70327 Commercial Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70211 Contracts AND 70311c Torts
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
Anti-requisite(s): 70318 Personal Property
Description
In this subject students develop an understanding of commercial law. They examine concepts of personal property relevant to commercial law including concepts relating to possession, title and security interests in personal property. Commercial law covers transactions involving personal property including sales or leases, which may also be financed by borrowing. The subject also examines the application of specific legislation relating to sale of goods, security interests in personal property and consumer protection. Student statutory interpretation skills are reinforced through examination of relevant legislation. The subject also examines how international aspects of transactions are dealt with in domestic and international law.
This subject is taught from a student-centred perspective, with an emphasis on statutory interpretation and case analysis, which may involve lectures, seminars and online learning activities. Reading and discussion are focused on Australian law and cases.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Understand and apply the law relating to commercial transactions with a particular focus on personal property transactions and related concepts of finance law. |
|---|---|
| 2. | Apply statutory interpretation skills developed in earlier subjects to navigate, interpret and apply specific legislation to solve legal problems. |
| 3. | Critically analyse how the law may affect common commercial transactions and make reasoned choices amongst alternatives. This may require students to undertake independent research and reading to better understand how common commercial transactions work. |
| 4. | Develop a logical and justifiable argument as to how legislation affects common commercial transactions involving personal property. |
| 5. | Respond to feedback effectively and demonstrate improvement in applying effective statutory interpretation skills and techniques. |
| 6. | Accurately assess their capabilities, wellbeing and performance by undertaking and initiating self-directed work and learning, including identifying gaps in their own knowledge and skills and determine how best to eliminate those gaps. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Self management
The ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change. (6.0)
Contribution to the development of graduate attributes
This subject targets the following Graduate Attributes:
- GA1: Legal knowledge
- GA3: Critical analysis and evaluation
- GA6: Self-management
Teaching and learning strategies
Strategy 1: (preparation) Through completion of readings before class (as outlined in the seminar guide on UTSOnline), by listening to podcasts and watching vodcasts (loaded onto UTSOnline) prior to class, students will develop knowledge of key concepts and develop skills in statutory interpretation that they will then practice and develop further in seminars.
Students will need to complete a range of tasks in preparation for seminar classes:
A weekly podcast(s) recording made available on UTSOnline to students at least 1 week prior to face to face seminars. Students must listen carefully to the podcast(s) before attending the seminar.
A practice online quiz before some seminars, and/or view audiovisual material before seminars
Prescribed readings (as set out in the program below) and attempt the seminar questions (as listed in the Seminar Guide on UTSOnline) before each seminar.
Strategy 2: (collaborative activities) Through solving a series of problems in seminars (as set out in the Seminar Guide on UTSOnline), which involves reading, interpreting and applying legislation, students will develop and improve skills in critical legal analysis and statutory interpretation which forms a core part of professional legal practice.
The seminars will include a range of authentic learning opportunities such as providing written advice to clients, team discussions and debates and practice problems involving navigating, explaining and applying complex statutory provisions.
Students will be assessed on their knowledge and skills through class participation marks and will receive feedback on their performance regularly during seminars by peer feedback and discussions with the seminar leader starting in the first seminar in week 2.
Strategy 3: (case study analysis) Students will learn about commercial transactions and will apply their statutory interpretation skills by reference to a case study (available on UTSOnline) that will develop over the semester. The case study follows the development and expansion of a business and considers many common commercial transactions that involve the application of commercial law principles. The case study will be discussed in seminars. The case study will require students to assess their own understanding of commercial transactions and they will need to review online materials and further reading (as provided on UTSOnline) to eliminate gaps in their knowledge. This supports the achievement of the self-management graduate attribute.
Strategy 4: (statutory interpretation) The assessment in the subject is centered on developing and enhancing skills in statutory interpretation. There are two statutory interpretation assignments, with an early low-risk assignment designed to provide early feedback to assist students to further enhance their statutory interpretation skills that will be applied in the major statutory interpretation assignment and in the exam. Students will receive regular feedback on their statutory interpretation skills by completing the problem questions in the seminar guide and reviewing their answers in class, both through peer feedback and in discussion with the tutor. Students will need to practise their statutory interpretation skills outside of the classroom by attempting seminar questions and sample assignment questions which will then be discussed during seminars which will also give students further opportunities to give and receive feedback on their technique. This supports the achievement of the self-management graduate attribute
Subject Delivery
The subject will comprise weekly seminars of three hours(including one hour lecture and two-hour seminar discussion) plus a series of pre-seminar podcasts, vodcasts and online and hard copy readings.
Seminars for this subject commence in Week 2. Students are expected to remain in their seminar groups for the duration of the semester.
The timetabled activities for this subject can be found on the UTS timetable online at http://timetable.uts.edu.au. Students enrolled in this subject can view their personalised timetable in My Subject Activities online at https://mysubjects.uts.edu.au.
Content (topics)
- Introduction to concepts of Personal property (possession and title);
- Sale of Goods Act;
- Introduction to the Australian Consumer law
- Financing sales of goods (leasing and hire purchase/bailment);
- Personal property securities under the Personal Property Securities Act;
- Private international law (including digital issues)
- International Sale of Goods
Assessment
Assessment task 1: Class Participation
| Intent: | This assessment targets:
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 6.0 |
| Weight: | 10% |
| Criteria: |
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Assessment task 2: Short statutory interpretation assignment
| Intent: | This assessment targets:
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|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 6.0 |
| Weight: | 10% |
| Length: | 1000 words not including footnotes. This is a maximum word limit and no 10% leeway applies. Footnotes should only be used for references. Any content apart from references in footnotes will not be marked. |
| Criteria: |
NOTE: The assignment feedback sheet used by markers is available on UTS Online. It is strongly recommended that you look at this document before you write your assignment and familiarise yourself with the standards that coincide with the above criteria. |
Assessment task 3: Statutory Interpretation Assignment
| Intent: | This assessment targets:
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|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 6.0 |
| Weight: | 30% |
| Length: | 1500 words not including footnotes. This is a maximum word limit and no 10% leeway applies. Footnotes should only be used for references. Any content apart from references in footnotes will not be marked. |
| Criteria: |
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Assessment task 4: Open Book Exam - (2 Hour)
| Intent: | This assessment targets:
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|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 6.0 |
| Weight: | 50% |
| Length: | Duration: 2 hours plus 10 minutes reading time. |
| Criteria: |
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Required texts
Dilan Thampapillai, Claudio Bozzi, Vivi Tan and Anne Matthew, Australian Commercial Law (Cambridge University Press, 2015).
It can be purchased from The Co-op - UTS.
Note: Textbooks from previous years are redundant and you should not purchase these.
Recommended texts
There are a range of books available in the library on topics covered in this course which you may choose to read to enhance your understanding of the contents of this course:
Beatty, Annotated National Credit Code, LexisNexis, 2014
Bridge, Gullifer, McMeel and Worthington, The Law of Personal Property, Sweet and Maxwell, 2013
Bridge, International Sale of Goods: Law and Practice, Oxford University Press, 2013
Bridge, Benjamin’s Sale of Goods, Sweet and Maxwell, 2010
Bruce, Consumer Protection in Australia, LexisNexis, 2013
Coorey, Australian Consumer Law, LexisNexis, 2014
Corones, The Australian Consumer Law, 2015
Cseti and Wardell, Understanding Personal Property Securities Law, CCH Australia, 2013
Fawcett, International Sale of Goods in the Conflicts of Laws, Oxford University Press, 2005
Harris and Mirzai, Annotated Personal Property Securities Act 2009, CCH Australia, 2014
Lindgren, Business Law of Australia, LexisNexis Australia (online service, available through library databases)
McKendrick, Goode on Commercial Law, Penguin, 2010
Meehan, The PPS Guide, Edwin Books, 2011
Other resources
Podcasts and Vodcasts
There are a series of vodcasts and podcasts used as a key component to this course. These will be accessible via UTSOnline. You are required to listen and watch all of these. Some of these you are required to listen to or watch before or after particular seminars. Please see the program in this guide to see when you should listen to and watch these.
Lecture slides
Where used by individual seminar leaders, lecture slides will be made available on UTSOnline. At the latest these will be posted to UTSOnline at the same week as seminars. Where possible these may be posted before this.
