TECHCOMM 7012 - Business & Contract Legal Studies
North Terrace Campus - Semester 1 - 2014
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General Course Information
Course Details
Course Code TECHCOMM 7012 Course Business & Contract Legal Studies Coordinating Unit Entrepreneurship, Commercialisation & Innov Centre Term Semester 1 Level Postgraduate Coursework Location/s North Terrace Campus Units 3 Prerequisites TECHCOMM 5021 Incompatible TECHCOMM 5009 Assessment Assignments Course Staff
Course Coordinator: Emeritus Professor Vernon Ireland
Name: John Twyford
Short Bio:
Admitted as a solicitor after completing the Diploma of Law course at the Solicitors Admission Board in 1965
Completed the Master of Laws by course work at the University of Technology, Sydney
Awarded the Doctor of Juridical Science in 2002
Awarded the Master of Arts (Ancient History), Macquarie University in 2005
Employment history
2000 – Now Editor, Australian Construction Law Newsletter
1992 – 2008 Lecturer in the Faculty of Design Architecture and Building UTS
2001 – 2003 Director of the Project Management Program. This Program amalgamated the disciplines of Construction Management, Construction Economics and Project Management
1969 – 1992 Employed by the Master Builders Association of NSW as Legal Director. The duties of that position included: giving detailed advice to members of the Association on legal problems arising out of building contracts and the impact of legislation on the building industry; and 1980-1992 administered the system of commercial arbitration in the construction industry
1966 – 1969 Private legal practice
Miscellaneous matters
Member of Institute of Arbitrators and Mediators Australia
Life Member Rundle Foundation for Egyptian Archaeology
Supervised four doctoral students who have been awarded degrees
Email: John.Twyford@uts.edu.au
Phone: +61 2 9660 7225Course Timetable
The full timetable of all activities for this course can be accessed from Course Planner.
Opening intensive:
Thursday 6th & Friday 7th March 2014
9am-6pm
Masonic Hall, B02, Seminar Room West
Closing intensive:
Monday 31st March & Tuesday 1st April
9am-6pm
Masonic Hall, B03, Seminar Room West
The full timetable of all activities for this course can be accessed from the Course Planner at https://access.adelaide.edu.au/courses/ -
Learning Outcomes
Course Learning Outcomes
1 To familiarize the students with the legal background to the procurement of goods and services. 2 To give the students an understanding of the common law and statutory obligations of vendor and purchaser in a typical situation. 3 To enable the students to understand how the common law and statutory obligations of the parties to a transaction might be varied by agreement 4 To give an overview of law relating to international transactions. 5 To give participants an overview of the law relating to corporations, intellectual property, negotiable instruments, employment contracts and project management contracts. 6 To have some knowledge of the Contracts Code of the People’s Republic of China 7 To give an understanding of the principles of modern dispute resolution. 8 To give students the appropriate skills to consult legal resources related to the solution of a particular legal problem. The resources needed to be understood by students are textbooks, statutes and reports of decided cases. This information is to be found in electronic databases, law reports, textbooks and periodical literature. 9 As most legal information is now available on electronic databases students should develop the ability to access, search and interpret this information. 10 Students should understand the true nature of a professional relationship and distinguish it from other commercial relationships. Here it is necessary to understand the way the ethical rules of professional bodies impact on commercial conduct. 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. 1-7 The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 8 An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 8-9 A proficiency in the appropriate use of contemporary technologies. 9 A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 10 An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 4,6 -
Learning Resources
Required Resources
The University’s preferred textbook supplier is Unibooks: http://www.unibooks.com.au/
Text book:
Turner, Clive (2010) Australian Commercial Law, 28th (or later) Edition, Law Book Company.
Recommended Resources
G Moens& P Gillies International Trade and Business: Law, Policy and Ethics, 2nd Edition, Routledge& Cavendish (2006)
Australian Standard AS4915-2000
The New York Convention (1958)
United Nations Commission on International Trade Law (UNCITRAL)
<http://209.225.62.100/Documents/Manuals/Bidding_Documents/Prequalification/fidic-conditions-of-contract-for-construction.pdf>
Australasian Legal Information Institute website: http://www.austlii.edu.au
Library Resources
The University of Adelaide’s Barr Smith Library provides a range of learning resources including texts, journals, periodicals, magazines, and access to online databases and information services. It also offers a virtual library which is accessible via the University’s website. The University Library web page is: http://www.adelaide.edu.au/library/
From this link, you are able to access the Library's electronic resources.
Other Resources
If you are a member of the PMI (http://www.pmi.org/Membership.aspx) you will “gain exclusive access to PMI publications and our global standards*, networking options with our chapters and online communities of practice, and leadership and volunteer opportunities. You’ll also receive discounts on certification exams and renewals, as well as our professional development offerings.” Student membership is USD$40 to join and USD$30 to renew.
* Log in to access complimentary read-only PDFs of all of PMI's published standards or take advantage of discounts on paperback editions
http://www.pmi.org/PMBOK-Guide-and-Standards/Standards-Library-of-PMI-Global-Standards.aspxOnline Learning
MyUni is the University of Adelaide's online learning environment. It is used to support traditional face-to-face lectures, tutorials and workshops at the University. MyUni provides access to various features including announcements, course materials, discussion boards and assessments for each online course of study (see: https://myuni.adelaide.edu.au) -
Learning & Teaching Activities
Learning & Teaching Modes
This course is offered in blended learning mode with the face-to-face component offered as intensives.
Workload
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
As a guide, a 3 unit course comprises a total of 156 hours work (this includes face-to-face contact, any online components, and self directed study).
Learning Activities Summary
This is a draft schedule and session dates are a guide only. The timetable may be changed during the course delivery if necessary.
Intensive Content Readings/Activities 1 1: Introduction, description of the common law process, theoretical basis of contracts (why certain promises are treated by the law as binding)
2: Contract formation including the requirements for intention on the part of the contracting parties, agreement, formalities and consideration, contractual capacity, consent and legality
3: Continuation of the matters referred to in session 2
4: Operation of contracts including rules for interpretation of written documents, express term and implied terms
5: Discharge of contracts by performance; express agreement, frustration, election after breach and operation of the law
6: Remedies for breach of contract including injunctions, decrees for specific performance and damages – Assessment of damages
7: Variation of existing contracts including a discussion of the principles of promissory estoppel, waiver, recent developments in the law relating to the doctrine of consideration, retention of title clauses and tendering contractCourse Notes
Textbook Chapters
1-122 8: Statutory regulation of transactions for the provision of goods and services including a discussion of: Sale of Goods Act 1895 (NSW) and Contracts Review Act 1980 (NSW); 9: Introduction to the law of torts. Is there a law of tort or a law of torts?
10: Historical development of the law relating to negligence
11: Extension of the law of negligence into situations involving negligent misstatement.
12: Discussion of exercise. The evolution of the concept of proximity and the likely future development in the law in this area
13: Standard of care, remoteness of damage and defences to actions for negligence
14: Actions for negligence based on a duty of care arising out of a contractCourse Notes
Textbook Chapters 13-18, 283 15: Comparative law, an overview of the contract laws of Europe and the Peoples’ Republic of China
16: Legal personality, partnerships and corporations
17: Negotiable instruments
18: Intellectual property
19: Insurance contractsCourse Notes
Textbook Chapters 23-274 20: The legal relationship between principal and project manager
21: Dispute resolution including commercial arbitration, mediation and expert determination – International ArbitrationCourse Notes
Australian Standard AS4915-2000
The New York Convention (1958)
United Nations Commission on International Trade Law (UNCITRAL)
FIDIC Contract.
Specific Course Requirements
Prior to the formal lectures commencing students are advised to read carefully the lecture notes provided and the relevant material found in chapters 1 – 18 of the textbook.
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Assessment
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Summary
An overview of the course assessment appears in the following Table. Details appear in the following section:
# Form of Assessment/Collaborative Task Length (in word count) Weighting Due Date Outcomes being assessed 1 Written assignment 1 1,000 words 20% 14/03/14 1, 2, 3 2 Written assignment 2 1,000 words 20% 28/03/14 3 Multiple choice test 2 hours 20% 30/04/14 7, 15 4 Final written assignment 3 2,000 words 40% 21/05/14 10-14 Total 100% Assessment Related Requirements
Students must complete all course assessment requirements and must attend lectures to be eligible to pass the course.
Course results are subject to moderation by the ECIC Board of Examiners
Assessment Detail
Assessment 1: Written assignment 1
Weighting: 20%
Due Dates: 14/3/2014
Submission Details: Online through MyUni
Task:
Students are required to look up and read the following decisions of the Courts:
Perry v Dr Lennox [2012] NSWSC 207 (9 March 2012)
DPP v Starr [2012] NSWSC 315 (5 April 2012)
RSPCA NSW (Inspector Milton) v Elliott [2012] NSWSC 585 (1 June 2012)
R v. Cotter [2012] NSWSC 89 (17 Feb 2012)
Ryding v Miles & Ors [2012] NSWSC 153 (1 March 2012)
Streller v. Albury City Council [2012] NSWSC 729 (28 May 2012)
Each of these cases applies the law and students are required to write an essay describing the facts of one of the cases and the legal principle that were used for deciding the case. The transcripts of each of the judgments are to be found on the Australasian Legal Information Institute website: http://www.austlii.edu.au
Scope:
This assignment will assess your understanding of the structure of the common law.
Length and Presentation:
1,000 words
Criteria by which your assignment will be marked:
The standards by which the assignment will be assessed include:
· Ability to identify and explain legal principles
· How the answer covers all issues
· Logical development of the legal arguments
· Citation of appropriate cases
· Original research
· Clarity of expression
· Appropriate referencing
Learning objectives with this assessment (refer to section 2.1): 1, 2, & 3.
Assessment 2: Research assignment
Weighting: 20%
Due Dates: 28/3/2014
Submission Details: Online through MyUni
Task:
At the end of the first intensive session students will have covered the basic principles of the law of contract in the Australian, English and Singapore jurisdictions. As has been explained these principles are derived in the main from the decided cases. There are jurisdictions in the world where the law has been proclaimed as a code. The Peoples Republic of China is such jurisdiction. Parts of the Peoples Republic contract code are reproduced in the course notes. The task is to read the code and compare it to the common law you have studied. Identify a number of rules from the code that you consider to be similar or identical to the common law. In addition identify examples that differ from common law principles. Add a short comment on the similarities or differences. In total eight examples will suffice.
Scope:
This assignment will assess your ability to compare legal principles from one legal system with those of another (comparative law).
Length and Presentation:
Should not exceed 1,000 words.
Criteria by which your assignment will be marked:
The standards by which the assignment will be assessed include:
· Ability to identify and explain legal principles
· Clarity of expression
· Appropriate referencing
Learning objectives with this assessment (refer to section 2.1): 7 & 15.
Assessment 3: Multiple choice test
Weighting: 20%
Due Dates: 30/4/2014
Submission Details: Open book, multiple choice test in class.
Task:
There will be forty questions taken from the lecture notes.
Scope:
This multiple choice class test will assess your familiarity with, and understanding of, the course material.
Length and Presentation:
Two-hour class test.
Criteria by which your assignment will be marked:
A correct answer will score half a mark. There may be more than one correct answer and if so, students will be required to identify all correct answers.
Learning objectives with this assessment (refer to section 2.1): 1, 4, 5, 6, 8, & 9
Assessment 4: Written assignment 3
Weighting: 40%
Due Dates: 21/5/2014
Submission Details: Online through MyUni
Task:
Jack Daniels is the owner of a Porsche motorcar. He had purchased it some weeks previously for $100,000. He is suddenly in urgent need of money and places an advertisement in the Adelaide Advertiser as follows:
‘For sale, an immaculate silver Porsche motorcar, bargain at $75,000. This is a genuine sale and the owner will not accept offers. The first person to deposit $5,000 to the credit of Jack Daniels at the Glenelg branch of the State Bank will be treated as the successful purchaser. The balance of the purchase price will be payable on delivery of the vehicle.’
Harry Smith deposited his cheque for the sum of $5,000 with the Glenelg branch of the State Bank and advised Jack of his acceptance of the offer. Paul Jones also saw the advertisement and wishing to buy the car but in error deposited $5,000 in cash with the Adelaide Bank City branch. Subsequently it was discovered that the Porsche had been in a serious accident and was valued at only $40,000. Neither Harry nor Paul are now willing to proceed with the transaction.
Jack suffered a serious loss as he had an opportunity to purchase shares with the proceeds of the sale of the car. The shares that could have been purchased for $75,000 have increased in value to $150,000. Explain the rights of the parties to this transaction.
Scope:
This assignment will test the students’ ability to construct a legal argument and carry out detailed legal research.
Length and Presentation:
Should not exceed 2,000 words.
Criteria by which your assignment will be marked:
The standards by which the assignment will be assessed include:
· Ability to identify and explain legal principles
· How the answer covers all issues
· Logical development of the legal arguments
· Citation of appropriate cases
· Original research
· Clarity of expression
· Appropriate referencing
Learning objectives with this assessment (refer to section 2.1): 10-14.Submission
No information currently available.
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.
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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.
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Student Support
- Academic Integrity for Students
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Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangements Policy
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- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs Policy
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- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment Policy
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- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
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