TECHCOMM 7012NA - Business & Contract Legal Studies
Ngee Ann Academy - Trimester 1 - 2015
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General Course Information
Course Details
Course Code TECHCOMM 7012NA Course Business & Contract Legal Studies Coordinating Unit Entrepreneurship, Commercialisation & Innov Centre Term Trimester 1 Level Postgraduate Coursework Location/s Ngee Ann Academy Units 3 Available for Study Abroad and Exchange Y Prerequisites TECHCOMM 5021 Incompatible TECHCOMM 5009 Assessment assignments Course Staff
Course Coordinator: Professor Frank Schultmann
Program Director Contact Details:
Project Management
Name: Professor Vernon Ireland
Phone: +61 411 153 861
Email: vernon.ireland@adelaide.edu.au
Teaching Staff:
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
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.
Singapore timetable
Opening intensive:
Friday 27 February 2015 7pm-10pm Promising entrepreneurs need a drive to succeed and a thirst for knowledge. Saturday 28 February 2015 1pm-8pm Sunday 1 March 2015 9am-4pm Closing intensive:
Friday 10 April 2015 7pm-10pm Promising entrepreneurs need a drive to succeed and a thirst for knowledge. Saturday 11 April 2015 1pm-8pm Sunday 12 April 2015 9am-4pm -
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
Text book:
Tabalujan, B.S., & Du Toit-Low, V., (2012) Singapore Business Law (6th ed.), Singapore, BusinessLawAsia, ISBN 9789810717094 (hereinafter referred to as “SBL” or “Tabalujan & Du Toit-Low”).
Recommended Resources
There is a wide range of material on the course topic available. The following provides some additional reading guidance if you are interested in reading further on the topic.
Phang, A., Basic Principles of Singapore Business Law (Singapore, Thompson, 2004)
G Moens & P Gillies, International Trade and Business: Law, Policy and Ethics, 2nd Edition, Routledge & Cavendish (2006)
Australian Standard AS4915-2000
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) http://www.uncitral.org/pdf/07-87406_Ebook_ALL.pdf
United Nations Convention on Contracts for the International Sale of Goods (1980) http://www.uncitral.org/pdf/english/texts/sales/cisg/CISG.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 day Content Readings 1 1: Introduction, description of the common law process, theoretical basis of contracts (why certain promises are treated by the law as binding) Course notes 4.1 – 4.2
SBL Chapter 12: Contract formation including the requirements for intention on the part of the contracting parties, agreement, formalities and consideration, contractual capacity, consent and legality Course notes 4.3 – 4.11
SBL Chapters 3 - 63: Continuation of the matters referred to in session 2 4: Operation of contracts including rules for interpretation of written documents, express terms and implied terms; promissory estoppel Course notes 4.13 – 4.15 2 5: Discharge of contracts by performance; express agreement, frustration, election after breach and operation of the law Course notes 4.12
SBL Chapter 76:Remedies for breach of contract including injunctions, decrees for specific performance and damages; assessment of damages SBL Chapter 8 7: Case studies – Group Activity 3 8: Statutory regulation of transactions for the provision of goods and services: Singapore Sale of Goods Act. Course notes 4.17
SBL Chapter 159: Agency law SBL Chapter 16 (agency) 10.Law of Torts Introduction; Historical development of the law relating to negligence; Standard of care, remoteness of damage and defences to actions for negligence; the concept of proximity; Actions for negligence based on a duty of care arising out of a contract Course notes 4.18
SBL Chapter 1811: Extension of the law of negligence into situations involving negligent misstatement. SBL 18 - 415 through 416 12: Discussion of Assessments 1 & 2. 4 13: History and development of the Singapore Legal System; reprise Common vs Civil Law Systems Course notes 4.20 - 4.21
SBL Chapter 214: International Business Law: Civil and Common Law Tradition, issues in international contracting, public and private international law; international organizations Course notes 4.4.4; 4.22
SBL: 19 - 101 through 428;
19 - 601 through 70815: Principles of Property SBL 14 - 101 through 325 5 16: Intellectual Property Course notes 4.28 - 4.33
SBL: 14 - 401 through 457;
19 - 801 through 80517: Company Law: Formation and Management Course notes 4.23 – 4.26.6
SBL Chapters 9-1118: Company Law Finance and Insolvency Course notes 4.26.7 – 4.26.8
SBL Chapters 12-1319: Negotiable instruments, including letters of credit Course notes 4.27
SBL: 17-101 through 104;
17-301 through 407;
19-501 through 517 (letters of credit)20: Contract and Tort Law Review 21: Case Studies: Group Activities 6 22: Insurance contracts Course notes 4.34 23: The legal relationship between principal and project manager Course notes 4.16; 4.35 – 4.36 24: Dispute resolution including litigation, arbitration, mediation, expert determination, International Arbitration Course notes 4.39; 4.43
SBL 2 - 501 through 60925: In class EXAM Specific Course Requirements
Prior to attending the formal lectures, students are advised to read carefully the lecture notes provided and the corresponding chapters in the textbook (as shown above).
