ENTREP 3007 - Legal Aspects Entrepreneurship

North Terrace Campus - Semester 1 - 2016

The aim of this course is to enable students from a variety of backgrounds to understand legal aspects of entrepreneurship. The knowledge they gain will enable them to seek appropriate legal advice and identify the areas that they need to address when engaged in entrepreneurial activity. On completion of this course, students should be able to display a broad understanding of Commercial Law and how it will impact entrepreneurial activity in several areas. The student should be able to identify the specific legal issue that an entrepreneur needs to understand at various stages of venture development. The course covers from an international perspective key issues in Contract Law; the implications of the Law of Agency; Company Law and legal forms of business organisation; Law of Torts; Intellectual Property; key aspects of employment law; restrictive trade practices; financing, securities and bankruptcy; ethics and compliance.

  • General Course Information
    Course Details
    Course Code ENTREP 3007
    Course Legal Aspects Entrepreneurship
    Coordinating Unit Entrepreneurship, Commercialisation & Innov Centre
    Term Semester 1
    Level Undergraduate
    Location/s North Terrace Campus
    Units 3
    Contact Intensive: 36 to 40 hours
    Available for Study Abroad and Exchange Y
    Course Description The aim of this course is to enable students from a variety of backgrounds to understand legal aspects of entrepreneurship. The knowledge they gain will enable them to seek appropriate legal advice and identify the areas that they need to address when engaged in entrepreneurial activity. On completion of this course, students should be able to display a broad understanding of Commercial Law and how it will impact entrepreneurial activity in several areas. The student should be able to identify the specific legal issue that an entrepreneur needs to understand at various stages of venture development. The course covers from an international perspective key issues in Contract Law; the implications of the Law of Agency; Company Law and legal forms of business organisation; Law of Torts; Intellectual Property; key aspects of employment law; restrictive trade practices; financing, securities and bankruptcy; ethics and compliance.
    Course Staff

    Course Coordinator: Dr Gary Hancock

    Program Director Contact Details:
    Entrepreneurship & Innovation
    Name: Dr Gary Hancock
    Email: gary.hancock@adelaide.edu.au


    Teaching Staff:

    Semester 1
    Name: Bill McFarlane


    Short Bio:
    Bill is a registered patent and trade marks attorney with a range of knowledge and experience in the areas of physics, electrical and electronic engineering, and computing. Bill has been in the profession for over 25 years and became a partner of Madderns in 1996. He is a Member of Engineers Australia. Bill has worked as an engineer in the South Australian Police Force, designing radio communications systems, and has also worked for world-leading communications company, Motorola.
     
    Bill is involved in the drafting and prosecution of patent and trade mark matters in Australia and overseas. He travels overseas on a regular basis to attend conferences and visit corporate clients, keeping them up-to-date with Australian IP trends and reporting their progress in various litigation and opposition matters for which he is responsible.

    He has a particular interest in the Start-Up community having been involved in eChallenge as lecturer, as well as a finals judge, Innovyz Start consultant, as well as attending Start-up Weekends and various community spaces devoted to software development and business enterprises.

    He is also passionate about the training of attorneys and was a tutor and awarded Fellowship of the Academy of Education of the Institute of Patent and Trade Mark Attorneys of Australia, which involved teaching the skill of drafting patent specifications to trainee patent attorneys and also, along with fellow tutors, setting and examining the examinations for qualification as a patent attorney in Australia in the patent drafting subject.

    Email:  bill.mcfarlane@adelaide.edu.au

    Course Timetable

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

    Opening intensive:
    Monday 29th February, Tuesday 1st and Wednesday 2nd March 2016
    9am to 6pm
    Napier 210 Teaching Room

    Closing intensive:
    Tuesday 29th and Wednesday 30th March, and Friday 1st April 2016
    9am to 6pm
    Nexus10 Building, Level 5, Seminar room 5.01
  • Learning Outcomes
    Course Learning Outcomes
    The key learning objectives of this course are:

    1.  Students’ ability to identify legal issues in commercial scenarios
    2.  Practical skills for setting up and running a new business
    3.  Students’ ability to apply critical thinking and problem solving skills
    4.  A high level of literacy and the ability to verbally communicate information and ideas effectively
    5.  Ability to work effectively individually and as a team member in small groups
    6.  Opportunities for practical implementation of the concepts

    Students will acquire a practical background in business and legal aspects of setting up and running their own business.

    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)
    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
    3, 4, 5, 6,
    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
    1, 3, 4, 5, 6
    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, 2, 3, 6
    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
    1, 6
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    1, 3, 4, 5, 6
  • Learning Resources
    Required Resources
    No required textbook.
    Recommended Resources
    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.

    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 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.

    Learning Activities Summary
    Intensive Content Readings
    1

    Introduction to the Legal System in Australia
    Legel Entities
    Definintion of Intellectual Property
    Patents, Trade Marks, Designs
    Trade Secrets
    Other IP Copyright, Circuit Protection, Plant Varieties
    Inventorship/Authorship
    Practical Exercise to consider the application of IP to a start-Up senario

    2 Business Structures:
    Sole Proprietorship
    Partnership
    Company (various types)
       Constitution
       Shares
       Issued Capital
       Shareholders Agreement
       Establishment
       Directors Duties
       Board of Directors
    Trusts (various types)
    Joint Venture
    Asset Protection
    Guarantees
    Vendor Finance
    On-Line Business
    Workshop
    3 Agency arrangements
    Distribution arrangements
    Licensing arrangements
    Due Diligence
    Contracts
    Heads of agreement
    Contracts going wrong
    Competition and consumer protection and ACCC 
        anticompetitive behaviour
        misleading and deceptive conduct
        unconscionable conduct
        consumer guarantees
        consumer warranties against defects
        unfair contract laws
        other laws affecting offering of goods and services
    Tender process
    Franchises
    Workshop
    4 Accountancy     
    Record Keeping and Systems Investment Funds handling Taxation Payroll
    GST (applying and paying)
    PAYG
    Capital Gains
    Policies and Procedures
    Government Schemes R&D Tax EMDG, etc.

