Year No. Offer Mode Description Cred. Pts 98 52005 S2 X COMMERCIAL LAW 1.00
ENROLMENT IN MASTER OF PROFESSIONAL ACCOUNTING
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.
In order to introduce students to the impact of law on commerce, the unit looks initially at the Australian legal system and the judicial process - the way in which legal decisions are made. It then covers in some detail relevant substantive areas such as contract, agency, consumer protection and bankruptcy.
Successful completion of this unit should enable students to:
Description Weighting(%)
- The Australian Legal System 5.00
- Dispute Resolution and the Judicial Process 5.00
- Contract 40.00
- Principal and Agent 10.00
- Consumer Protection 15.00
- Bankruptcy 15.00
- Professional Liability 10.00
Turner, `Australian Commerical Law', LBC Information Services.
(Students should obtain the most recent edition of the above texts.)
USQ IRC Call numbers are included where relevant.
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.
A video `Snakes in the Greenhouse', which is incorporated into the
CD Rom is also available for separate purchase.
Both of these are available from the USQ Bookshop, PO Darling Heights,
Toowoomba, Q, 4350.
Carter J W, `An Outline of Contract Law', Butterworths: Sydney,
346.9402 CAR.
Derham, Maher & Waller, `An Introduction to Law', Law Book Co:
Sydney, 340 MAH.
Enright C, `Studying Law', Branxton Press: Sydney, 349.94 ENR.
Fleming J G, `The Law of Torts', Law Book Co: Sydney, 346.03 FLE.
Gillies P, `Business Law', The Federation Press: Sydney. 346.9407 GK
Goldring, Maher & McKeough, `Consumer Protection Law', Federation
Press, 343.94071 GOL.
Graw S, `An introduction to the Law of Contract', The Law Book
Company, 346.940682 GRA.
Krever R, `Mastering Law Studies & Law Exam Technique',
Butterworths: Sydney, 340.076 KRE.
Latimer P, `Australian Business Law', CCH: Sydney, 346.9407 LAT.
Lewis, `Australian Bankruptcy Law', Law Book Co: Sydney. 346.94078
LEW.
Lindgren K E, Carter J W & Harland D J, `Contract Law in Australia',
Butterworths: Sydney, 346.9402 LIN.
Masel, `Professional Negligence of Lawyers, Accountants, Bankers and
Brokers', CCH. 346.94032 MAS
Miller R, `Annotated Trade Practices Act', The Law Book Company,
343.9407 AUS.
Morris G, Cook C, Creyke R, Geddes R, `Laying Down the Law',
Butterworths, 340.07209 LAY.
Pentony B, Graw S, Lennard J, Parker D, `Understanding Business
Law', Butterworths, 346.9407 UND.
Smith M D H & Pose K S, `Maher Waller & Derham `Legal Process:
Commentary and Materials', Law Book Co: Sydney, 349.94 MAH.
Starke J G, Seddon N C & Ellinghaus M P, `Cheshire & Fifoot's Law of
Contract', Butterworths: Sydney, 346.94022 CHE.
Sutton, `Sales and Consumer Law in Australia and New Zealand', The
Law Book Company, 346.94072 SUT.
Vermeesch & Lindgren, `Business Law of Australia', Butterworths,
Sydney, 346.9407VER
The latest editions of the above texts are recommended.
(Further recommended references are listed at the end of each module
in the study book.
ACTIVITY HOURS Directed Study 84 Private Study 64 Assessments 17
No *F/S Marks Due Description Wtg(%) LBL WWW 1 S 30.00 18/09/98 ASSIGNMENT I 30.00 Y N 2 S 20.00 END S2 END S2 PART A (MULTI CHOICE) EXAM 20.00 N N 3 S 50.00 END S2 EXAMINATION END S2 PART B & C (THEORY) E 50.00 N N
1 TO GAIN A PASSING GRADE IN THE UNIT A STUDENT MUST: a) obtain a
passing mark in aggregate for the unit's assessment items, AND b)
obtain a passing mark in the formal exam. c) submit genuine
attempts for the following MANDATORY items of assessment
ASSIGNMENT 1
2 Students must retain a copy of all pieces of assessment which
must be produced if/when required by the lecturer.
3 LATE ASSIGNMENTS
3.1 All assessments submitted after the due date (and not approved
for extension) in accordance with university policy will be
penalised 20% per working day.
3.2 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.
3.3 The unit examiner shall consider the statement accompanying a
late assignment and decide on the outcome.
4 Assignments must be submitted in the appropriate assignment
folders.
5 DISHONEST ACTIONS
5.1 Any student who is alleged to have performed a dishonest action
relating to any assessment in the unit will have a course of
action taken against him/her as outlined in the Academic
Regulations. (Regulation 5.8 (21)).
5.2 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 unit leader.
5.3 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, ie 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 and when 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.
6 DEFERRED EXAMINATIONS
6.1 Deferred examinations will be granted at the Dean's discretion in
the case of medical or compassionate circumstances having regard
to item 1. If a deferred examination has been granted students
shall normally sit the deferred examination in the semester in
which the unit is offered, BUT NO LATER THAN THE NEXT SEMESTER 3
EXAMINATION PERIOD. If, for whatever reason, this deferred
examination is not taken then the student will be graded `F'.
6.2 Medical evidence on the appropriate University of Southern
Queensland medical certificate or doctor's certificate must be
received by the Faculty Administrator no later than twenty-one
(21) days after examination date. A medical certificate must be
dated with the same date as the period of illness for which the
absence from examination is being sought and clearly indicate the
student's name and, if possible, student number. (Retrospective
medical certificates will not be accepted for either assignment
work or examinations.)
6.3 A student's medical condition must be stated clearly (IN
ENGLISH). (Certificates stating a student has a `Medical
Condition' may not be sufficient grounds for deferment of
examination). Medical evidence must cover the student for the
day(s) of the missed examination(s).
6.4 Requests must be in writing to the Faculty Administrator clearly
stating the student name and number, unit number of the
examination missed due to illness and current address. Deferral
of an examination CANNOT be granted on an existing deferral in
that unit.
6.5 Requests on grounds other than medical MUST BE supported by
documentation.
6.6 Students who have a medical condition or have genuine
compassionate or work related problems on the day of the
examination are advised to obtain documentary evidence and NOT
attempt the examination. If a student makes an attempt at the
examination, the assessment item will be marked and a grade
awarded. In these cases, a student cannot, after receiving a
`Fail' grade, request a deferred examination or special
consideration.
6.7 Students who have been granted deferred examinations will not be
granted a waiver of prerequisites, without the permission of the
Heads of Department, in subsequent semesters (if they do not have
a passing grade).
7 Unit 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.
8 Mechanised erasers are not permitted in exam venues.
9 The examination will be restricted. Students will be allowed to
bring into the examination an unmarked and unannotated (although
underlining and highlighting are permitted) copy of: Maguire M,
{`Essential Commercial Legislation Queensland'}, LBC information
Services.
10 Students should also refer to the Faculty of Commerce `Guide to
Policies and Procedures' section of the University Handbook for
further information on the above matters.