TECHCOMM 7012 - Business & Contract Legal Studies

North Terrace Campus - Semester 2 - 2014

Description of the common law process, theoretical basis of contracts; Contract formation including the requirements for intention on the part of the contracting parties, agreement, formalities and consideration, contractual capacity, consent and legality. Operation of contracts including rules for interpretation of written documents; Discharge of contracts by performance; express agreement, frustration, election after breach; Remedies for breach of contract; Rules for assessment of the measure of damages; Variation of existing contracts including a discussion of the principles of promissory estoppel; Introduction to the law of torts; Historical development of the law relating to negligence; Extension of the law of negligence into situations involving negligent misstatement; The evolution of the concept of proximity; Standard of care, remoteness of damage and defences to actions for negligence; Actions for negligence based on a duty of care arising out of a contract. The statutory regulation of transactions for the provision of goods and services; Dispute resolution including commercial arbitration, mediation and expert determination; Discussion of how the matters discussed in the course impact on the procurement procedures; Arbitration with the course participants assuming the roles of litigants, counsel, witnesses and the arbitrator; Implications for contract administration. The context of the course is engineering, technology and information technology design and production, operations and processes, which include consulting, production, procurement, maintenance and logistics supply for technology based operations, including defence, construction, and manufacture, and IT provision for ongoing businesses, assessment of efficiency, risk and quality management, and related aspects.

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Course Details

Course Code	TECHCOMM 7012
Course	Business & Contract Legal Studies
Coordinating Unit	Entrepreneurship, Commercialisation & Innov Centre
Term	Semester 2
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 7225

Course Timetable

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

Opening intensive:
Thursday 7th & Friday 8th August 2014
9am-5pm
Masonic Hall, B02, Seminar Room East

Closing intensive:
Thursday 4th & Friday 5th August 2014
9am-5pm
Masonic Hall, B02, Seminar Room East

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.aspx

Online 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 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 contract	Course Notes Textbook Chapters 1-12
2	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 contract	Course Notes Textbook Chapters 13-18, 28
3	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 contracts	Course Notes Textbook Chapters 23-27
4	20: The legal relationship between principal and project manager 21: Dispute resolution including commercial arbitration, mediation and expert determination – International Arbitration	Course Notes Australian Standard AS4915-2000 The New York Convention (1958) United Nations Commission on International Trade Law (UNCITRAL) FIDIC Contract.

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:

Assessment No.	Form of Assessment/Collaborative Task	Length (in word count)	Weighting	Due Date	Learning outcomes covered (see 2.1 for detail)
1	Written assignment 1	1,000 words	20%	See MyUni
2	Written assignment 2	1,000 words	20%	See MyUni
3	Multiple choice test	2 hours	20%	See MyUni
4	Final written assignment 3	2,000 words	40%	See MyUni
	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

See Course Profile Book.

Submission

All text based assignments must be submitted via MyUni.
Please refer to step by step instructions: http://www.adelaide.edu.au/myuni/tutorials/files/AssignmentStudentSubmission.pdf

There are a few points to note about the submission of assignments:

Assignment Submission: Assignments should not be emailed to the instructor but should be lodged via the MyUni Course site. Note that assignments may be processed via TURNITIN which is an online plagiarism prevention tool.
Cover Sheet: Please submit, separate to your assignment, the completed University of Adelaide Assessment Cover Sheet providing details of yourself and your team members (if applicable), your assignment, the course, date submitted, etc. as well as the declaration signed by you that this is your (your team’s) work. Note that the declaration on any electronically submitted assignment will be deemed to have the same authority as a signed declaration.
Backup Copy of Assignments: You are advised to keep a copy of your assignments in case the submitted copy goes missing. Please ensure that all assignment pages are numbered. If your assignment contains confidential information, you should discuss any concerns with the Course Lecturer prior to submission.
Extensions of Time: Any request for an extension of time for the submission of an assignment should be made well before the due date of the assignment to the Course Lecturer. Normally, extensions will only be granted for a maximum of two weeks from the original assignment submission date. Extensions will only be granted in cases of genuine extenuating circumstances and proof, such as a doctor’s certificate, may be required.
Failure to submit: Failure to submit an assignment on time or by the agreed extension deadline may result in penalties and may incur a fail grade. Note that a late penalty of 5% of the total available marks for that assessment item will be incurred each day an assignment is handed in late. Assignments handed in after 14 days from the due submission date will fail even if a 100% mark is granted for the work.

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
This section contains links to relevant assessment-related policies and guidelines - all university policies.
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.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator