WINEMKTG 7035 - Legal Aspects of Wine Business (M)

North Terrace Campus - Trimester 1 - 2017

This course will introduce students to a range of legal issues that impact on a wine business and international trade in wine. The topics covered will include an overview of the legal system, including international trade law, legal business structures for carrying on a wine business, contract law that applies to wine sales, as well other transactions undertaken in a wine business and international sales, business torts, including negligence and product liability, consumer protection and competition laws, intellectual property in a wine business, labelling claims and label integrity program, food standards and trade measurements, distribution arrangements including importing and exporting, International Trade Agreements and agencies, and ecommerce law that applies to operating an online wine business.

  • General Course Information
    Course Details
    Course Code WINEMKTG 7035
    Course Legal Aspects of Wine Business (M)
    Coordinating Unit Business School
    Term Trimester 1
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Up to 36 hours
    Available for Study Abroad and Exchange Y
    Course Description This course will introduce students to a range of legal issues that impact on a wine business and international trade in wine. The topics covered will include an overview of the legal system, including international trade law, legal business structures for carrying on a wine business, contract law that applies to wine sales, as well other transactions undertaken in a wine business and international sales, business torts, including negligence and product liability, consumer protection and competition laws, intellectual property in a wine business, labelling claims and label integrity program, food standards and trade measurements, distribution arrangements including importing and exporting, International Trade Agreements and agencies, and ecommerce law that applies to operating an online wine business.
    Course Staff

    Course Coordinator: Mr Domenic Carbone

    Lecturer: Domenic Carbone
    Location: Room 4.16, Ligertwood Building
    Telephone: 8313 4759
    Email: domenic.carbone@adelaide.edu.au

    Lecturer: Rachel Triggs
    Location: (Sessional Lecturer)
    Telephone: 
    Email: rachel.triggs@adelaide.edu.au

    Course website: www.myuni.adelaide.edu.au

    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 An understanding of the legal system and how it applies to regulate a wine business.
    2 Knowledge of basic principles of specific topics of law and their relevance to a wine business.
    3 An awareness of legal issues that can arise in carrying on a wine business and the legal duties and rights that can arise.
    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)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1 and 2
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2 and 3
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    2
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    1
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    2
  • Learning Resources
    Required Resources
    Textbook
    Australian Business Law 2016, Latimer, 35th ed, Oxford University Press.
    Other Course Materials, such as PowerPoint slides and supplementary notes, will be made available on MyUni.
    Recommended Resources
    Useful reference books are:
    Global Wine Regulation, edited by Harvey & Waye 2014, Thomson Reuter.
    Australian Commercial Law, Turner & Trone, 31st ed, Thomson Reuter.
    A Guide to Business Law, Miles & Dowler, 21st ed, Thomson Reuter.
    International Business Law, August, Mayer & Bixby, 6th ed, Pearson.
    Online Learning
    Seminars will be recorded and the recordings made available on MyUni. PowerPoint slides used in seminars and other learning material for the course, such as supplementary notes and tutorial questions, will also be made available on MyUni.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Teaching will be by intensive seminars during which topics will be presented in lecture format followed by case study problem tutorial question solving that consider and apply the legal topics covered in lectures. All students are expected to attend all seminars in this course or, if an external student, view the seminar recordings.
    Before a seminar students are expected to have printed and read the PowerPoint slides for the topic being covered. After a seminar students are expected to undertake further reading from the textbook. Students are also expected to engage in the learning process and actively participate in class discussions.
    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 for a three-unit course of private study outside of classes.
    Students in this course are expected to attend all seminars throughout the trimester, or, if an external student, view the seminar recordings.
    Learning Activities Summary
    Topics Textbook Reading
    1 Overview of the legal system Chapter 1
    2 Legal business structures Chapters 9 & 10
    3 Contracts – Formation Chapter 5
    4 Contracts – Operation: Terms & Remedies Chapter 6
    5 Business torts Chapter 4
    6 Consumer protection Chapter 7
    7 Anti-competitive business conduct Chapter 8
    8 International Trade Agreements & agencies To be provided
    9 Intellectual property Chapters 3 & 12
    10 Labelling claims & label integrity program To be provided
    11 Food standards & trade measurements To be provided
    12 Exporting & distribution arrangements To be provided
    13 Liquor licensing To be provided
    14 Electronic commerce Misc paragraphs
    Specific Course Requirements
    Nil
  • 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 Weight Due Date/Week Length(Word,Time) Learning Outcomes
    Assignment 1 50% 25 March 2,000 words 1 to 3
    Assignment 2  50% 6 May 2,000 words 1 to 3
    Total 100%
    Assessment Related Requirements
    To gain a pass in the course, a mark of at least 50% overall is required. There is no requirement that a particular part of the assessment must be passed.
    Assessment Detail
    Assignments
    A written essay answer to a legal case study question. The assignments are each an individual or group assignment, with a maximum of three students to a group.
    Submission
    Assignment Guidelines including Referencing Details
    The Communication Skills Guide will assist you to write and structure your assignments. A copy of the guide can also be downloaded from:

    http://www.adelaide.edu.au/professions/hub/downloads/Communications-Skills-Guide.pdf

    This publication also provides guidelines on a range of other important communication skills including writing essays. In preparing any written piece of assessment 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 assistance with referencing is available from the Faculty’s Learning Centre Support. The contact details are provided on page 4 of the Communication Skills Guide.

    Assignment Submission

    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. Lecturers may withhold students’ results until the student has signed the Assignment Cover Sheet.
    3. Lecturers can refuse to accept assignments, which do not have a signed acknowledgement of the University’s policy on plagiarism.
    4. For this course, students are required to hand in assignments via ‘Turn it in’ which is a computer programme that helps to detect plagiarised work. Further information can be found at:

    http://www.adelaide.edu.au/myuni/student/tutorials/content/Turnitin-Submitting-a-Turnitin-Assignment-as-a-Student.html

    5. Students must not submit work for an assignment that has previously been submitted for this course or any other course without prior approval from the Lecturer-in-Charge.

    Late Assignment Submission

    Students are expected to submit their work by the due date to maintain a fair and equitable system of assessment. 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 "Section 2” certification form that is part of the Replacement Assessment application available at:

    http://www.adelaide.edu.au/policies/3303/?dsn=policy.document;field=data;id=7446;m=view

    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 10% mark reduction for each day that it is late.

    Return of Assignments

    Lecturers aim to mark and return assignments to students within two weeks of the due date with written feedback. Students are responsible for collecting their marked assignments from either their seminars. If assignments are not collected after two weeks, the assignments will be available at the Law School office Hub for two weeks, after which the remaining assignments will be disposed of.

    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.