PROJMGNT 7012OL - Business & Contract Legal Studies

Online - Quadmester 4 - 2016

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 PROJMGNT 7012OL
    Course Business & Contract Legal Studies
    Coordinating Unit Entrepreneurship, Commercialisation & Innov Centre
    Term Quadmester 4
    Level Postgraduate Coursework
    Location/s Online
    Units 3
    Contact Approximately 4 hours per week over 10 weeks (interaction & preparation)
    Available for Study Abroad and Exchange
    Prerequisites PROJMGNT 5021
    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: Associate Professor Indra Gunawan

    Program Director Contact Details:
    Project Management
    Name: Associate Professor Indra Gunawan
    Email: indragunawan@adelaide.edu.au

    Teaching staff:

    Term 4 Online
    Name:
    John Twyford

    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.

    Monday 10th October to Sunday 18th December 2016
  • 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)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1, 2, 3, 4, 5
    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
    8
    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
    7
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    10
    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
    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
    10
  • Learning Resources
    Required Resources
    Text book:
    Moens, G., & Gillies, P. (2006). International Trade & Business Law, Policy and Ethics (2nd Edition): Routledge & Cavendish.
    Recommended Resources
    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
    LEARN is the University of Adelaide’s platform for dedicated online delivery. LEARN is a customised version of Moodle, and houses all course requirements including the course profile, announcements, additional course materials (beyond the prescribed text), assessment items, discussion forums, grading, feedback, links to various university and course resources, an internal website email system, a technical assistance facility, etc. LEARN is only accessible once the URL and a password have been provided to the student on enrolment. Students are given access to the course prior to the start date to familiarise themselves with the operational aspects and functionality of the website.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    This course is offered in online mode.
    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.
    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.

    Week Content Readings Activities
    1 Introduction to the available legal resources and description of the law making process. Online lesson, cited article and cases.  Online class discussion and written assignment.
    2 Simple contracts at common law. Online lesson, cited passages in set textbook, cited articles and cases.  Online class discussion and written assignment.
    3  Operation of contracts after formation including: breach, damages, liquidated damages, good faith and discharge of contracts. Online lesson, cited articles and cases.  Online class discussion and written assignment.
    4 The law of agency and insurance.  Online lesson, cited articles and cases. FIDIC Contract for Construction Document.  Online class discussion and written assignment.
    5

    An overview of the law of torts and the law of negligence in detail.
    Online lesson and cited cases.  Online class discussion and written assignment.
    6 International transactions relating to the purchase and sale of goods.  The set textbook with reference to: the Vienna, Rome and Hague Conventions and the cited case.  Online class discussion and written assignment.
    7

    The legal relationship between a project manager and his or her principal.
    Online lesson, cited cases and FIDIC Contract for Construction Document.  Online class discussion and written assignment.
    8 Financial instruments and intellectual property. The set textbook, the online lesson and cited case.  Online class discussion and written assignment.
    9 Dispute resolution. UCITRAL Model Law on International Commercial Arbitration and cited cases.  Online class discussion.
    10 Completion and submission of major project. Revision of all cited material.
    Specific Course Requirements
    A Financial Calculator is a useful tool but not mandatory
  • 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 TaskLength (in word count)WeightingDue DateLearning outcome covered
    1 Discussion Participation (8) 500 16% Day 3 - 7 Week 1 - 8 1, 2, 3, 6, 7
    2 Application Activities (6) 500-700 words 9% Day 7 of each week during weeks 1,2,3,5,6 & 8 4, 5
    3 Case Study Evaluation #1 1500-2000 words 15% Day 7 of Wk 4 9
    4 Case Study Evaluation #2 1500-2000 words 15% Day 7 of Wk 7 9
    5 Final Project:
    Task 1
    Task 2 – Project Presentation
    300
    5,000 - 7,000
    15%
    30%
    Day 7 Wk 5
    Day 4-7 Wk 10
    8&9
    Total 100%
    Assessment Related Requirements
    Students must complete all course assessment requirements.
    Course results are subject to moderation by the ECIC Board of Examiners
    Assessment Detail
    Assessment 1: Discussion Participation (8)
    Weighting: 16%
    Due Date: Day 3 - 7 Week 1 - 8
    Submission Details: Via Discussion board in LEARN

