COMMLAW 1004 - Commercial Law I

North Terrace Campus - Semester 2 - 2014

An introduction to the legal system including the roles of the Constitution, parliaments and courts. An introduction to the basic rules of commercial law including breach of contract, the tort of negligence, liability for unsafe products, misleading conduct and unconscionable conduct.

  • General Course Information
    Course Details
    Course Code COMMLAW 1004
    Course Commercial Law I
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Undergraduate
    Location/s North Terrace Campus
    Units 3
    Contact 3 hours per week
    Quota A quota may apply
    Course Description An introduction to the legal system including the roles of the Constitution, parliaments and courts. An introduction to the basic rules of commercial law including breach of contract, the tort of negligence, liability for unsafe products, misleading conduct and unconscionable conduct.
    Course Staff

    Course Coordinator: Mr John Tretola

    Semester 2 Lecturer in charge

    Assoc Prof Christopher Symes
    Location:Room 2.23 Ligertwood Building
    Telephone: 8313 4452  
    Email: christopher.f.symes@adelaide.edu.au 
    Consultation: Thursdays 3 - 5pm.

    Course Timetable

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

  • Learning Outcomes
    Course Learning Outcomes
     Course Learning Outcomes
    1. To understand and appreciate the functioning of law and legal systems;
    2. To understand legal citation conventions in the course of legal writing
    3. To be able to apply those principles to problem-solving exercises;
    4. To develop a knowledge and understanding of the basic principles of business law in Australia;
    5. To develop the capacity to analyse, evaluate and synthesise information from a wide variety of sources and experiences;
    6. To have an awareness of the incompleteness of law and the continuous state of development of legal principles; and
    7. To develop development of critical thinking and problem solving skills.
    8. To apply good inter-personal and communication skills in both written and oral communication and independently and as a member of a team.
    9. To further enhance written and oral skills in the explanation of, analysis and synthesis of legal principle;
    10. To develop an ability to critically analyse and apply legislation, rules and cases in context.
    11. To develop the capacity to identify factual and legal issues.
    12. To develop competence in problem-based practice in the application of the law;
    13. To develop the capacity to identify factual and legal issues.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1, 12, 13
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 1, 2, 3, 4, 5
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 1, 2 , 3 , 4, 5, 6, 7
    Skills of a high order in interpersonal understanding, teamwork and communication. 8
    A proficiency in the appropriate use of contemporary technologies. 1, 2 , 3 , 4, 5
    A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 1, 2, 3 , 4 , 5 , 6, 7
    A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 6, 7, 8
    An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 4, 5, 6, 7
  • Learning Resources
    Required Resources

    Law in Commerce by Brendan Sweeney, Jennifer O’Reilly and Andrew Coleman, 5th edition, LexisNexis Butterworths, 2013.




    Recommended Resources
    A useful resource for legislation and cases in all Australian jurisdictions is: http://www.austlii.edu.au/
    Online Learning
    Copies of the lecture slides, lecture recordings, tutorial questions and assignment instructions will be available on MyUni.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The approach to learning and teaching adopted in this course is that students should print out the lecture slides from the website and read them, then attend the lectures and then read the relevant parts of the text and then prepare written answers to the associated tutorial problems and then attend the relevant tutorial and hand in a copy of their prepared answers and then speak when it is their turn and then revise their prepared answer to the tutorial in the light of the ideas presented at the tutorial and then us this information to complete the assignment and exam.
    Workload

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

    The University expects full-time students (i.e. those taking 12 units per semester) to devote a total of 48 hours per week to their studies. This means that you are expected to commit approximately 9 hours of private study outside of your regular classes.

    Students in this course are expected to attend all lectures throughout the semester plus one tutorial class each week.
    Learning Activities Summary
    Week Topics
    1       Introduction/ Legal system
    2       Contracts - Formation
    3       Contracts - Express terms
    4       Contracts - Implied terms
    5       Contracts - Remedies
    6       Consumer guarantees
    7       Tort of negligence
    8       Tort of negligence
    9       Unsafe goods
    10     Misleading conduct
    11     Unconscionable conduct
    12     Agency / Revision
    Specific Course Requirements
    The specific requirements of this course are that:
    · Students do not talk in lectures while the lecturer is talking.
    · Every student speaks at every tutorial.
  • 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
    Tutorial Participation 10%
    This assessment task is both formative and summative

    Quizzes 20%
    This assessment task is both formative and summative

    Assignment 20%
    This assessment task is both formative and summative

    Final Exam 50%
    This assessment task is summative
    Assessment Related Requirements
    The specific requirements of this course are that:
    · Students do not talk in lectures while the lecturer is talking.
    · Students hand in a written answer at the start of every tutorial.
    · Every student speaks at every tutorial.
    Assessment Detail

    The assessment components are as follows:

    Tutorial Participation            10%

    Students will be assessed on their contribution to the discussion at each tutorial. Tutorial participation is worth 10% of the final grade.

    Online Quizzes            20%

    There will be four quizzes in weeks 4, 7, mid-semester break and in 12, counting for 5% each. These can be completed through MyUni and will relate to all 12 weeks. There will be 10 questions per quiz.

    Assignment                          20%

    The assignment will require a written answer to a legal problem of the type that will occur in the final exam. The assignment will be entered via Turnitin and is worth 20% of the final grade.

    Due Date: 2.00pm on Friday 19 September.

    Final Exam                            50%

    There will be a two hour exam. It will be a open book exam. The exam is worth 50% of the final grade.

    Submission

    Assignment Submission

    • Please retain a copy of all assignments submitted.
    • Please attach an ‘Assignment Cover Sheet’, which is signed and dated by you before submission.

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

     

    Late 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 and must clearly describe the written evidence that will be attached to the assignment. Each request will be assessed on its merits. 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 four (4) weeks of the due date. Students will have this assingment returned eletronically.

    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.