|Semester 1, 2020 On-campus Toowoomba|
|Short Description:||Intro Business & Company 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: Students enrolled in one of the following Programs: LLBP or BLAW or BABL or BALW or BBBL or BBLA or BCLA or BCLW are not eligible for enrolment
Enrolment is not permitted in LAW1500 if LAW1101 has been previously completed
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
Given the complexity within which commercial transactions are conducted today, an appreciation of the legal system and its impact on commerce and trade is essential for business and commerce students. This is especially pertinent to accountants seeking professional accreditations such as CPA and registration with the Tax Practitioners Board (TPB). Students will develop their knowledge of the legal system through didactic teaching methods and then apply this knowledge in problem-based tutorials and assessments.
This course is designed to provide students with general legal knowledge covering principles underpinning the Australian legal system and the commercial legal responsibilities and risks in conducting business. Additionally this course will cover the law of contracts and torts, especially negligence, Australian company law and the legal nature of partnerships.
On successful completion of this course students should be able to:
- demonstrate comprehension of theoretical knowledge of the relevant law;
- apply legal principles studied in the course, including the principles of precedent and statutory interpretation, and relevant statutes and case law, to factual business situations;
- utilise critical legal thinking skills to analyse legal issues arising from contracts, torts, company law and partnerships;
- defend legal analysis and conclusions in professional and academic settings;
- reflect critically on the theory and professional practice (including accounting practice) as required by the relevant law.
|1.||Principles underpinning the Australian legal system – precedent and court hierarchy, judicial process and alternative dispute resolution, separation of powers and federal system||15.00|
|2.||Contract law – formation of contracts||10.00|
|3.||Contract law – terms and interpretation of contracts||10.00|
|4.||Contract law – enforcement of the contract, including breach, termination and remedies||10.00|
|5.||Principles of tort law||10.00|
|6.||Company law - incorporation and its effects including the nature of corporate identity compared to other business organisations, including partnerships||10.00|
|7.||Company law – governance and directors’ duties||10.00|
|8.||Company law – liability: corporate contracting and members remedies||10.00|
|9.||Company law – corporate financing, membership and dividends||10.00|
|10.||Company law – insolvency and external administration||5.00|
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://omnia.usq.edu.au/textbooks/?year=2020&sem=01&subject1=LAW1500)
Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Student workload expectations
|Description||Marks out of||Wtg (%)||Due Date||Notes|
|ONLINE TEST 1||10||10||23 Mar 2020|
|ASSIGNMENT - PROBLEM-SOLVING||30||30||21 Apr 2020|
|ONLINE TEST 2||10||10||05 May 2020|
|ONLINE TEST 3||10||10||01 Jun 2020|
|ONLINE EXAM||40||40||End S1||(see note 1)|
- This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via StudyDesk.
Important assessment information
It is the students' responsibility to attend and participate appropriately in all activities 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:
Due to COVID-19 the requirements for S1 2020 are: To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.
Requirements after S1, 2020: 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:
Due to COVID-19 the requirements for S1 2020 are: To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Requirements after S1, 2020: To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course.
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 items for the course.
Due to COVID-19 the requirements for S1 2020 are: An Open Examination is one in which candidates may have access to any printed or written material and a calculator during the examination.
Requirements after S1, 2020: An open examination is one in which 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:
Due to COVID-19 the requirements for S1 2020 are: The details regarding deferred/supplementary examinations will be communicated at a later date.
Requirements after S1, 2020: 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.
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.
Evaluation and benchmarking
In meeting the University’s aims to establish quality learning and teaching for all programs, this course monitors and ensures quality assurance and improvements in at least two ways. This course:
- conforms to the USQ Policy on Evaluation of Teaching, Courses and Programs to ensure ongoing monitoring and systematic improvement.
- and is benchmarked against the internal USQ accreditation/reaccreditation processes which include (i) stringent standards in the independent accreditation of its academic programs, (ii) close integration between business and academic planning, and (iii) regular and rigorous review.