×îÐÂÌÇÐÄVlog

COMMLAW 1004 Commercial Law I Semester 2, 201８
Week	Dates	Lecture topic	Seminar topic
1	July 23-27	The ×îÐÂÌÇÐÄVlogn Legal System	NO SEMINARS
2	July 30-Aug 3	Contracts: Formation	The ×îÐÂÌÇÐÄVlogn Legal System: Regulation of the ×îÐÂÌÇÐÄVlogn Economy
3	Aug 6-10	Contracts: Terms	Contracts: Formation
4	Aug 13-17	Contracts: Termination and Remedies	Contracts: Terms
5	Aug 20-24	Contracts: Termination and Remedies	Contracts: Termination and Remedies
6	Aug 27-31	Business Structures and E-Commerce	Contracts: Termination and Remedies
7	Sept 3-7	Vitiating Factors (Misinformation)	Business Structures and E-Commerce
8	Sept 10-14	Vitiating Factors (Abuse of Power)	Vitiating Factors (Misinformation)
MSB	Sept 17-21	NO LECTURE – MID-SEMESTER BREAK	NO SEMINARS
MSB	Sept 24-28	NO LECTURE – MID-SEMESTER BREAK	NO SEMINARS
9	Oct 1-5	Tort of Negligence	Vitiating Factors (Abuse of Power)
10	Oct 8-12	Tort of Negligence	Tort of Negligence
11	Oct 15-19	Unsafe Products	Tort of Negligence
12	Oct 22-26	Revision	Unsafe Products
SWOT

On successful completion of this course, students will be able to:

1. Analyse the foundational principles of commercial law, undertake self-directed research at a foundational level, and evaluate (complex) legal and business-related information
2. Apply commercial law to complex problems/issues, critique the operation of commercial law from a theoretical perspective, either individually or as part of a team
3. Structure and sustain concise and cohesive written and/or oral arguments for a professional audience
4. Conduct legal research and analysis at a foundational level independently in a professional/academic environment
5. Analyse the impact/operation of commercial law from policy, comparative and interdisciplinary perspectives.

Reading / Texts
The prescribed textbook for this course is Andy Gibson, Business Law (Pearson, 10th ed, 2018).

A series of recommended readings and resources are provided for each learning week. These are outlined in the Study Guide and Reading List.

The MyUni course page for this course can be accessed at

Besides this Course Outlines and the Study Guide, students can use MyUni to access copies of the PowerPoint slides used in lectures, recordings of lectures, assessment tasks and other course materials. Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.

Students in this course are expected to attend all lectures throughout the semester plus one one-hour seminar each week.

The lectures will offer an overview of the topics covered in the course, according to the schedule set out below. Each lecture will include opportunities for students to ask questions on the issues covered and engage in the discussion.

The seminars involve small group discussion of selected issues covered in the course and are designed to encourage active engagement with the themes of the course. The seminars are meant to be more of a guided, open forum for discussion and analysis, and will help students to think critically about the many significant issues addressed throughout the course. The questions assigned for each seminar will assist in providing some direction for this discussion.

For 3-unit courses, students are expected to devote an average of 12 hours per week to their studies in it, including classes. Students in this course are expected to attend all lectures throughout the semester plus one one-hour seminar each week.

The assigned readings provide not only a context for the material covered in the lectures but for the seminars.

Copies of PowerPoint presentation slides used in the lectures will be made available on MyUni ahead of each lecture. These provide a basic outline of the points covered, though they should not be seen as a substitute for attendance or for the assigned readings. Some students may find it useful to print the slides out in advance of the relevant lectures and use them as a basis for taking notes.

The lectures are intended to provide an overview of the relevant themes and principles and to put them into context. They are not meant to tell students everything they need to know, but to serve as a guide for their own study. That study should involve, at the very least, reading through the material in the Study Guide and any other directed readings, and preparation of answers to the questions set for seminars.

Schedule

Week	Lecture Topic	Seminar Topic
1	The ×îÐÂÌÇÐÄVlogn Legal System	NO SEMINARS
2	Contracts: Formation	The ×îÐÂÌÇÐÄVlogn Legal System
3	Contracts: Terms	Contracts: Formation
4	Contracts: Termination and Remedies	Contracts: Terms
5	Contracts: Termination and Remedies	Contracts: Termination and Remedies
6	Business Structures and E-Commerce	Contracts: Termination and Remedies
7	Vitiating Factors (Misinformation)	Business Structures and E-Commerce
8	Vitiating Factors (Abuse of Power)	Vitiating Factors (Misinformation)
	NO LECTURE – MID-SEMESTER BREAK	NO SEMINARS
9	Tort of Negligence	Vitiating Factors (Abuse of Power)
10	Tort of Negligence	Tort of Negligence
11	Unsafe Products	Tort of Negligence
12	Revision	Unsafe Products
	SWOT

None.

Assessment Task	Task Type	Length	Due	Weighting	Redeemable	Learning Outcome
Online Quiz	Individual	20 questions	10/9/2018	10%	No	1-2
Assignment	Individual	2000 words	21/9/2018	30%	Yes	1-4
Exam	Individual	2 hours	Exam Period	60% or 90%	No	1-2,5

Each piece of assessment is compulsory.

