TECHCOMM 7012NA - Business & Contract Legal Studies

Ngee Ann Academy - Trimester 3 - 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.

  • General Course Information
    Course Details
    Course Code TECHCOMM 7012NA
    Course Business & Contract Legal Studies
    Coordinating Unit Entrepreneurship, Commercialisation & Innov Centre
    Term Trimester 3
    Level Postgraduate Coursework
    Location/s Ngee Ann Academy
    Units 3
    Prerequisites TECHCOMM 5021
    Incompatible TECHCOMM 5009
    Course Description 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.
    Course Staff

    Course Coordinator: Emeritus Professor Vernon Ireland

    Course Timetable

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

  • 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 & Teaching Activities
    Learning & Teaching Modes

    No information currently available.

    Workload

    No information currently available.

    Learning Activities Summary

    No information currently available.

  • 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

    No information currently available.

    Assessment Detail

    No information currently available.

    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.

  • 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.

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