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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:
# Assessment Length Weighting Due Date Learning Outcomes 1 Written assignment 1 1,000 words 20% See MyUni 1, 2, 3 2 Written assignment 2 1,000 words 20% See MyUni 7 3 Multiple choice test 2 hours 30% See MyUni 1, 4, 5, 6, 8, 9 4 Final written assignment 3 2,000 words 30% See MyUni 10 Total 100% Assessment Related Requirements
Students should attend all classes in order to pass the course. There is considerable experiential learning in workshops during the intensive classes that build your knowledge and thus enable you to be successful in this course.
Course results are subject to moderation by the ECIC Board of Examiners
Appropriate use of the Internet in assignments
The purpose of this document is to assist students with appropriate use of the material they have accessed on the Internet in assignments. The Internet is a wonderful source of information and sometimes students are not aware of how to use it properly. For example, a recent case had over 70% of words copied from over 20 other sources. Furthermore, many students think this is the appropriate use of the Internet.
IT IS NOT.
Due to an increasing number of students infringing the University’s Academic Dishonesty Requirements within the Master of Applied Project Management, a more rigorous method of checking assignments is used.
There is a hierarchy of penalties, the lowest of which is the loss of some assignment marks and the student’s name being placed on the Faculty’s Academic Dishonesty Register for six months. This only occurs if I believe this occurred through error. The second level penalty is more significant which is loss of all marks for the assignment and being placed on the University’s Academic Dishonesty Register for the remainder of their time at the University. Even higher penalties can involve the University deciding the student should not graduate. This has occurred in the Master of Project Management.
Appropriate use of the Internet is to include all directly copying of sections of other reports in ‘inverted comas’, as a quotation, and note the source of the quote. To include a group of words without use of inverted commas and without noting where the words came from is an example of academic dishonesty.
Students may not be aware that the University has use of an international database called Turnitin in which all direct use of other material can be traced.
On a more positive note students need to understand the points made in any paper they access on the Internet and integrate these thoughts into their argument rather than just copying large passages. Of course this takes more work but this is what tertiary education requires and, in the end, make students into better thinkers and more able to express their ideas in their assignments.
Professor Vernon Ireland
Director of Project ManagementAssessment Detail
Assessment 1: Written assignment 1
Weighting: 20%
Submission Details: Online through MyUni PLUS email to Lecturer to ensure receipt
Task:
Students are required to look up and read the following decisions of the Courts:
Aiton v Transfield NSWSC996 (1 October 1999)
Seven Network (Operations) Limited& Ors v James Warburton No 2) [NSWSC 386 (12 May 2011)
Ryding v Miles & Ors [2012] NSWSC 153 (1 March 2012)
Streller v. Albury City Council [2012] NSWSC 729 (28 May 2012) [Note: use 2012 case not 2013 case for this assignment]
Each of these cases made a contribution to the law as decided by the judges and students are required to write an essay describing the facts of one of the cases and the legal principle that emerged from 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 as a word document
Criteria by which your assignment will be marked:
- Ability to identify and explain legal principles
- How the answer covers all issues
- Logical development of the legal arguments
- Citation of appropriate cases
- Clarity of expression
- Appropriate referencing
Assessment 2: Written assignment 2
Weighting: 20%
Submission Details: Online through MyUni PLUS email to Lecturer to ensure receipt
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, most of which are applicable to jurisdictions in the US, Canada, Malaysia and New Zealand. As is the practice in common law jurisdictions and has been discussed, these principles are derived primarily from judge decided cases. There are jurisdictions in the world where the law has been proclaimed as a code (civil law jurisdictions). The People’s Republic of China is such a jurisdiction. Parts of the PRC contract code are reproduced in 4.19 of 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 and also identify example of code sections that differ from common law principles. Add a short comment on the similarities or differences. A total of eight (8) examples will suffice; it is suggested to select 4 that are similar and 4 that are dissimilar.
