Unit Guide LAW4198 Semester1 2016
Unit Guide LAW4198 Semester1 2016
Unit Guide LAW4198 Semester1 2016
LAW4198
Australian commercial law
Semester 1, 2016
Handbook link:
http://www.monash.edu.au/pubs/2016handbooks/units/index-byfaculty-law.html
Table of contents
Table of contents
Unit handbook information
Synopsis
Mode of delivery
Workload requirements
Unit relationships
Prerequisites
Prohibitions
Co-requisites
Chief Examiner(s)
Lecturer(s)
Academic overview
Learning outcomes
Unit schedule
6
6
Teaching approach
Assessment summary
10
11
Assessment tasks
11
Examination
12
12
Resubmission of assignments
13
Referencing requirements
13
Assignment submission
13
Academic Integrity
14
14
Feedback to you
14
Your feedback to us
15
15
Learning resources
16
Required resources
16
Recommended resources
16
Technological requirements
17
17
17
Other information
17
Policies
17
17
Student Charter
17
Student Services
17
18
Disability Services
18
Mode of delivery
Clayton (Day)
The courseaims to providea non-exhaustive"survey" of various seperate, but potentially
interrelated, legal topics experiencedbycertain businesses in Australia.
It is ideally designed for law students who have an interest in advising, or dealing with,small-mid
(B2B and B2C) businesses,who may have alreadyhad some practical and
commercialexperiences through a seasonal clerkship, paralegal workor in other professional
contexts.
Inaddition to those subjects noted as pre-requisites for this course, students that have undertaken
and enjoyed core subjectssuch asCorporations Law, Equity and Property Law, may also be
attracted to this subject.
As noted in the Synopsis above, the course brings together disparate topics. Although some of
these topics may be interrelated, this course does not aim to provide some unifying theme behind
the various topics. Rather, the purposes of this course include providing:
an introduction to the basic principles of the law of personal insolvency or bankruptcy - Topic
an introduction to the basic principles of the law of personal insolvency or bankruptcy - Topic
8.
While there are many aspects of the course that are applicable to organisations or natural persons
carrying out theirbusinesses through the corporate form, there are also some aspects of
thecourse that interface morewith individuals or non-corporate forms oforganisationin
commerce(such as the topics on partnership,consumer credit andpersonal insolvency).
The course is divided into 8topics. The first threetopics (on non-corporate forms of business
relationships and sale of goods) will collectively account forthe first 6 weeks (or one half) of the
course. Thereafter, one new topic will be covered each week, except in the final week (week 12),
which will be reserved for revision.
Each week's lectures will be delivered intotwo 1.5 hour classes on two different days. Students
will be expected to have completed reading noted in the Reading Guide for each topic before the
first class addressing that topic (especially in relation to the readings that areto be prioritised,
whichare noted in bold in the Reading Guide).
Lectures will not be recorded. Students with study, professional or other commitments that may
affecttheir ability to regularly attend classesin-person should not enrol in this subject without the
Chief Examiner's prior written approval.
Workload requirements
Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per
semester typically comprising a mixture of scheduled learning activities and independent study.
The unit requires on average three/four hours of scheduled activities per week. Scheduled
activities may include a combination of teacher directed learning, peer directed learning and online
engagement.
Unit relationships
Prerequisites
LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102
Prohibitions
None
Co-requisites
None
Chief Examiner(s)
Chief Examiner(s)
Name:MrNilVijayalingam
Phone:
Email:Nilo.Vijayalingam@monash.edu
Consultation hours:By appointment
Lecturer(s)
Name:MrNilVijayalingam
Campus:Clayton
Phone:
Email:Nilo.Vijayalingam@monash.edu
Academic overview
Learning outcomes
(1) To develop an understanding of the issues facing buyers and sellers in relation to the
transfer of property in goods
(2) To give students an understanding of the state, national and international regulation of
contracts for the sale of goods
(3) To develop in students the capacity to advise both buyers and sellers of goods about
their legal rights in relation to the transfer of ownership of those goods
(4) To provide students with an understanding of the legal and commercial issues facing
partners in their dealings with others and with third parties
(5) To develop an understanding of the legal and commercial issues involved in the
relationship of principal and agent, both as between principal and agent and as between
them and third parties
(6) To build on the skills and knowledge acquired by students in the prerequisite subject.
Unit schedule
Week
Topic
Prior reading:
1
Starting
Monday
29.2.16
Turner,
Chapter13; and
refer to and
Reading Guide;
and
Moodle
Announcements (if
any)
Turner, Chapter
Starting
Monday
7.3.16
3
Starting
Monday
14.3.16
Turner, Chapter
26; and refer to
Reading Guide;
and
Moodle
Announcements (if
any)
4
Starting
Monday
21.3.16
Turner, Chapter
26; and refer to
Reading Guide;
and
Moodle
Announcements (if
any)
Turner, Chapter
14; and refer to
Reading Guide;
and
Moodle
Announcements (if
any)
6
Starting
Monday
11.4.16
Turner, Chapter
15; and refer to
Reading Guide;
and
Moodle
Announcements (if
any)
7
Starting
Monday
18.4.16
Topic 4- Insurance
The scope and provisions of the
Marine Insurance Act and the Insurance Contracts Act
Turner, Chapter
25; and refer to
Reading Guide;
and
Moodle
Announcements (if
any)
8
Starting
Monday
25.4.16
Topic 5- Guarantees
The common law and statutory regimes applying to
guarantees.
Turner, Chapter
20; and refer to
Reading Guide;
and
Moodle
Announcements (if
any)
Turner, Chapter
Starting
Monday
2.5.16
10
Starting
Monday
9.5.16
Turner, Chapter
23; and refer to
Reading Guide;
and
Moodle
Announcements (if
any)
11
Starting
Monday
16.5.16
Turner, Chapter
31; and refer to
Reading Guide;
and
Moodle
Announcements (if
any)
12
Starting
Monday
23.5.16
Refer to
Moodle
Announcements (if
any)
Teaching approach
The classes will be conducted in lecture style based upon readings and materials set out in the
Reading Guide. Students will be expected to read prescribed materials in advance (see Mode of
Delivery above).
The classes are scheduled in two equal 1.5 hour sessions each week over three hours.
Lectures will not be recorded. Students with study, professional or other commitments that may
affecttheir ability to regularly attend classesin-person should not enrol in this subject without the
Chief Examiner's prior written approval.
Assessment summary
Research assignment (2000 words): 40% + Examination (2 hours plus 30 minutes reading and
noting time): 60% OR Examination (3 hours plus 30 minutes reading and noting time): 100%
Assessment task
Value
Due date
30%
4.00 pm on
Friday, 29 April,
Assessment task
Value
Due date
2016
70%
OR
100%
To be advised
Outstanding (HD)
Very Good
(D)
Good (Credit)
Satisfactory
(Pass)
Unsatisfactor
(Fail)
1. Knowledge
&
Understanding
of the Topic
Very
thoroughly researched,
effective use of
materials;
comprehensive
identification and
discussion of issues
Well
researched,
appropriate
use of
materials;
good
identification
and
discussion
of issues
Competently
researched,
good use of
materials;
majority of
relevant
issues
identified and
discussed.
Some relevant
materials
overlooked; some
use of research
materials;
possibly some
misunderstanding
of issues or
materials
Limited
research,
relevant
materials
overlooked o
misunderstoo
failure to
identify and
discuss
relevant issu
2. Analysis &
Argument
Thorough analysis,
deals effectively with
complexity of issues;
persuasively argued
throughout, contrary
arguments anticipated,
good critical evaluation
of materials
Good
analysis,
argument
welldeveloped
and
supported,
some critical
evaluation of
materials
Some
analysis of
issues;
argument
may be underdeveloped or
unpersuasive,
synthesis of
materials with
limited critical
evaluation
Mainly discursive
with little analysis
of issues; basic
argument is
unclear or
undeveloped or
not well
supported, some
reference to
relevant material
Insufficient
analysis,
argument is
lacking or
unsound,
failure to use
relevant
materials, ma
indicate
confusion or
misunderstan
ing
3. Structure &
Writing
Suitable and
coherent
structure &
organisation;
generally
well written
Generally
coherent
structure &
organisation
but with
occasional
deficiencies;
reasonably
well written
Some defects in
structure and
organisation;
writing may be
difficult to follow
in parts
Structure and
organisation
incoherent or
lacking; poor
written, diffic
to follow
4.
Presentation
& Referencing
Minimal errors in
expression, grammar,
spelling or punctuation;
full and accurate
citation of authorities
and sources;
thoroughly edited.
Occasional
minor flaws
in
expression,
grammar,
spelling or
punctuation;
authorities
and sources
are
generally
cited
correctly;
well edited
Some flaws
in expression,
grammar,
spelling or
punctuation;
may have
some
missing,
incomplete or
incorrect
footnote
citations;
some
oversights in
editing
Flaws in
expression,
grammar,
spelling or
punctuation; a
number of
missing,
incomplete or
incorrect footnote
citations; editing
with little care
Frequent or
repeated flaw
in expression
grammar,
spelling or
punctuation;
inadequate
citation of
sources; poo
editing
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Assessment requirements
Assessment tasks
Assessment task title:Optional research essay
Mode of delivery:Hardcopy
Details of task:Optional Research / Assignment Tasks will be made available during semester
Release date (where applicable):4.00 pm on Monday, 7 March, 2016
Due date:4.00 pm on Friday, 29 April, 2016
Word limit (where applicable):2,000 words. This is a STRICT word limit and includes headings,
quotations and footnotes, but not the bibliography. 1 mark (out of 40) will be deducted for every 50
words, or part thereof, over the limit.
Value:30%
Estimated return date:4.00 pm on Monday, 16 May, 2016
Criteria for marking:Essays will be assessed in accordance with the following criteria:
1. The depth of analysis and evaluation
2. The extent of research demonstrated and the overall grasp of the subject matter
Structure
Clear transitions between sections of the paper (your paper should have an introduction and
a conclusion).
Conciseness
Grammar and spelling
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Examination
Title:Examination (2 hours plus 30 minutes reading and noting time) OR Examination (3 hours
plus 30 minutes reading and noting time)
Value:70% OR 100%
Exam period:
Open/Closed book:Open Book
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A student whose work during a teaching period or whose performance in an examination or other
assessment has been affected by acute illness or other exceptional cause beyond their control
may apply in writing to the relevant Faculty for special consideration. Separate forms are used for
in-semester assessment (such as to obtain extensions of due dates for assignments or deferment
of class tests) and end-of-semester assessment (deferment of a final exam). Both types of
application must be supported by documentary evidence and are subject to time limits. An
adjustment of marks is not an available outcome of special consideration.
For further details and forms, refer to the facultys special consideration website
http://monash.edu/exams/special-consideration.html
Resubmission of assignments
Resubmission of assignments is not permitted.
Referencing requirements
You are required to reference consistently using the Australian Guide to Legal Citation 3 (AGLC3).
See the Law Library Guide:
http://guides.lib.monash.edu/law/citingandreferencing.
There is also the short Guide-Me clip on referencing at: Legal writing: To cite or not to cite:
http://resources.lib.monash.edu.au/learning-objects/activities/law/to-cite-or-not-to-cite.htm.
For a comprehensive overview of Academic Integrity (Citing, Referencing and Plagiarism) go to:
http://www.monash.edu/library/skills/resources/tutorials/academic-integrity
Assignment submission
Hard Copy Submission: Assignments must include a cover sheet.The coversheet is accessible via
the Monash portal page located at http://www.law.monash.edu.au/current-students/resources/forms
/index.html under the heading Learning and teaching tools. Please keep a copy of tasks
completed for your records. Hard copy assignments are to be submitted to the assignment box
located in the Undergraduate Student Services counter area.
Online Submission: If Electronic Submission has been approved for your unit, please submit your
work via the Moodle pagefor this unit, which you can access via links in the my.monash portal.
Assessments must be submitted electronically using Moodle. Do not submit files attached to
emails. Log into https://my.monash.edu.au/ and select Moodle from the left menu. Select the unit
for which you wish to submit work.
Unless you have made prior arrangements with your lecturer, only the following file formats
will be accepted: .doc, .docx, .pdf. However, please refer to the specific assessment task for
format acceptable for each task.
It is essential you adhere to the following format for the naming of the file you wish to submit:
- it must contain your Authcate name; and
- there must be no space in the filename.
Comments and grading of your assessment will be communicated to you either by email, or
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Comments and grading of your assessment will be communicated to you either by email, or
post.
Academic Integrity
Academic Integrity modules are now available to students via Moodle. These are a set of
interactive tools to enable students to develop the knowledge and skills for good academic
practice. Completion of modules are encouraged for all students to build a strong base for
academic integrity during their Monash learning journey and beyond. The Academic Integrity
online modules are linked from the Library Resource block within Moodle, and are also directly
available at this link:http://www.monash.edu/library/skills/resources/tutorials/academic-integrity/.
There is a also an accompanying Quiz that we recommend students undertake for better
understanding of Academic Integrity. You may self-enrol by searching for Law Academic Integrity
Module on Moodle and enter enrolment keylawstudentself-enrol.
Studentsshould also read carefully the statement that they are required to sign on the assessment
coversheet.
Students intending to apply for admission to practise law in Victoria should be aware that they will
be required to provide a report from any university at which they have studied on any disciplinary
action arising out of their conduct in the course of study, including disciplinary action with respect
to plagiarism and cheating. Applicants are also required to make their own disclosure of
disciplinary matters (as is the case generally for admission to legal practice). For details, see the
Disclosure Guidelines for Applicants for Admission to the Legal Profession,which can be
accessed via the website of the Victorian Legal Admissions Boardathttp://assets.justice.vic.gov.au
//councillegal/resources/766e3ad0-9f30-4be0-ac8d-deae550b963d
/disclosure+guidelines+for+applicants.pdf.
Feedback to you
All assignments will have feedback in a combination of one or more of the following methods:
1. in the form of a marking guide which is attached to each paper and with comments included
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1. in the form of a marking guide which is attached to each paper and with comments included
on each paper,
2. uploading a HD sample answer to Moodle,
3. providing individual consultation or individual written comments,
4. holding a review class.
Students should make themselves familiar with the marking criteria. With this in mind if a student
believes that they have not received adequate feedback on their assignments they should contact
their lecturer. If students are still not satisfied with the feedback they have obtained then they
should contact the Chief Examiner. If this still does not amount to the student gaining appropriate
feedback then they should contact the relevant program Director.
Students should note that there is a policy of no remarking of assignments unless there has been
a demonstrated error.
Feedback on exams:
Students are also entitled to know where they went wrong and how they can improve with regard
to exams. Students can request a copy of the exam paper (at no charge). Students should firstly
gain a copy of the exam and then make a time see their stream teacher/lecturer to gain
appropriate feedback.
If they are still not satisfied with the feedback they should contact the Chief Examiner. All failed
exam papers are double marked with the higher of the two marks being given to the student.
With regard to both assignments and exams students are entitled to know why they got the mark
they did but marks will not be changed unless there has been a demonstrated error
Post exam feedback:
Exam Feedback can be provided by making an appointment with the Chief Examiner after
receiving a final grade for the exam
Your feedback to us
One of the formal ways students have to provide feedback on teaching and their learning
experience is through the Student Evaluation of Teaching and Units (SETU) survey. The feedback
is anonymous and provides the Faculty with evidence of aspects that students are satisfied with
and areas for improvement.
If you wish to view how previous students rated this unit, please go to
https://emuapps.monash.edu/unitevaluations/index.jsp
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Learning resources
MonashLibrary Unit Reading List (if applicable to this unit):
http://readinglists.lib.monash.edu/index.html
The required text book for the course is noted below. In addition to the text book, refer also to the
Reading Guideand any applicable Moodle Announcements (at least 2 days prior to each
scheduled lecture), where required reading materials for each relevant class will also be noted.
Further reading materials are also provided in the Reading Guide for students seeking additional
guidance on any of the topics covered in the course.
Required resources
Students generally must be able to complete the requirements of their course without the
imposition of fees that are additional to the student contribution amount or tuition fees. However,
students may be charged certain incidental fees or be expected to make certain purchases to
support their study. For more information about this, refer to the Higher Education Administrative
Information for Providers, Chapter 18, Incidental Fees athttp://education.gov.au/help-resourcesproviders.
Moodle
Refer also to Moodle at least 2 days prior to any forthcoming lecture for notice of any additional
required resources.
Reference
Further texts and materials are referred to in the Reading Guide.
There are a number of business law text books. Different styles appeal to different students. If
you do not find an explanation in one that is helpful, it may be worthwhile trying another. Further
Reading materials in the Reading Guide may be useful in this respect.
You can also find information on inclusive teaching practices for students with learning disabilities
or mental health conditions at: www.monash.edu.au/lls/inclusivity/
Recommended resources
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Recommended resources
Refer to the Reading Guide and Moodle at least 2 days prior to any forthcoming lecture for notice
of any additional recommended resources.
Technological requirements
Students must regularly check Moodle for announcements.
Teaching materials (mainly powerpoint slides) used in classes in any given week,will, as a general
rule, be available on Moodle before the end of the Friday of eachrespective week.
THE LECTURESARE NOT RECORDED.
Lectures will not be recorded. Students with study, professional or other commitments that may
affecttheir ability to regularly attend classesin-person should not enrol in this subject without the
Chief Examiner's prior written approval.
Other information
Policies
Monash has educational policies, procedures and guidelines, which are designed to ensure that
staff and students are aware of the University's academic standards, and to provide advice on how
they might uphold them. You can find Monash's Education Policies at:
http://www.policy.monash.edu/policy-bank/academic/education/index.html
Student Charter
http://www.monash.edu/students/policies/student-charter.html
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Student Services
The University provides many different kinds of services to help you gain the most from your
studies. Contact your tutor if you need advice and see the range of services available at
http://www.monash.edu/students.
Disability Services
Disability Services support students with disability, medical or mental health conditions to study at
Monash. Students can individually meet with a Disability Adviser to discuss available services and
resources. Disability Advisers visit all Victorian campuses on a regular basis.
Website: http://www.monash.edu.au/social-justice/disability/
Telephone: 03 9905 5704
Email: disabilityservices@monash.edu
Drop in: Disability Services, 21 Ancora Imparo Way, Clayton Campus
Copyright Monash University 2016. All rights reserved. Except as provided in the Copyright Act 1968, this work may
not be reproduced in any form without the written permission of the host Faculty and School/Department.
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