LAW 5504 Comparative Law and Business

Subject Cat-nbr Class Term Mode Description Units Campus
LAW 5504 54965 2, 2006 ONC Comparative Law and Business 1.00 Toowoomba
Academic group: FOBUS
Academic org: FOB010
Student contribution band: 3
ASCED code: 090900

Contents


STAFFING:

Examiner: Anthony Gray
Moderator: Pauline Collins



OTHER-REQUISITES:

Pre-requisite: Enrolment in a postgraduate program

RATIONALE:

It is essential that all business people have some awareness of the legal regulatory environment in which they operate. Globalisation has created the need for business people in one jurisdiction to have some awareness of different legal cultures and systems in other countries, in order to conduct transactions and business effectively with organisations worldwide.

SYNOPSIS:

Students will gain an overview of similarities and differences between selected legal systems, in so far as these impact on business transactions. Particular issues to be discussed include the law of contracts, business structures and legal liability in a variety of legal systems.

OBJECTIVES:

The course objectives define the student learning outcomes for a course. The assessment item(s) that may be used to assess student achievement of an objective are shown in parentheses after each objective. On successful completion of this course, students should be able to:

  1. have a basic understanding of the Australian legal system and how it functions (Assignment, Examination)
  2. have some understanding of the main similarities and differences between the Australian legal system and other selected legal systems (Assignment, Examination)
  3. acquire some detailed knowledge of significant areas of business law in Australia and other countries (Assignment, Examination)
  4. understand how the law of different countries may apply to an international business transaction, and the implications of this for conducting business (Assignment, Examination).

TOPICS:


Description Weighting (%)
1. Introduction to Comparative Law
 20.00
2. Issues in Comparative Law
 5.00
3. Regulation of Obligations - Part I Contracts
 30.00
4. Regulation of Obligations - Part II Compensation for Loss
 15.00
5. Regulation of Business Organisations
 20.00
6. Regulation of Property
 10.00

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).

LAW5504 study package available from the USQ Bookshop.




REFERENCE MATERIALS:

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.

Crosling, GM & Murphy, HM 2000, How to study business law: reading, writing and exams, 3rd edn, Butterworths, Sydney, New south Wales.

De Cruz, P 2004, Comparative law in a changing world, 3rd edn, Cavendish Publishing, London.

Ebke, W & Finkin, M 1996, Introduction to German law, Kluwer Law International, The Hague.

Guiguo, W & Mo, J 1999, Chinese law, Kluwer Law International, The Hague.

Pentony, B, Graw, S, Lennard, J & Parker, D 2003, Understanding business law, 3rd edn, LexisNexis Butterworths, Sydney, New South Wales.

Vermeesch, RB & Lindgren, KE 2005, Business law of Australia, 11th edn, LexisNexis/Butterworths, Chatswood, New South Wales.

Zweigert, K & Kotz, H 1998, Introduction to comparative law, 3rd edn, Clarendon Press, Oxford, UK.
(revised edition)

STUDENT WORKLOAD REQUIREMENTS:

ACTIVITY HOURS
Assessment 17.00
Directed Study 84.00
Private Study 64.00


ASSESSMENT DETAILS:

Description Marks out of Wtg(%) Due date
ASSIGNMENT 50.00 50.00 22 Sep 2006
2 HOUR EXAMINATION 50.00 50.00 END S2 (see note 1)
NOTES:
1.
The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.

IMPORTANT ASSESSMENT INFORMATION

  1. Attendance requirements:
    It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and 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:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
  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 make a reasonable attempt in all of the weighted assessment items, achieve at least 50% in the examination, and at least 50% of the total weighted marks available for the course.
  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.
  6. Examination information:
    This is an open examination. Candidates may have access to any material during the examination except electronic communication devices.
  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

1. Assignments: (i) Assignments must be submitted in the drop box located at the Faculty of Business reception area on level 4 of L-Block by 5:00PM on the due date. (ii) Students must retain a copy of each assignment submitted for assessment. This must be produced within 24 hours if required by the Examiner. (iii) In accordance with University's Assignment Extension Policy (Regulation 5.6.1), the Examiner may grant an extension of the due date of an assignment in extenuating circumstances. If students submit assignments after the due date and wish to claim extenuating circumstances then they shall provide validated documentary evidence with the assignment, explaining the circumstances. The Examiner shall consider the statement accompanying a late assignment and decide on the outcome. (iv) Assignments are to be submitted with the appropriate assignment cover. (v) The Examiner will normally only accept assessments that have been written, typed or printed on paper-based media. (vi) Students who do not have regular access to postal services or who are otherwise disadvantaged by these regulations may be given special consideration. They should contact the Examiner to negotiate such special arrangements. (vii) In the event that a due date for an assignment falls on a local public holiday in their area, such as a Show holiday, the due date for the assignment will be the next day. Students are to note on the assignment cover the date of the public holiday for the Examiner's convenience.
2. Course weightings: Course weightings of topics should not be interpreted as applying to the number of marks allocated to questions testing those topics in an examination paper. The examination may test material already tested in assignments.
3. Dishonest actions: (i) Any student who is alleged to have performed a dishonest action relating to any assessment in the course will have a course of action taken against him/her as outlined in the Academic Regulations. (ii) Pieces of assessment should be the work of individual students. Joint pieces of assessment are not permitted unless written approval has been obtained from the Examiner. (iii) Dishonest action in relation to assessment includes: copying or attempting to copy the work of others; use of or attempting to use information prohibited from use in that form of assessment; submitting the work of another as your own; consciously committing acts of plagiarism, that is, taking and using another's thoughts or writings as one's own with intent to deceive, which occurs when paragraphs, sentences, a single sentence or significant parts of a sentence which are copied directly, are not enclosed in quotation marks and appropriately footnoted or referenced in the text; direct quotations are not used, but text is paraphrased or summarised, and the source of the material is not acknowledged by footnoting or other reference in the text.
4. Deferred work: Students who, for medical, family/personal, or employment-related reasons, are unable to complete an assignment or to sit for an examination at the scheduled time may apply to defer an assessment in a course. Such a request must be accompanied by appropriate supporting documentation. One of the following temporary grades may be awarded IDS (Incomplete - Deferred Examination); IDM (Incomplete Deferred Make-up); IDB (Incomplete - Both Deferred Examination and Deferred Make-up).

OTHER REQUIREMENTS:

  1. Learning resources: Prescribed texts and materials (see above); recommended reference materials (see above); printed Introductory Book*, Study Book/s*, and Book/s of Selected Readings*; and course Website accessible via USQConnect. *part of the USQ study package available from the USQ Bookshop
  2. It is expected by the Examiner that all students in this course will have Internet access, and can access materials on the course home page, as well as the course discussion group.