Scope:
This assignment will assess your ability to compare legal principles from one legal system with those of another (comparative law).
Length and Presentation:
1,000 words maximum as a word document
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, proper use of the English language (grammar, spelling, etc.)
- Concise formulation of the critical issues
- Appropriate referencing
Assessment 3: Multiple choice test
Weighting: 30%
Submission Details: Open book, multiple choice test in class commencing 2.00pm Sunday 12th April 2015.
Task:
There will be forty questions taken from the lecture notes and text book
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 a mark. There may be more than one correct answer and if so, students will be required to identify all correct answers.
Assessment 4: Written assignment 3
Weighting: 30%
Submission Details: Online through MyUni PLUS email to Lecturer to ensure receipt
Task:
Jack Daniels is the owner of a Porsche motorcar. He had purchased it some weeks previously for $150,000. He is suddenly in urgent need of money and places an advertisement in the Straits Times as follows:
‘For sale, an immaculate silver Porsche motorcar, bargain at $125,000. 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 City branch of the Standard Chartered Bank will be treated as the successful purchaser. The balance of the purchase price will be payable within 7 days.’
Harry Smith deposited his cheque for the sum of $5,000 with the City branch of the Standard Chartered 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 HKSB Changi branch. Subsequently it was discovered that the Porsche had been in a serious accident and was valued at only $50,000. Neither Harry of Paul are now willing to proceed with the transaction. How should either proceed to protect their rights? What legal remedies are available to either Harry of Paul in respect of the failed transaction? Explain the principles involved.
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 $125,000 have increased in value to $175,000. Does Jack have an action against either Harry or Paul and if so for what sum of money? Explain the principles involved.
Scope:
This assignment will assess your understanding of the course topics with a legal focus, namely, contract and tort law, and your ability to organize and express a legal argument.
Length and Presentation:
1500 to 2000 words
Criteria by which your assignment will be marked:
- Ability to identify and explain legal principles
- Comprehensiveness: Does your answer cover all the issues?
- Logical development of the legal arguments
- Citation of appropriate cases
- Clarity of expression, proper use of the English language (grammar, spelling, etc.)
- Appropriate referencing
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; they must be lodged via the MyUni Course site (unless specified to do both). 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 (Unless otherwise stated in 'Assessment Related Requirements' or 'Assessment Detail' above). Assignments handed in after 14 days from the due submission date will fail even if a 100% mark is granted for the work.
Resubmission & Remarking
Resubmission of an assignment for remarking after reworking it to obtain a better mark will not normally be accepted. Approval for resubmission will only be granted on medical or compassionate grounds.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
- Academic Support with Maths
- Academic Support with writing and study skills
- Careers Services
- International Student Support
- Library Services for Students
- LinkedIn Learning
- Student Life Counselling Support - Personal counselling for issues affecting study
- Students with a Disability - Alternative academic arrangements
- YouX Student Care - Advocacy, confidential counselling, welfare support and advice
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Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangements Policy
- Academic Integrity Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs Policy
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Elder Conservatorium of Music Noise Management Plan
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment Policy
- Reasonable Adjustments to Learning, Teaching & Assessment for Students with a Disability Policy
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
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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.