The assessment components are as follows:

1. Online Quiz (10%)

Release Date: The Online Quiz will be available from 9:00am on Monday 30 July 2018 to Monday 10 September 2018 respectively via the relevant link on MyUni.
Due Date: The Online Quiz must be completed by 9:00am on 10 September 2018.
Details: The 20 questions will be drawn from a larger bank of questions and randomised for each individual student. This Online Quiz will require students to answer 20-question multiple choice quizzes on the ×îÐÂÌÇÐÄVlogn legal system (Week 1) and business ×îÐÂÌÇÐÄVlog and e-commerce (Week 6) respectively. Students will only be permitted to attempt quiz once during the assessment window.

2. Assignment (30%) (word limits:2000 words)

Release Date: The Assignment will be released at 9:00am on Friday 24 August 2018.
Due Date: The Assignment must be submitted by 2:00pm on Friday 21 September 2018.
Details: This exercise will require students to answer a legal problem question addressing material taught in Weeks 2-5. The Assignment must be submitted via the Turnitin submission box on MyUni. Further instructions regarding the Assignment will be contained in the question paper. Each piece of assessment is compulsory. The assignment will be redeemable for submitted papers that receive a minimum of 20% mark.

3. Exam (60%)

Release Date: ×îÐÂÌÇÐÄVlog exam period (TBA).
Due Date: N/A
Details: The Exam will be two hours in duration, with all course material (with the exception of materials taught in Weeks 1 and 6) being potentially examinable. The exam will be open book. Further information regarding the Exam will be delivered to students closer to the date.

1. Students must retain a copy of all assignments submitted.
2. The assignment must be submitted via 'Turn-It-In' on MyUni. Details for electronic submission through Turnitin will be provided with the assignment instructions. By submitting your assignment you are agreeing to the following:
1. I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the . I have also read the ×îÐÂÌÇÐÄVlog's .
2. I give permission for my assessment work to be reproduced and submitted to other academic staff for the purposes of assessment and to be copied, submitted and retained in a form suitable for electronic checking of plagiarism.
3. Late Submission: Where an assignment is submitted after the due date and without an extension, penalties of 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay graded 63% will have 5% deducted if it is one hour late, for a final grade of 58%, 10% if it is 25 hours late, etc.  This penalty may be increased where the assignment is to be completed in a period of less than a week. 
4. Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (i.e. with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information, separate bibliography or list of sources. Quotations and all referencing information are included in the word count. If the word limit is seriously misstated, this may be regarded as academic dishonesty.
5. Extensions: Requests for extensions must be made via email to the course coordinator. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with ×îÐÂÌÇÐÄVlog Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

6. Style of written work: All written work in the Law school is required to comply with the approved Law School style guide, the ×îÐÂÌÇÐÄVlogn Guide to Legal Citation. However, on account of the fact that this topic is taught into the Business School and is not law-specific, Harvard or APA referencing will also be accepted.
7. Turnaround time: The assignment for this course will be returned to students within 3 weeks of the submission date. Written individual feedback will be provided on each paper.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the ×îÐÂÌÇÐÄVlog’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the ×îÐÂÌÇÐÄVlog’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the ×îÐÂÌÇÐÄVlog are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

The ×îÐÂÌÇÐÄVlog 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 ongoing engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as CEQ 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 ×îÐÂÌÇÐÄVlog to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy () course SELTs are mandated and must be conducted at least once every 2 years. 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 can be found at: .

Students will be encouraged to participate in the SELT survey, as an opportunity to provide feedback to the teaching staff in relation to the course.

 

Occupational Health and Safety Arrangements
The School is committed to upholding the ×îÐÂÌÇÐÄVlog’s Policy on Occupational Health and Safety (OH&S). All staff and students have a legal responsibility to act in the interests of themselves and others with respect to OH&S. To assist us, and to comply with your responsibilities, you are required to become informed about emergency evacuation procedures and the evacuation areas for the classes you attend.

Evacuation Procedures
Staff and students must leave the building via the fire stairs once the notice to evacuate has been given. The lifts should not be used. Those experiencing difficulties leaving the building should notify the floor warden. Staff and students may return to the building only after the Warden has granted permission.

Medical Emergencies & First Aid In a life threatening situation only- telephone 8303 5444.

Representatives and Officers
First Aid officers are trained to deal with first aid situations. School Safety Officers represent the Head of School in OH&S matters. The elected OH&S Representative can represent staff and students in OH&S issues.

Accident and Incident Reporting
OH&S legislation demands that all accidents and near-miss incidents be reported to the School Manager or Head of School. In the event of an accident or incident the person involved, and their supervisor, must complete an Accident/Incident Report and Investigation Form, within 48 hours of the accident/incident. A copy of the completed form is to be forwarded to the OH&S Safety Officer. Copies of the form are available from the OH&S Representative or Safety Officer.

Academic Honesty

Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the ×îÐÂÌÇÐÄVlog’s Academic Honesty Policy.

Academic dishonesty is a serious matter and is treated as such by the Law School and the ×îÐÂÌÇÐÄVlog. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South ×îÐÂÌÇÐÄVlog to admit a person to practice as a legal practitioner in South ×îÐÂÌÇÐÄVlog.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.