Year
2021Credit points
10Campus offering
No unit offerings are currently available for this unit.Prerequisites
NilTeaching organisation
3 hours per week for twelve weeks or equivalent.Unit rationale, description and aim
Business law, also called commercial law, is a term which potentially includes anything that directly or indirectly concerns the central activity of commerce, i.e. the exchange of goods and services. As most commercial exchanges of goods and services are based on contract, the law of contract is at the heart of business law. In addition to the principles of business law, a basic knowledge of the principles of property law is also required because the exchange of goods involves a transfer of title from seller to buyer. This unit introduces students to the basic principles of law, particularly as they relate to business, and examines this through two fundamental commercial activities, setting up a business and undertaking commercial transactions.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
On successful completion of this unit, students should be able to:
LO1 - Identify and explain the legal issues that impact business organisations (GA5, GA8)
LO2 - Critically describe the interaction between common law and statute law (GA5)
LO3 - Discuss the current status of business law in areas of contract law, company law, tort law and the Australian Consumer Law (GA5)
LO4 - Analyse legal problems within a business context and commercial setting (GA4, GA5)
Graduate attributes
GA4 - think critically and reflectively
GA5 - demonstrate values, knowledge, skills and attitudes appropriate to the discipline and/or profession
GA8 - locate, organise, analyse, synthesise and evaluate information
Content
Topics will include:
- The Australian Legal System
- Separation of powers: the Courts and Case Law/Parliament and Statute Law
- Separation of powers: the executive
- Statutory Interpretation
- Legal Method, Research and Reasoning
- Formation of Contract
- Terms, Breach of Contract & Remedies
- Partnerships and Partnership Law
- Introduction to Corporations Law
- Tort Law – Manufacturer’s Liability, Negligence & Negligent Advice
- Consumer Protection – Goods Act
- Consumer Protection – Australian Consumer Law
Learning and teaching strategy and rationale
Mode of delivery: Lectures, tutorials and workshops on campus or mixed mode Pattern of attendance and duration: 12 week-semester or equivalent.
Learning and teaching strategies: Lectures will be used to introduce and explore concepts and issues. Tutorials and computer-laboratory classes will enhance understanding and develop skills. They will involve guided discussion, demonstration problems and case studies.
Assessment strategy and rationale
A range of assessment procedures will be used to meet the unit learning outcomes and develop graduate attributes consistent with University assessment requirements. Such procedures may include, but are not limited to: essays, reports, examinations, student presentations or case studies.
Overview of assessments
| Brief Description of Kind and Purpose of Assessment Tasks | Weighting | Learning Outcomes | Graduate Attributes |
|---|---|---|---|
Assessment Task 1: Case Study Moot Presentation / Written submission & Tutorial Participation
This assessment task consists of a 15-20 minute oral presentation and a 500 word written submission. This task requires students to undertaking both a written and verbal presentation which analyses a given legal problem. Students are expected to undertake legal research and to develop a coherent and well-reasoned legal argument that is both persuasive and articulate. Students are also expected to actively participate in tutorials, attempting problems and answering questions.
Submission type: Individual & Group Assessment Method: Case Study Moot Presentation / Written submission Artefact: Presentation notes / written notes | 20% | LO2, LO4 | GA4, GA5 |
Assessment Task 2: Research Report
This assessment task consists of a 1000-word written report. This task requires students to demonstrate the ability to research an area of business law and to provide written advice that is supported by relevant legal principles.
Submission type: Individual Assessment Method: Research Report Artefact: Written report | 30% | LO1 | GA5, GA8 |
Assessment Task 3: Exam
This assessment task consists of a 2 hour final exam. This task requires students to demonstrate their knowledge of topics covered within the unit.
Submission type: Individual Assessment Method: Exam Artefact: Exam paper with responses | 50% | LO3, LO4 | GA4, GA5 |
Representative texts and references
Ciro T, Goldwasser V & Verma R 2020 (or latest edition), Law and business, 5thedn, Oxford University Press, Melbourne
Ardagh A 2016, Business law of Australia – Butterworths Q & A series, 2nd edition Lexis Nexis Butterworths, Sydney
Gibson A & Fraser D 2017, Business Law, 10th edn, Pearson Education Australia, Sydney. Graw S, An introduction to the law of contract, 2014, 8th edn, Law Book Co, Sydney.
Latimer P, Australian Business Law 2017, 36th Edition, OUP, Australia
Turner C, Trone J, 2016, Australian Commercial Law, 31st Edition, Thompson Reuters, Australia.