79708 Contemporary Business 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 2021 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
There are course requisites for this subject. See access conditions.
Description
This subject provides students with an understanding of the Australian legal system and law-making process. Students first explore the laws of property, torts and contract to develop a framework for understanding subsequent business law topics. Areas of law that are of practical relevance to business are then explored such as commercial contracts and trade practices legislation, consumer protection, business structures, competition law, insolvency, and intellectual property. A focus on recent developments in these areas ensures that students can apply their knowledge of emerging trends in business law on completion of this subject.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Apply a coherent knowledge of Australia’s legal system and the law-making process; |
|---|---|
| 2. | Identify the relevance and impact of law on the business community; |
| 3. | Identify and apply Australian business law; |
| 4. | Investigate contemporary issues from a legal, business and personal perspective; and |
| 5. | Speak and write in a logical, succinct and persuasive manner as individuals and in groups. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including:
* The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
* The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
* The principles and values of justice and ethical practices in lawyers’ roles;
* The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
* Contemporary developments in law and its professional practice. (1.1) - Research Skills
Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
* Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
* Apply ethical research practices. (4.1) - Communication
Well-developed professional and appropriate communication skills including:
* Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
* An ability to inform, analyse, report and persuade;
* An ability to strategically select an appropriate medium and message;
* A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
* An ability to respond respectfully. (5.1)
Teaching and learning strategies
Strategy 1: Preparation for class.
Students familiarise themselves with the substantive law to be covered in the seminars before each class, by reading and reflecting on the prescribed reading. The preparatory readings and proposed timetable for classes is available on CANVAS. This is an essential learning strategy for this subject. Students are also encouraged to bring to class a recent business-related article from the web or a newspaper demonstrating some legal issue. Preparation for class enables students to develop knowledge that forms the basis of their participation in seminars as well as small group collaborative discussions.
Strategy 2: Consolidating Learning in Seminars
The subject will be taught through a series of interactive seminars. During class, students will discuss concepts and ideas that have been raised by the readings and their responses to prepared questions as a class and in small group collaborative discussions. Students may also present business-related articles in class to discuss the legal implications. In addition, students undertake readings to consolidate their learning. Reading and discussing the weekly prescribed readings helps all students to understood business law concepts and how the law applies to Australian businesses.
Strategy 3: Individual and Collaborative Research
Students research a topic relating to law and business in groups and present their findings to the class. Participating in group research and presentations provides students with an opportunity to integrate the learning from their preparation for interactive seminars and the research conducted for their presentation. By drawing on their preparation in this way students further test and develop their knowledge of business law together with their research skills and capacity to collaborate. Students also develop skills in presentation and communication as they present their group research, raise questions, contribute their observations and respond to their peers. In this way, students develop and test their learning while also obtaining feedback from their teacher and peers (see Feedback below). Students also present their individual research in an individual report.
Strategy 4: Feedback
Both formal and informal feedback will be provided throughout the session. Feedback comes from a variety of sources including: from peers in the class who respond to a student’s contribution in the class or on CANVAS; from the teacher in response to a student’s questions in class, presentations and written assignments; and from personal reflection. Students have an opportunity to test their understanding of the readings completed in preparation for the seminar by asking questions or contributing their observations. In this way, the teacher will address and explore students’ understanding and respond to students’ questions and observations while also providing feedback on students’ developing understanding. Formal feedback is offered on students’ case notes, seminar presentations and research essays providing an opportunity for students to implement suggestions in subsequent assessment tasks.
Subject Delivery
Teaching method for Weekly mode
The subject will be delivered by way of, a weekly recorded lecture/podcast and a zoom tutorial/ seminar session.
The weekly recorded lecture will be available to students prior to the seminar/workshops. Students are expected to listen to the recorded lecture prior to attending the weekly seminar/workshop.
Seminar/tutorial groups will be delivered wholly online for all of Spring session. Each session will comprise a workshop of 90 minutes duration.
Teaching method for block mode
The weekly recorded lecture will be available to students prior to the seminar/workshops. Students are expected to listen to the recorded lecture prior to attending the seminar/workshop.
The seminar/workshops will be delivered online via Zoom.
Content (topics)
- Introduction to the Australian legal system. Distinction between law, ethics and morality.
- The development of the common law in Australia. The court system and the participants in legal proceedings.
- The law-making process. The role of parliament. How laws are made by parliament.
- Business Structures; sole; traders; partnerships; trusts and companies.
- Directors duties pursuant to the Corporations Law and the general law.
- Insolvency; corporate and personal.
- Torts; negligence and negligent misstatement.
- Contracts Part 1; formation; terms and discharge of contracts.
- Contracts Part 2; remedies and vitiating factors.
- Australian Consumer Law; misleading or deceptive conduct; unfair contracts; unconscionable contracts and the role of the Australian Competition and Consumer Commission.
- Australian Competition Law; Anti-competitive practices and Authorizations and notifications.
- Compliance and risk when conducting a business
Assessment
Assessment task 1: Quiz
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.1 |
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| Weight: | 10% |
| Length: | 40 minutes including reading time. 500 words (equivalent) |
| Criteria: |
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Assessment task 2: Research Paper
| Objective(s): | This task addresses the following subject learning objectives: 4 This task contributes specifically to the development of the following graduate attributes: 5.1 |
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| Weight: | 20% |
| Length: | Research assingment: 1,500 -1,800 words. |
| Criteria: |
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Assessment task 3: Class attendance and participation in seminars
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 1.1, 4.1 and 5.1 |
|---|---|
| Weight: | 20% |
| Criteria: | Students will be assessed on class attendance 5% of total mark and participation in seminars which includes preparation and presentation of answers to seminar questions, working in allocated groups to discuss and consider seminar materials, 15 %. |
Assessment task 4: Final Exam
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.1 and 5.1 |
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| Weight: | 50% |
| Length: | 2,500 words |
| Criteria: |
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Required texts
- Andrew Terry and Des Giugni; Business and the Law, 7th Edition, Thomson Reuters
- To aquire the text direct from the publisher;
- Thomson Reuters; https://www.legal.thomsonreuters.com.au/student/
- promo code: UNIS15
- UTS Specific site:
- https://legal.thompsonreuters.com.au/student/uniersity/uts
- Other text book suppliers:
- Booktopia; https://www.booktopia.com.au
- Zookal: https://www.zookal.com.au
- The session notes provided during the subject will be accessible on CANVAS.
Recommended texts
Note: Students are not expected to read all these references. They are available for research topics or some students may find them easier or provide more depth.
- Andy gibson, Business Law 10th Edition, Pearson
- Paul Latimer, Australian Business Law, Oxford University Press, latest edition
- Turner, Australian Commercial Law, Law Book Co, latest edition
- Davenport and Parker, Business & Law in Australia, Thomson Reuters, latest edition
- Vermeesch and Lindgren's Business Law of Australia - LexisNexus latest edition
- John Taggart, Mark Squire & Penelope McCann, Contemporary Business Law - TK Tekniks Publications Pty Ltd
Students’ attention will be drawn to a number of useful websites throughout the course
References
- Law Handbook www.handbook.uts.edu.au/law/index.html
- Law Webpage www.law.uts.edu.au/
- Student Admin Unit www.sau.uts.edu.au
- Student Centres www.uts.edu.au/students/centres.html
- UTS Policies www.gsu.uts.edu.au/policies/index.html
Other resources
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 Co-ordinator.
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 web site www.bell.uts.edu.au.
CANVAS
This subject has a CANVAS site (https://canvas.uts.edu.au/). The site may include announcements made in seminars, copies of seminar overheads/slides, and clarification of administrative and assignment matters. It is the responsibility of students to ensure they are registered on CANVAS for this subject, and regularly check CANVAS for announcements.