LAW2104 Business and Consumer Law
|Semester 1, 2018 Online|
|Short Description:||Business and Consumer Law|
|Faculty or Section :||Faculty of Business, Education, Law and Arts|
|School or Department :||School of Law and Justice|
|Student contribution band :||Band 3|
|ASCED code :||090901 - Business and Commercial Law|
|Grading basis :||Graded|
Examiner: Aaron Timoshanko
Pre-requisite: LAW1101 and Students enrolled in one of the following Programs: BLAW or BABL or BALW or BBBL or BBLA or BCLW or BCLA or BCBL are not eligible for enrolment.
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.
The course builds on the principles expounded in the introductory law course. By doing so, the course develops students’ understanding of a variety of legal concepts relevant to the business and consumer protection environments. The course will equip students with an understanding of an important legal framework thereby providing a practical benefit for students in the business world.
This course is not suitable to be undertaken as an elective under the Bachelor of Laws program.
In the introductory law course students were exposed to basic principles of legal liability. In this course the study of those principles is extended and applied in the context of responsibilities of business to consumers. This course examines statutory and judge made laws affording consumer protection, such as legislation on false and misleading conduct and judicial decisions on unconscionability. Also canvassed are aspects of property law relevant to individuals and small business, such as the classification of property, ownership, residential and commercial leases and transfers of title, and workplace issues. This leads into a discussion of insurable interests and managing business liabilities through insurance generally. Finally, account is taken of the general legal issues related to superannuation.
On successful completion of this course, students should be able to:
- describe and understand the basic principles of law in the specific substantive topics covered
- demonstrate problem-solving skills by identifying the legal issues raised by case studies based on these substantive areas
- demonstrate academic and professional literacy skills in applying the relevant principles of law to resolve legal issues and propose appropriate legal remedies
- demonstrate ethical research and written communication skills by engaging in legal research and writing.
|1.||Introduction to business law||10.00|
|2.||Statutory consumer protection||20.00|
|3.||Common law and equitable grounds for consumer protection||15.00|
|4.||Concepts of property – real and personal||15.00|
|5.||Concepts of property - intellectual property||10.00|
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/?year=2018&sem=01&subject1=LAW2104)
Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Latimer, P, 'Australian business law', Oxford University Press, South Melbourne, Victoria. (latest edition).
Bradbrook, A, Moore, A, MacCallum, S & Grattan, S, 'Australian real property law', Thomson Reuters, Pyrmont, New South Wales (latest edition).
Bruce, A, 'Consumer protection law in Australia', LexisNexis, Chatswood, New South Wales (latest edition).
Lockhart, C (ed), 'Misleading or deceptive conduct: issues and trends', Federation Press, Leichhardt, New South Wales (latest edition).
Pynt, GJ, 'Australian insurance law: a first reference', LexisNexis, Chatswood, New South Wales (latest edition).
Vermeesch, RB & Lindgren, KE, 'Business law of Australia', LexisNexis Butterworths, Chatswood, New South Wales (latest edition) - available online via the LexisNexis AU database http://resguide.usq.edu.au/index.php?ID=76).
Student workload expectations
|Description||Marks out of||Wtg (%)||Due Date||Notes|
|ONLINE TEST||10||10||23 Mar 2018|
|ASSIGNMENT||30||30||20 Apr 2018|
|EXAMINATION||60||60||End S1||(see note 1)|
- This will be an open examination. The total working time for the examination is 2 hours. The examination date will be available via UConnect when the official examination timetable has been released.
Important assessment information
Online: 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.
On-campus: 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.
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.)
Penalties for late submission of required work:
Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course (i.e. the Primary Hurdle), and have satisfied the Secondary Hurdle (Supervised), i.e. the end of semester examination by achieving at least 40% of the marks available for that assessment item.
Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items and has passed the Primary Hurdle but failed to satisfy the Secondary Hurdle (Supervised), or has satisfied the Secondary Hurdle (Supervised) but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.
To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure http://policy.usq.edu.au/documents/14749PL (point 4.4.2).
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.
This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.
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.
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.
Referencing in assignments:
In this course students may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC). Students should consistently use one of these systems in their assignments to format details of the information sources they have cited in their work. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian.