
2

Directed study hours

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.

What resources do I need to undertake this course?

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.

Prescribed text(s) or course reader

Please note that you need to have regular access to the resource(s) listed below. Resources may be required or recommended.

Required? Author Year Title Edition Publisher
Required Clive Turner and John Trone 2021 Australian Commercial Law (33rd Edition) n/a Thomson Reuters

Specific requirements

Not applicable

How are risks managed in this course?

Health and safety risks for this course have been assessed as low. It is your responsibility to review course material, search online, discuss with lecturers and peers and understand the health and safety risks associated with your specific course of study and to familiarise yourself with the University’s general health and safety principles by reviewing the online induction training for students, and following the instructions of the University staff.

What administrative information is relevant to this course?

Assessment: Academic Integrity

Academic integrity is the ethical standard of university participation.  It ensures that students graduate as a result of proving they are competent in their discipline.  This is integral in maintaining the value of academic qualifications. Each industry has expectations and standards of the skills and knowledge within that discipline and these are reflected in assessment.

Academic integrity means that you do not engage in any activity that is considered to be academic fraud; including plagiarism, collusion or outsourcing any part of any assessment item to any other person.  You are expected to be honest and ethical by completing all work yourself and indicating in your work which ideas and information were developed by you and which were taken from others. You cannot provide your assessment work to others. You are also expected to provide evidence of wide and critical reading, usually by using appropriate academic references.

In order to minimise incidents of academic fraud, this course may require that some of its assessment tasks, when submitted to Canvas, are electronically checked through Turnitin.  This software allows for text comparisons to be made between your submitted assessment item and all other work to which Turnitin has access.

Assessment: Additional Requirements

Eligibility for Supplementary Assessment

Your eligibility for supplementary assessment in a course is dependent of the following conditions applying:

The final mark is in the percentage range 47% to 49.4%
The course is graded using the Standard Grading scale
You have not failed an assessment task in the course due to academic misconduct

Assessment: Submission penalties

Late submission of assessment tasks may be penalised at the following maximum rate: 
- 5% (of the assessment task's identified value) per day for the first two days from the date identified as the due date for the assessment task. 
- 10% (of the assessment task's identified value) for the third day - 20% (of the assessment task's identified value) for the fourth day and subsequent days up to and including seven days from the date identified as the due date for the assessment task. 
- A result of zero is awarded for an assessment task submitted after seven days from the date identified as the due date for the assessment task. Weekdays and weekends are included in the calculation of days late. To request an extension you must contact your course coordinator to negotiate an outcome.

SafeUSC

USC is committed to a culture of respect and providing a safe and supportive environment for all members of our community. For immediate assistance on campus contact SafeUSC by phone: 07 5430 1168 or using the SafeZone app. For general enquires contact the SafeUSC team by phone 07 5456 3864 or email safe@usc.edu.au.

The SafeUSC Specialist Service is a Student Wellbeing service that provides free and confidential support to students who may have experienced or observed behaviour that could cause fear, offence or trauma. To contact the service call 07 5430 1226 or email studentwellbeing@usc.edu.au.

Study help

For help with course-specific advice, for example what information to include in your assessment, you should first contact your tutor, then your course coordinator, if needed.

If you require additional assistance, the Learning Advisers are trained professionals who are ready to help you develop a wide range of academic skills. Visit the Learning Advisers web page for more information, or contact Student Central for further assistance: +61 7 5430 2890 or studentcentral@usc.edu.au.

Wellbeing Services

Student Wellbeing provide free and confidential counselling on a wide range of personal, academic, social and psychological matters, to foster positive mental health and wellbeing for your academic success.

To book a confidential appointment go to Student Hub, email studentwellbeing@usc.edu.au or call 07 5430 1226.

AccessAbility Services

Ability Advisers ensure equal access to all aspects of university life. If your studies are affected by a disability, learning disorder mental health issue, injury or illness, or you are a primary carer for someone with a disability or who is considered frail and aged, AccessAbility Services can provide access to appropriate reasonable adjustments and practical advice about the support and facilities available to you throughout the University.

To book a confidential appointment go to Student Hub, email AccessAbility@usc.edu.au or call 07 5430 2890.

Links to relevant University policy and procedures

For more information on Academic Learning & Teaching categories including:

  • Assessment: Courses and Coursework Programs
  • Review of Assessment and Final Grades
  • Supplementary Assessment
  • Administration of Central Examinations
  • Deferred Examinations
  • Student Academic Misconduct
  • Students with a Disability

Visit the USC website: https://www.usc.edu.au/explore/policies-and-procedures#academic-learning-and-teaching

Student Charter

USC is committed to excellence in teaching, research and engagement in an environment that is inclusive, inspiring, safe and respectful. The Student Charter sets out what students can expect from the University, and what in turn is expected of students, to achieve these outcomes.

General Enquiries

  • In person:
    • USC Sunshine Coast - Student Central, Ground Floor, Building C, 90 Sippy Downs Drive, Sippy Downs
    • USC Moreton Bay - Service Centre, Ground Floor, Foundation Building, Gympie Road, Petrie
    • USC SouthBank - Student Central, Building A4 (SW1), 52 Merivale Street, South Brisbane
    • USC Gympie - Student Central, 71 Cartwright Road, Gympie
    • USC Fraser Coast - Student Central, Student Central, Building A, 161 Old Maryborough Rd, Hervey Bay
    • USC Caboolture - Student Central, Level 1 Building J, Cnr Manley and Tallon Street, Caboolture
  • Tel:+61 7 5430 2890
  • Email:studentcentral@usc.edu.au