MANAGEMT 7022 - Business Law

North Terrace Campus - Trimester 2 - 2018

This course will introduce managers to a range of legal issues that impact on their business and on their duties and responsibilities as managers. There is an increasing trend in the law to make managers personally liable for breaches of the law by their business. The course will help managers to identify areas of legal liability and risk and suggest how to minimise legal risk. The topics covered in the course include an introduction to the legal system, the law of business structures, contract law, intellectual property law, employment law, law of business torts, consumer protection law, competition law and electronic commerce law. In each topic, emphasis is placed on identifying the legal duties that apply to a manager and the legal liabilities that may be attracted by their actions.

  • General Course Information
    Course Details
    Course Code MANAGEMT 7022
    Course Business Law
    Coordinating Unit Business School
    Term Trimester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Up to 36 Hours
    Available for Study Abroad and Exchange Y
    Restrictions Available to Certificate, Graduate Diploma and Master of Business Administration students only - other students must first meet with program director for enrolment approval
    Course Description This course will introduce managers to a range of legal issues that impact on their business and on their duties and responsibilities as managers. There is an increasing trend in the law to make managers personally liable for breaches of the law by their business. The course will help managers to identify areas of legal liability and risk and suggest how to minimise legal risk.
    The topics covered in the course include an introduction to the legal system, the law of business structures, contract law, intellectual property law, employment law, law of business torts, consumer protection law, competition law and electronic commerce law. In each topic, emphasis is placed on identifying the legal duties that apply to a manager and the legal liabilities that may be attracted by their actions.
    Course Staff

    Course Coordinator: Mr Domenic Carbone

    Mr Domenic Carbone
    Location: Room 4.16, Building: 4th floor, Ligertwood Building, Law School
    Telephone: 8313 4759
    Email: domenic.carbone@adelaide.edu.au
    Course Website: www.myuni.adelaide.edu.au

    Lecturer’s Biography

    As well as lecturing in "Business Law" for the MBA program, Domenic lectures in "Legal Aspects of Wine Business" in the Master of Wine Business program, in "Income Tax Law" for the Business School’s undergraduate and masters programs, and "Tax Planning" in the course "Tax, Estate and Wealth Planning" as part of the School's masters program.

    He has previously lectured in "Singapore Business Law" for the MBA program, in "Australian Commercial Law" and "Singapore Commercial Law" for the Business School’s masters program, and in "Law for Practising Managers" at the Australian Graduate School of Management of the University of New South Wales and the University of Sydney, as part of their MBA Program.

    Background
    Domenic is also a Barrister and Solicitor of the Supreme Court of South Australia.  He carries on a legal and tax practice on a part-time basis, and has been a consulting tax advisor to legal and accounting firms.

    In addition to his academic experience, Domenic's background includes experience in both the private and public sectors.  He was previously a Tax Manager with a "Big 8" firm where he was mainly involved in the tax consulting, tax audit and indirect tax areas.  Before that he had worked for several years in the Australian Tax Office where he held a number of senior positions, including that of Legal Officer and the Personal Assistant to the Deputy Commissioner.

    Qualifications
    Masters of Laws (Commercial), The University of Adelaide (1999)
    Graduate Diploma in Legal Practice, The University of South Australia (1987)
    Bachelor of Laws, The University of Adelaide (1985)
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    On successful completion of this course students will be able to:
    1. Discuss the Australian legal system and how it applies to regulate business.
    2. Identify and discuss the application of statute law and Common Law relevant to business.
    3. Apply basic principles of business law in analysing business decisions.
    4. Identify legal business issues and legal risks and recommend actions to manage them.

    Course Aims
    The course aims to make managers more aware of the circumstances in which the law impacts on their business environment and their decisions as managers, and to give an awareness of how legal risks can be minimised. The technical areas of the law that are dealt with will be approached with a management emphasis. It is not the aim of the course to enable managers to make their own final legal decisions or to give legal advice to others. Rather, the course will help managers to identify potential legal problems at an early stage and recognise situations when professional legal advice should be sought.

    University Graduate Attributes

    No information currently available.

  • Learning Resources
    Required Resources
    Textbook
    Latimer P, 2016 Australian Business Law, 35th ed Oxford University Press.

    Details about required texts will be released on MyUni.
    Recommended Resources
    Useful reference books are:
    Turner & Trone, Australian Commercial Law 31st ed, Thomson Reuter.
    Miles & Dowler, A Guide to Business Law 22nd ed, Thomson Reuter

    Useful Websites:
    www.austlii.edu.au – Australian legislation and cases.
    www.legislation.gov.au – Commonwealth legislation.
    www.legislation.sa.gov.au/index.aspx – South Australian legislation
    www.aph.gov.au – Commonwealth Parliament of Australia.
    www.parliament.sa.gov.au – Parliament of South Australia.
    www.accc.gov.au – Australian Competition and Consumer Commission.
    www.asic.gov.au – Australian Securities and Investment Commission.
    www.ipaustralia.gov.au – IP Australia.
    Online Learning
    The Course Materials consisting of Topic Notes, the PowerPoint slides used in classes and other material for the course, such as Case Study Questions, will be made available on MyUni.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The MBA program is largely undertaken through face-to-face class sessions to facilitate interactions between the lecturing staff and fellow students.  Accordingly there is an expectation that you will attend all of the scheduled classes.  If work commitments, illness or other circumstances require you to be absent from some lectures, please inform your lecturer in advance by either phone or email so that you may discuss the topic(s) to be covered in the class session and the tasks you need to complete before the next session.  It is your responsibility to
    make arrangements with the lecturer or other students to catch up on information discussed in class, however, it is unlikely that lecturers will be able to repeat a class to cover your absence.

