ENTREP 3007NA - Legal Aspects Entrepreneurship
Ngee Ann Academy - Quadmester 4 - 2017
General Course Information
Course Code ENTREP 3007NA Course Legal Aspects Entrepreneurship Coordinating Unit Entrepreneurship, Commercialisation & Innov Centre Term Quadmester 4 Level Undergraduate Location/s Ngee Ann Academy Units 3 Contact Intensive: 36 to 40 hours Available for Study Abroad and Exchange Incompatible COMMLAW 2502 Legal Aspects of International Business II 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 Coordinator: Dr Gary HancockProgram Director Contact Details:
Entrepreneurship & Innovation
Name: Dr Gary Hancock
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.
The full timetable of all activities for this course can be accessed from Course Planner.
Course Learning Outcomes
On successful completion of this course, students will be able to:
1 Identify legal issues in commercial scenarios 2 Articulate practical skills for setting up and running a new venture 3 Apply critical thinking and problem solving skills 4 Demonstrate a high level of literacy and to verbally communicate information and ideas effectively 5 Develop a practical legal strategy for a new venture
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 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 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, 5 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, 5 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
Required ResourcesNo required textbook.
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. Access to the Library's electronic resources.
Online LearningMyUni 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.
Learning & Teaching Activities
Learning & Teaching ModesThis course is offered in blended learning mode with the face-to-face component offered as intensives.
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 SummaryThis 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
Definintion of Intellectual Property
Patents, Trade Marks, Designs
Other IP Copyright, Circuit Protection, Plant Varieties
Practical Exercise to consider the application of IP to a start-Up senario
2 Business Structures:
Company (various types)
Board of Directors
Trusts (various types)
3 Agency arrangements
Heads of agreement
Contracts going wrong
Competition and consumer protection and ACCC
misleading and deceptive conduct
consumer warranties against defects
unfair contract laws
other laws affecting offering of goods and services
Record Keeping and Systems Investment Funds handling Taxation Payroll
GST (applying and paying)
Policies and Procedures
Government Schemes R&D Tax EMDG, etc.
Fair Work & Bullying
Hiring and Firing
Terms of Engagement
Office Equipment (leased/owned/borrowed)
Data (Cloud/Local Servers)
Software functionality (when it goes wrong)
6 Revision Day
How did they deal with various legal issues?
How and when to get advice?
How do you choose an advisor?
Review of Examination
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 SummaryAn overview of the course assessment appears in the following Table. Details appear in the following section:
# Assessment Task Task Type Length Weight Learning Outcomes 1a Quiz Individual 15% 1b Group Presentation Group 15% 2 Exam Individual 2 hours 35% 3 Written Paper Individual 2000 words max. 35% Total 100%
Assessment DetailAssessment 1: Quiz and Group Presentation
Weighting: 15% Quiz; 15% Group Presentation
Submission Details: In class
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.
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
Submission Details: Closed book examination
30-50 multiple choice and short answer questions covering all course topics and material
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
Submission Details: Online through MyUni PLUS email to Lecturer to ensure receipt
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.
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.
SubmissionAll text based assignments must be submitted via MyUni.
Please refer to step by step instructions: MyUni Learning Centre
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.
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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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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