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Course Outline

LAW307 Commercial Law

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

2023Semester 2

UniSC 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 unisc.edu.au 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. 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
Learning materials – Online learning materials 1hr Week 1 13 times
Tutorial/Workshop 1 – 2 Hour On-Campus Tutorial 2hrs Week 1 13 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 UniSC 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

Microcredential Information

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
Authorship Statement:
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
Generic Skills: 
Problem solving, Applying technologies
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
Authorship Statement:
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
Generic Skills: 
Communication, Problem solving, Information literacy
All - Assessment Task 3:Open Book Examination
Goal: 
To demonstrate your understanding of key concepts in Commercial Law.
Product: Examination - Centrally Scheduled
Authorship Statement:
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
Generic Skills: 
Communication, Problem solving, Information literacy

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. 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

You need regular access to the resource(s) below. Many texts are available as ebooks through the Library at no additional cost.

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.

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
  • Central Examinations
  • Deferred Examinations
  • Student Conduct
  • Students with a Disability

For more information, visit https://www.usc.edu.au/explore/policies-and-procedures#academic-learning-and-teaching

Student Charter

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