    Please note that if you have not attended at least 80% of the class sessions for a course you will forgo your right, on academic grounds, to any supplementary assessment opportunities.

    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Weekly classes are 3 hours long.  You can expect to spend about the same amount of time preparing for each class.  Assignments and exam preparation will demand additional concentrated periods of non-classroom study, on your own or with your allocated student group.  As a rough indication, you could expect to spend in the order of 120 hours of study time to complete the course, of which 36 hours would be in class.

    Learning Activities Summary
    Topics

    Overview of the Australian legal system

    The law of business structures

    Contract law

    Intellectual property law

    Employment law

    Law of torts

    Consumer (& business) protection law

    Competition law

    Environmental protection law

    Electronic commerce law

    In each topic, emphasis will be placed on identifying the legal duties that apply to a manager and the legal liabilities that may be attracted by their actions.


  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

     

    Assessment

    Percentage of Total Mark

    Learning Outcome Assessed

    Class test

    20%

    1, 2 and 3

    Assignment

    40%

    1, 2, 3 and 4

    Final Exam

    40%

    1, 2, 3 and 4

    Assessment Related Requirements


    In addition to achieving a course mark of at least 50%, students need to attain an average of 50% across all the individually assessed items, considered as a whole, to pass the course.

    Assessment Detail

    Class Test

    This is designed to test a student’s understanding of the law covered in topics 1 to 4, and a student’s ability to identify legal issues in a problem case study and give an answer that is supported by the law. It is also aimed at identifying for the lecturer any difficulties that students may be having with the legal concepts covered and the unique approach to answering a legal problem.

    The test will be 1 hour and 50 minutes in duration (plus a further 15 minutes reading time) and will be held in week 7. It will be “open-book” and students are allowed to use any written material except University of Adelaide Library books.

    Assignment

    This will be written essay of a maximum of 2,000 words (excluding footnotes) on a topic to be made available by the lecturer. It is an individual assignment and not a group one. The assignment will be due on a date to be advised.

    Examination

    In addition to testing a student’s understanding of the law covered in the course and a student’s ability to identify legal issues and give an answer to a problem that is supported by the law, the exam will also test a student’s knowledge of how legal risks can be better managed.

    The examination will be 3 hours in duration (plus a further 15 minutes reading time) and will be held in week 13. It will be “open-book” and students are allowed to use any written material except University of Adelaide Library books.

    Access to examples of previous assessment

    Examples of previous assessment for the Class Test and the Final Exam will be provided on MyUni during the course and in classes. A trial non-assessable Test and Exam will be conducted in the classes before the assessable Test and Exam are held.

    Submission

    Presentation of Assignments
    1. Students must retain a copy of all assignments submitted.

    2. Students must attach an ‘Assignment Cover Sheet’, which is signed and dated before submission.

    3. Lecturers can refuse to accept assignments, which do not have a signed acknowledgement of the University’s policy on plagiarism.



    Assignment Guidelines including Referencing Details
    A copy of the Communication Skills Guide will assist you structure your assignments. A copy of the guide can be downloaded from:

     https://www.adelaide.edu.au/professions/current-students/downloads-forms/Communications-Skills-Guide.pdf

    This publication also provides guidelines on a range of other important communication skills including writing essays and management reports, making oral presentations etc. 

    In preparing any written piece of assessment for your postgraduate studies it is important to draw on the relevant ‘literature’ to support critical analysis. Also essential is to reference the literature used. Correct referencing is important because it identifies the source of the ideas and arguments that you present, and sometimes the source of the actual words you use, and helps to avoid the problem of plagiarism. (Further information on plagiarism is provided later in this course outline.)

    The Harvard system is widely used in the Business School. Guidelines for the use of this style of referencing can be found in the Communication Skills Guide.

    Further assistance with referencing is available from the Faculty’s Learning Support Advisors. The contact details are provided on page 4 of the Communication Skills Guide.



    Late Assignment Submission
    Students are expected to submit their work by the due date to maintain a fair and equitable system. Extensions will generally only be given for medical or other serious reasons. All requests for extensions must be emailed to the lecturer in charge of the course before the due date. Each request will be assessed on its merits.

     An assignment extension request based on illness or on exceptional personal circumstances must include the "Supporting Statement / Certification Form" that is part of the Supplementary Assessment application available at:

    https://www.adelaide.edu.au/student/exams/modified-arrangements-for-coursework-assessment

    Students applying for an extension based on medical reasons must visit their medical practitioner, with that approved University form, and have the medical practitioner complete it. A normal doctor's certificate will not be accepted.

     
    A late assignment (without prior arrangement) will be penalised by a 5% mark reduction for each day that it is late.



    Return of Assignments
    Lecturers aim to mark and return assignments to students within two (2) weeks of the due date with written feedback. Students are responsible for collecting their marked assignments from either their tutorials or lectures. If assignments are not collected after two (2) weeks, the assignments will be available at the Student Hub for two (2) weeks. The remaining assignments will only be posted out to the students, if the correct mailing addresses are on the assignments.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
  • Policies & Guidelines
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.