    Task:
    Respond to the discussion prompts and questions each week by the due dates outlined in the assignment. You should expect to post an initial response on day 3 and then follow up responses and inputs to the posts of your classmates and faculty during days 4-7

    Scope:
    This exercise will assess your knowledge, understanding and application of the relevant material covered. Furthermore, the exercise will enhance your ability to engage with other participants in a dialogue dealing with legal concepts.

    Length and Presentation:
    200 words +

    Criteria by which your assignment will be marked:
    The response should demonstrate critical thinking, insight and confirm that you understand the assignment and the underlying concepts. Students are expected to meet a minimum substantive expectation demonstrating appropriate writing style and language choice. Responses should indicate critical thinking with constructive feedback and meaningful inputs into the discussion. The responses should display reasonable quality of writing and concise language choice.

    Learning objectives with this assessment (refer to section 2.1): 1, 2, 3, 6, 7

    Assessment 2: Application Activities (6)
    Weighting: 9%
    Due Date: Day 7, Wk. 1, 2, 3, 5, 6, & 8
    Submission Details: Via Drop Box in LEARN

    Task:
    Complete a response to the assignment prompts contained in the course page. The assignment asks you to apply concepts learned in the week to various situations, problems, or work-related deliverables.

    Scope:
    This exercise will assess your knowledge, understanding and application of the relevant material covered. In addition, the assignment will give you practice in the written expression of legal concepts.

    Length and Presentation:
    500-700 words

    Criteria by which your assignment will be marked:
    The response should demonstrate critical thinking, insight and confirm that you understand the question and the underlying concepts. Students are expected to meet a minimum substantive expectation demonstrating appropriate writing style and language choice. The responses should display reasonable quality of writing and concise language choice.

    Learning objectives with this assessment (refer to section 2.1): 4, 5


    Assessment 3: Case Study
    Weighting: 15%
    Due Date: Day 7, Wk 4
    Submission Details: Via Drop Box in LEARN

    Task:
    Case Study Evaluation #1.
    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, immaculate silver Porsche motorcar, bargain at $75,000. 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 Singapore branch of the State 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 Singapore branch of the State Bank and advised Jack of his acceptance of the offer. Paul Jones also saw the advertisement and wished to buy the car, but in error deposited $5,000 in cash with the State Bank Changi (a suburb of Singapore) branch.

    Subsequently it was discovered that the Porsche had been in a serious accident and was valued at only $40,000.

    Neither Harry nor Paul is now willing to proceed with the transaction. 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 presented. Furthermore the task will teach you how to identify fact relevant to the legal issues and apply the law to those facts with the view to assessing the legal rights of the parties to the transaction.

    Length and Presentation:
    Length: 500-700 words. Font: 10 Pt., Times New Roman Submit your response in an MS Word document to the Dropbox below on Day 7.

    Criteria by which your assignment will be marked:
    · Demonstrated quality and depth of analysis, critical thinking, and work covers all issues.
    · Demonstrated understanding of concepts covered in the course learning materials.
    · Original research.
    · Demonstrated ability to identify and explain legal principles.
    · Logical development of the legal arguments.
    · Quality of writing and clarity of expression.
    · Appropriate referencing and citation of appropriate cases.

    Learning objectives with this assessment (refer to section 2.1): 1-4, 8, 9


    Assessment 4: Case Study
    Weighting: 15%
    Due Date: Day 7, Wk 7
    Submission Details: Via Drop Box in LEARN

    Task:
    Case Study Evaluation #2
    Compare the outcomes in the Faccenda Chickens v Fowler with that in Wright v Gasweld.

    Explain why in one case the information used by a former employee was held a trade secret and not in the other case.

    Scope:
    This assignment will enhance your ability to closely examine the text of a judgment of a court and understand how subtle differences in language and facts can influence the outcome of a decision.

    Length and Presentation:
    1500-2000 words

    Criteria by which your assignment will be marked:
    · Demonstrated quality and depth of analysis, critical thinking, and work covers all issues.
    · Demonstrated understanding of concepts covered in the course learning materials.
    · Original research.
    · Demonstrated ability to identify and explain legal principles.
    · Logical development of the legal arguments.
    · Quality of writing and clarity of expression.
    · Appropriate referencing and citation of appropriate cases.

    Learning objectives with this assessment (refer to section 2.1) 1-4, 8, 9



    Assessment 5: Final Project
    Weighting: 45%
    Due Date: Task 1: Day 7, Week 5
    Task 2: Day 4 – 7 Wk. 10
    Submission Details: Via Drop Box in LEARN

    Task 1 – Contractual Phase:
    Assume that Saki Limited (hereafter Saki) a multinational corporation incorporated in Japan has decided to construct a factory in Australia for the manufacture of its products. You are a project manager who is not currently engaged in any project and available. Saki decides to employ you as the project manager. It takes the decision to have its factory built using one contractor to construct the project. To save time and expense, tenders will be called for a contractor who is capable of executing the work on a design and construct basis (turnkey).
    The first task is to make a list of bullet points showing the issues that would need to be dealt with in the contracts needed to set up and complete this transaction. Note briefly how each of the issues would be dealt with.

    Task 2 – Execution and Post Contractual Phase:
    Sydney Engineering Pty Limited (hereafter Sydney) was the successful tenderer to construct the steel framed factory. The work has been completed and you are presented with the following situation:

    Case Information
    Sydney allowed Saki a substantial discount on the contract price for such work in the hope that a successful project would lead to more work. Sydney is a competent engineering company and its work is reputed to be sound. There has never been a problem in the past. Sydney is a member if the Institution of Engineers and six (6) months before this project, the Institution had forwarded to its members a circular warning that the type of building required by Saki posed new problems and that further measures were needed to strengthen such a building. This circular was filed in Sydney’s office without it being seen by the design staff.

    The design staff continued on and the building was constructed without regard to the advice from the Institution. Soon after completion, the building fails. To render the building safe for workers to enter it will be necessary to demolish and rebuild it at a cost of $1million. In the meantime, industrial land has fallen in value and a similar site could be purchased in a nearby suburb for $200,000 and an identical building constructed for $400,000. Saki has received an offer of $100,000 for his existing site with the damaged building. Saki wished to remain at its original site as it is closer to its suppliers.

    Advise Saki discussing the principles involved and indicating what the outcome of and nature of any likely legal proceedings.

    Scope:
    This assignment will assess your understanding of the course topics presented over the whole of the course including the selection of a contract appropriate to a transaction, the role of a Project Manager, the consequences of a breach of contract and how disputes might best be resolved.

    Length and Presentation:
    5 Your team will submit a paper not to exceed 5,000 - 7,000 words including references and a 3-5 slide PPT presentation summarizing your group’s decisions and recommendations. The paper and the PPT presentation will be submitted by Day 4 of Week 10.

    Criteria by which your assignment will be marked:
    · Demonstrated quality and depth of analysis, critical thinking, and work covers all issues.
    · Demonstrated understanding of concepts covered in the course learning materials.
    · Original research.
    · Demonstrated ability to identify and explain legal principles.
    · Logical development of the legal arguments.
    · Quality of writing and clarity of expression.
    · Appropriate referencing and citation of appropriate cases.
    · Ability to work as part of a team.

    Learning objectives with this assessment (refer to section 2.1): 1-6, 8, 9
    Submission
    All text based assignments must be submitted via Drop Box in LEARN
    There are a few points to note about the submission of assignments:

    · Assignment Submission: Assignments should be lodged via Drop Box in the LEARN system. Please refer to individual assignment tasks for specific submission details relevant to each task. 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.

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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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