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.
Identify and explain the legal issues that impact ...
Learning Outcome 01
Critically describe the interaction between common...
Learning Outcome 02
Discuss the current status of business law in area...
Learning Outcome 03
Analyse legal problems within a business context a...
Learning Outcome 04
Content
Topics will include:
· The Australian legal system.
· The Australian Constitution.
· Formation of contract – principles and elements.
· Terms, parties, breach of contract & remedies.
· Business structures: sole trader, partnerships, companies and trusts.
· Tort law – manufacturer’s liability, negligence & negligent advice.
· Consumer protection – Australian Consumer Law.
· Misleading or deceptive conduct and unconscionable conduct.
Assessment strategy and rationale
To pass this unit, students must demonstrate competence in all learning outcomes and achieve an aggregate mark of at least 50%. 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, tutorial participation and engagement, online quizzes or case studies.
Students will progressively be submitting assessment tasks during the study period, while receiving feedback from each to feed forward into their next task.
Strategies aligned with transition pedagogies will be utilised to facilitate successful completion of the unit assessment tasks. For each assessment, there will be the incorporation of developmentally staged tasks with a focus on a progressive approach to learning. This will be achieved through activities, including regular feedback, particularly early in the unit of study to support their learning; strategies to develop and understand discipline-specific concepts and terminology; in-class practice tasks with integrated feedback; and greater peer-to-peer collaboration.
Overview of assessments
Assessment 1: Case Study Moot Presentation This a...
Assessment 1: Case Study Moot Presentation
This assessment task consists of an oral presentation and a 500-word written submission. Students undertake both a written and verbal presentation that 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.
Submission type: Individual & Group
Assessment Method: Case Study
Presentation Artefact: Presentation notes
30%
Assessment 2: Research report This assessment tas...
Assessment 2: Research report
This assessment task consists of a written report that 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
40%
Assessment 3: Individual presentation This task i...
Assessment 3: Individual presentation
This task is an invigilated presentation. Students are required to present the application of their knowledge to a real-life case study considering relevant business laws during the final assessment period.
Submission type: Individual
Assessment Method: Presentation
Artefact: Presentation
30%
Learning and teaching strategy and rationale
The teaching strategy is to encourage students to actively engage with unit content and their peers; to provide a clear link between lecture content and workshops practicum to develop an authentic, case-based understanding (of principles and theory) that bridges the gap between theory and practice. Thus, the learning and teaching strategy aims to spotlight the application of business law in an entrepreneurial venture. Within an integrated learning framework, lectures will provide core content relating to the topics identified above and begin a process of active, engaged, exploration, which will be deepened by detailed explanation and further investigation in workshops related activities.
Further to this, transition pedagogies will be incorporated into the unit as the key point of differentiation from the standard unit. This focuses on an active and engaging approach to learning and teaching practices, and a scaffolded approach to the delivery of curriculum to enhance student learning in a supportive environment. This will ensure that students develop foundation level discipline-based knowledge, skills and attributes, and simultaneously the academic competencies required of students to succeed in this unit.
Mode of delivery: This unit is offered in multimode to cater to the learning needs and preferences of a range of participants and maximise effective participation for isolated and/or marginalised groups.
Representative texts and references
Ciro T, Goldwasser V & Verma R 2020 (or latest edition), Law and business, 5th edn, 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, 2023, 11th edn, Thomson Reuters.
Latimer P, Australian Business Law 2017, 36th Edition, OUP, Australia.
Turner C, Trone J, 2016, Australian Commercial Law, 31st Edition, Thompson Reuters, Australia.
Originally approved at Faculty of Law and Business Board on 00/00/2021