LAW 5201 Commercial Law

STAFFING:

OTHER-REQUISITES:

RATIONALE:

Law provides the framework within which commerce operates. An appreciation of the legal system and the judicial process is necessary for those involved in the commercial world. This applies particularly to accountants in that the law impacts on so many areas in which they must work.

SYNOPSIS:

This course is designed to introduce students to the impact of law on business. To do this it commences with a review of the components of the Australian legal system, the judicial process and the means by which disputes are resolved or litigated. Civil liability in contract law, negligence and other tortious actions are examined in some detail. Criminal law is also briefly covered as well as the law of agency.

OBJECTIVES:

Completion of this course should enable students to:

1. describe, explain, illustrate, and critique the Australian legal system;
2. describe, interpret, explain, demonstrate, and assess the role and application of precedent;
3. describe, interpret, explain and demonstrate the role and application of the rules of statutory interpretation;
4. describe, compare, evaluate and demonstrate knowledge of the processes of dispute resolution;
5. describe, interpret, explain, illustrate and assess the role and application of the criminal law; torts; the law of contract; and the law of agency;
6. provide appropriate illustrations of the principles of law dealt with in this course and the ability to apply those principles to factual scenarios;
7. illustrate an ability to communicate in a legal context.

TOPICS:

TEXT and MATERIALS required to be PURCHASED or accessed:

ALL textbooks and materials are available for purchase from USQ BOOKSHOP (unless otherwise stated). Orders may be placed via secure internet, free fax 1800642453, phone 07 46312742 (within Australia), or mail. Overseas students should fax +61 7 46311743, or phone +61 7 46312742. For costs, further details, and internet ordering, use the 'Textbook Search' facility at http://bookshop.usq.edu.au click 'Semester', then enter your 'Course Code' (no spaces).

Students may purchase a copy of the CD Rom 'Commercial law: much ado about something'. It covers contract law, consumer protection legislation and agency law. Available from the USQ Bookshop, PO Darling Heights, Toowoomba, Q, 4350.

A video 'Snakes in the greenhouse' which is incorporated into the CD Rom is also available for separate purchase from the USQ Bookshop, PO Darling Heights, Toowoomba, Q, 4350.

The study package for this course is available in CD format ONLY. All students are expected to have access to an IBM or equivalent computer. Details of computer requirements for the Faculty of Business can be found at the URL: http://www.usq.edu.au/handbook/current/busgeninfo.html.

REFERENCE MATERIALS:

LATEST EDITIONS OF THESE TEXTS ARE RECOMMENDED.

STUDENT WORKLOAD REQUIREMENTS:

ASSESSMENT DETAILS:

NOTES:

1.

Students are required to complete each online test by the due date. Each online test will be available from the USQConnect Study Desk. Students will not be permitted to attempt any online test after its respective due date.

2.

The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date for Exam (Parts A and B) after the timetable has been finalised. The total working time for Exam (Parts A and B) is 2 hours.

IMPORTANT ASSESSMENT INFORMATION

1. Attendance requirements:
   If you are an international student in Australia, you are advised to attend all classes at your campus. For all other students, there are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
2. Requirements for students to complete each assessment item satisfactorily:
   (i) Students must submit a written assignment that represents a reasonable attempt as determined by the Examiner. (ii) Students must obtain at least 50% of the marks available for the examination.
3. Penalties for late submission of required work:
   If students submit assignments after the due date without prior approval then a penalty of 20% of the total marks gained by the student for the assignment will apply for each working day late.
4. Requirements for student to be awarded a passing grade in the course:
   To be assured of receiving a passing grade a student must submit a reasonable attempt in the written assignment, achieve at least 50% in the examination and achieve an aggregated mark of at least 50% of the available weighted marks for the summative assessment items.
5. Method used to combine assessment results to attain final grade:
   The final grades for students will be assigned on the basis of the weighted aggregate of the marks obtained for the summative assessment items in the course.
6. Examination information:
   This is a restricted examination. Candidates are allowed access to specific materials during the examination. The only materials that candidates may use in the examination for this course are (i) written materials (non-electronic) such as textbooks and personal study notes; and (ii) translation dictionaries (non-electronic).
7. Examination period when Deferred/Supplementary examinations will be held:
   Any Deferred or Supplementary examinations for this course will be held during the next examination period.
8. University Regulations:
   Students should read USQ Regulations 5.1 Definitions, 5.6. Assessment, and 5.10 Academic Misconduct for further information and to avoid actions which might contravene University Regulations. These regulations can be found at the URL http://www.usq.edu.au/corporateservices/calendar/part5.htm. Students should also read the Faculty of Business Guide to Policies and Procedures of the Faculty which can be found at the URL http://www.usq.edu.au/handbook/current/buspolproc.html.

ASSESSMENT NOTES

OTHER REQUIREMENTS:

1. Learning Resources: Prescribed text and materials (see above); recommended reference materials (see above); printed Course Planner; CD (compact disc); and course Website accessible via USQConnect.