79018 Advanced 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): 79203 Business Law and Ethics OR 70110 Introduction to Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This is a valuable elective for any business student, especially those working in or wishing to work in a business environment involving interaction with legal advisers and with managers mindful of their legal obligations.
An initial practical focus in this subject is to refresh and enhance students knowledge of contracts and some other areas impacting upon business which were relatively briefly covered in the requisite subject.
The rest of the subject is intended to develop knowledge and understanding of areas of law relevant to the modern business environment, such as sale of goods, consumer protection, agency and negotiable instruments.
Students are expected to develop sufficient working understanding of the areas of law to which they are introduced to be able relevantly to advise in the resolution of problems and the planning of strategies.
Aside from the requisite, no other expertise is required; all necessary concepts and terms are explored in the classroom. Students are therefore encouraged to ask questions whenever the territory seems unfamiliar: discussion in class greatly facilitates individual learning, not only by students but also by the lecturer.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand and evaluate key concepts in the law of contract and in selected areas of commercial law; |
|---|---|
| 2. | understand and be able to apply fundamental legal principle, whether in statute or in case law, both in the law of contract and in selected areas of commercial law; |
| 3. | practise and enhance certain generic skills and attributes. |
Teaching and learning strategies
As part of your learning experience I encourage you to read the financial press daily – or as often as possible. Probably the best overall coverage is in The Australian Financial Review. The business pages of The Sydney Morning Herald and The Australian are also highly recommended. Doing this will help you to understand the background to this subject and also to see relevant current developments. I shall be keeping my own clipping file throughout the semester, about which I shall talk from time to time, and encourage you to do the same.
Strategy 1: Study of and reflection upon assigned readings before class.
Strategy 2: Exploration and discussion of assigned readings and related ideas in class. This will be encouraged and evaluated by assessing class participation (although the mark will be utilised in calculating the final result only if it assists).
Strategy 3: Development of individual research skills and skills of expression through completion of a research assignment.
Strategy 4: Encouragement of analytical skills through class discussion and preparation for and completion of an in-class test and a take-home examination.
Lecture Format
Readings will be assigned before each class. As appropriate, problems will also be distributed for discussion. All students will be encouraged to join in discussion which will be led by the lecturer.
Tutorial Format
There are no separate tutorials in this subject
Lecture Recording
Audio or visual recording of classes for this subject is strictly prohibited unless written approval is sought and given in advance by the Subject Coordinator. Approval for audio or visual recording will usually be limited to medical or hardship reasons, and if approved, must be arranged by the student.
Students may only use the audio or visual recording for private study purposes and (to avoid any legal action) permission must be obtained from the Subject Coordinator for any other usage. Given the inter-active nature of classes, any student who does not wish to be audio-taped must advise the Subject Coordinator in advance otherwise permission from students is assumed.
Audio-tapes from AVS
Arrangements may be in place for lectures to be recorded, and tapes made available for purchase from the UTS Audio Visual Services in CM05D.01.01 (at the entrance past the “Art of Food” café) on the Haymarket Campus, Quay Street. Check with your Subject Coordinator if and which arrangement is in place for this subject.
Please also note that no responsibility is taken for the quality or reliability of this taping service and that no Special Consideration applications will be considered in relation to problems experienced by students using this taping service. Students may only use these audio-tapes for private student purposes (and to avoid legal action) permission must be obtained from the Subject Coordinator for any other usage.
Recorded Lectures on UTSOnline
Arrangements may be in place for lecture recordings to be made available for download from UTSOnline. Check with your Subject Coordinator if and which arrangement is in place for your subject.
Please also note that no responsibility is taken for the quality or reliability of this taping service and that no Special Consideration applications will be considered in relation to problems experienced by students using this taping service. Students may only use these audio-tapes for private student purposes (and to avoid legal action) permission must be obtained from the Subject Coordinator for any other usage.
Content (topics)
For information week by week on topics, readings and related assessment, see 'Program'
Assessment
Assessment task 1: Class Participation
| Weight: | 0 or 20% |
|---|
Assessment task 2: Research Assignment
| Weight: | 30% or 25% |
|---|---|
| Length: | 1,000 words |
Assessment task 3: 'In-class' Test
| Weight: | 30% or 25% |
|---|
Assessment task 4: Take-home Examination
| Weight: | 40% or 30% |
|---|---|
| Length: | 1,500 words |
Required texts
The prescribed text is Turner C, Australian Commercial Law, 30th edn, Thomson Reuters (Lawbook Co) 2015.
Copies of statutory provisions referred to in class may be obtained by downloading from Austlii (www.austlii.edu.au/databases.html).
Other resources
General
- Gibson A and Fraser D, Business Law, 6th edn, Pearson Australia 2014
- Goode R M, Commercial Law, 4th edn, LexisNexis 2009
- Latimer P, Australian Business Law, CCH Australia 2016
- Pentony B, Understanding Business Law, 6th edn, LexisNexis Butterworths 2012
- Sweeney B, Law in Commerce, 5th edn, LexisNexis Butterworths 2013
- Vermeesch R B and Lindgren K E, Business Law of Australia, 12th edn, LexisNexis Butterworths 2011
Specific
- Bruce A, Australian Competition Law, 2nd edn, LexisNexus Butterworths 2013
- Graw S, An Introduction to the Law of Contract, 7th edn, Thomson Reuters (Lawbook) 2011
- Khoury D, Understanding Contract Law, 8th edn, LexisNexis Butterworths 2009
- Tong R, Sale of Goods, 3rd edn, LBC Information Services (LBC Nutshell) 2000
Useful Websites
- www.lawportal.nsw.gov.au www.accc.gov.au www.cch.com.au
- Many of the Australian primary sources – legislation and decided cases - can be located on www.austlii.edu.au
- The sites of leading law firms are also worth investigation. For starters: www.aar.com.au
UTS Library
The UTS Library has a wide range of services and resources that you will find useful, including law reports, law journals, textbooks, and access to online resources www.lib.uts.edu.au.
Relevant materials in this subject may also be available on Closed Reserve, which is a special borrowing service that allows you to use the material for two hours or overnight, to ensure the materials are available to many students. Materials on closed reserve are listed in the library catalogue by subject details and Subject Coordinator. Contact the Law Librarian on (02) 9514 3341 for further information or assistance.
Learning Skills
The BELL (Becoming an Effective Lifelong Learner) website provides information, self-testing and links to help you develop your learning skills. Visit the BELL website www.bell.uts.edu.au.
UTS Rules
Students are instructed to read the Rules of the University, especially in relation to the course they are enrolled in. The Rules are published in the UTS Calendar, and can be accessed at the UTS Library or on the UTS website at www.gsu.uts.edu.au/rules/index.html.
It is the responsibility of the student to ensure that all course requirements are met. Staff at the Student Centre Haymarket is available to answer any inquiries you may have; and can be contacted by phone on (02) 9514 3500 or online via Ask UTS www.ask.uts.edu.au.
UTS Student Centre
Staff at the Student Centre, Quay Street, Haymarket will provide general student administration related information and advice to students, as well as specific administration services for Faculties of Law and Business students.
Students with inquiries and/or wishing to query the progress of administrative applications should contact the Student Centre, Quay Street, Haymarket directly, online via Ask UTS www.ask.uts.edu.au or by phone on 9514 3500.
Law Reception
Staff at Law Reception, Level 3, cannot assist with course or student administration-related inquiries, but will happily assist with:
- submission and collection of Law assignments
- collection of course materials for the current semester
- submission of applications for Request for Extension
Location and opening hours for Law Reception is available from the Faculty of Law website at www.law.uts.edu.au/contactus/index.html.