    Employment
    OH&S
    Fair Work & Bullying
    Discrimination
    Hiring and Firing
    Terms of Engagement
    Contractors
    5 Insurance
    IP insurance
    Office Equipment (leased/owned/borrowed)
    Data (Cloud/Local Servers)
    Software functionality (when it goes wrong)
    Key Person
    Directors
    Staff 
    Public liability
    Product liability
    Disclosure requirements
    Reporting Incidents
    Record Keeping
    6 Revision Day

    Various Entrepreneurs
    How did they deal with various legal issues?
    How and when to get advice?
    How do you choose an advisor?

    Review of Examination
    Specific Course Requirements
    None
  • 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
    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 Outcome
    1 Assignment 1
    20% see MyUni
    2 True/False Quiz 1 12.5% see MyUni
    3 Assignment 2 20% see MyUni
    4 True/False Quiz 2 12.5% see MyUni
    5 Exam 30% see MyUni
    6 Participation 5% 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
    Assessment 1:  Quiz and Group Presentation
    Weighting:       15% Quiz; 15% Group Presentation
    Submission Details:       In class

    Task:
    Students should study and be prepared to be quizzed on Chapters 10, 11 and 12 (materials featured in Company
    Law I, II and III) of the Chandran textbook. The Quiz is multiple choice.

    After the quiz, groups of 2-3 students make a dynamic and effective presentation of Company Law principles covered by the quiz questions (questions selected by Lecturer) in the form of discussion and analysis during the course lecture.

    Helpful visuals should be used to illustrate or clarify the key points of the presentation.

    An organized team approach is critical.  The overall objective is to present the underlying principles of Company Law clearly as a team, in an enthusiastic and positive manner.
     
    Scope:
    This assignment will assess primarily your ability to prepare class materials in advance without the assistance of the Lecturer
    and communicate and make a clear presentation while working as a team, and teach your classmates certain principles of Company law.

    Length and Presentation:
    This will vary by team. It is recommended that all team members address the class during the presentation.  Reasonable and appropriate visual aids are necessary.

    Criteria by which your assignment will be marked:
    Quiz will be scored based on correct answers. 
    Presentation include: demonstration of knowledge of the Company Law principles and question(s) assigned, responsiveness to Lecturer’s instructions and guidance provided during preparation, team work as well as individual contribution, presentation
    skills, clarity of expression, proper use of the English language (spelling, grammar, syntax), organization and neatness, creativity.



    Assessment 2:  Written Examination
    Weighting:       35%
    Submission Details:     Closed book examination

    Task:
    30-50 multiple choice and short answer questions covering all course topics and material

    Scope:
    This assignment will assess your familiarity with, and understanding of, the course materials.

    Length and Presentation:
    2 hour examination

    Criteria by which your assignment will be marked:
    Correct answers will score points

     

    Assessment 3:  Written Paper
    Weighting:       35%
    Submission Details:     Online through MyUni PLUS email to Lecturer to ensure receipt
                               
    Task:
    Written paper in response to the following two hypothetical questions (answer both questions):

    HYPO1:  Tom is the owner of a house near the stadium where the rugby league Grand Final is to be played. The match is to be played on Sunday 6 October 2002. On the 1 June 2002 Tom contracts with Bill for the construction of a balcony on his house to enable Tom and his guests to view the grand final. The guests are business associates of Tom’s and he hopes the function will create good will and generate more business. A reasonable time to complete the work would have been two months. At the end of August Bill had made no progress with the work. Tom cancelled Bill’s contract and had the work completed by Ray at an additional cost of $20,000. In addition, because there was doubt if Ray could finish on time Tom cancelled a catering contract and served his guests only meat pies and beer. The cost of the cancelled catering contract was $5,000. In addition Tom considers himself to have lost future business as a result of poor quality function. Tom now wishes to recover these losses from Bill. Advise him of his prospect of success citing the relevant principles.

    HYPO 2:  John is a keen amateur sailor. He commissions the construction of a yacht from Pacific Yachts. The plans call for the provision of 5mm reinforcing of the deck at the points where the rigging joins the deck. To save construction costs, Pacific Yachts supplied only 3mm reinforcing. John sailed the yacht for eight years and then in a heavy storm the rigging pulled away from the deck causing the mast to fall. John’s yacht was badly damaged. Before the rigging could be cut free, Peter motored past on his jet ski and collided with the submerged rigging causing serious injury to him. Do Peter and John have a cause of action and if so against whom? Consider all possibilities, including relevant defences to be raised.

    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 apply legal principles and materials presented in the course, complete coverage of issues presented, logical development of legal argument, clarity of expression, proper use of the English language (spelling, grammar, syntax), and citation to appropriate cases and references.

    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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    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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  • Policies & Guidelines
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