• Class Number 7458
  • Term Code 2960
  • Class Info
  • Unit Value 6 units
  • Mode of Delivery In Person
  • COURSE CONVENER
    • AsPr Keturah Whitford
  • LECTURER
    • AsPr Keturah Whitford
  • Class Dates
  • Class Start Date 22/07/2019
  • Class End Date 25/10/2019
  • Census Date 31/08/2019
  • Last Date to Enrol 29/07/2019
SELT Survey Results

This course introduces you to the Australian legal system and the law regulating business activities. Particular focus is given to the law of contract. The course also covers the laws relating to particular types of business contracts such as sales of goods and insurance contracts. Aspects of property law and negligence are also covered.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

Upon successful completion of the requirements for this course, students will be able to:

  • identify the sources of law in Australia: statute and judge made law;
  • explain some of the associated issues such as constitutional limitations on power, the hierarchy of courts
  • find current statements of case law and legislation regarding commercial legal issues;
  • apply principles of statutory interpretation in a commercial legal context;
  • apply the doctrine of precedent in a commercial legal context;
  • identify legal issues in a problem scenario and apply the law to resolve those issues;
  • understand the way the law will view a set of circumstances and why the law exists and also know how to apply this to influence and inform decision making.

Research-Led Teaching

This is an introductory course which gives an introduction to the legal system and to important areas of law relevant to business. Keturah is one of the authors of the text.

The text and the course draw on relevant current examples and research. Most chapters will refer to recent journal articles in the area.

Examination Material or equipment

Details regarding materials and equipment that is permitted in an examination room can be found on the ANU website:

http://www.anu.edu.au/students/program-administration/assessments-exams/examination-conduct

Information regarding permitted examination materials for the course will be available on the examination timetable website when the examination timetable is released:

http://timetable.anu.edu.au/

Required Resources

Graw S, Parker D, Whitford K, Sangkuhl E and Do C, Understanding Business Law, 9th edition, LexisNexis Butterworths, 2019.

Students are expected to have access to a copy of the prescribed book for the duration of the semester. The book can be purchased from the on campus bookshop, with a small number of copies also available for 2 hour loan in the reserve loan section of the Chifley Library.

Recommended readings (available from the library):

Barron M, Fundamentals of Business Law, 7th edition, McGraw Hill 2013.

Cook C, Creyke R, Geddes R and Hamer D, Laying Down the Law, LexisNexis Butterworths, 10th edition 2017.

Crosling G and Murphy M, How to Study Business Law: Reading, Writing and Exams LexisNexis, 4th edition, 2009

Davenport S and Parker D, Business and Law in Australia, 2nd edition, Thomson Reuters 2015.

Gibson and Fraser, Business Law, Pearson Australia, 10th edition, 2017

James N, Business Law, Wiley, 4th edition, 2016.

Heilbronn G, Latimer P, Nielsen J and Pagone T, Introducing the Law, 7th edition, CCH, 2008

Latimer, P, Australian Business Law, Sydney CCH 35th Edition 2016.

Miles C and Dowler W, A Guide to Business Law, 21st edition, Thomson Reuters, 2014.

Sweeney B, O’Reilly J, and Coleman A, Law in Commerce, 6th edition, LexisNexis Butterworths, 2016.

Terry A and Giugni D, Business and the Law, 6th edition Cengage Learning, 2016.

Turner C, Australian Commercial Law, Sydney, Thomson Lawbook, 32nd edition 2019.


Web sites:

http://www.austlii.edu.au/ - the austlii site gives you free access to Australian cases, statutes and some other legal material. It also has links to equivalent overseas sites.

http://anulib.anu.edu.au/online/eresources/ - you can gain access to various other commercial databases to which the ANU subscribes via the library. Go to on-line resources, select e-resources and search under subject Law. Some of the most useful are:

  • CaseBase
  • CCH Intelliconnect
  • Laws of Australia – a Legal Encyclopaedia (through LexisAdvance)
  • LexisAdvance
  • Westlaw AU
  • Westlaw International

(See also http://anulib.anu.edu.au/subjects/law/ for guidance on law e-resources).

Staff Feedback

Students will be given feedback in the following forms in this course:

  • verbal or written feedback on the return of assessment tasks
  • during class discussion
  • during consultation with lecturers and tutors

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

ASSESSMENT REQUIREMENTS

As a further academic integrity control, students may be selected for a 15 minute individual oral examination of their written assessment submissions.

Any student identified, either during the current semester or in retrospect, as having used ghost writing services will be investigated under the University’s Academic Misconduct Rule.

  

COMMUNICATION

Email and the Wattle Course Website

Email and the Wattle course website are the preferred ways of communication.

If necessary, the lecturer and tutors for this course will contact students on their official ANU student email address. Students should use this email address when contacting staff as spam filters used by ANU may not allow other email addresses to be received. Information about your enrolment and fees from the Registrar and Student Services' office will also be sent to this email address.

 

Announcements

Students are expected to check the Wattle site for announcements about this course, e.g. changes to timetables or notifications of cancellations. Notifications of emergency cancellations of lectures or tutorials will be posted on the door of the relevant room.

Class Schedule

Week/Session Summary of Activities Assessment
1 The Australian Legal Landscape Chapter 1
2 The Law Up Close Chapters 2 and 3
3 Introduction to Torts and Negligence chapters 24 and 25
4 Contracts: Formation Chapter 4
5 Contracts: Interpretation Chapter 5 Problem paper 1 due 9am 19 August
6 Contracts: Issues affecting consent and Agreement and Termination and Breach Chapters 6 and 7 Problem paper 1 returned
7 Sale of Goods/Intro to Consumer Law Chapters 8 and 10
8 Consumer Law Chapter 11
9 Insurance Chapter 23 Problem paper 2 due 9 am 30 September
10 Property Chapter 20
11 Intellectual property Chapter 21 Problem paper 2 returned
12 Agency Chapter 15 and Revision (past exam papers will be posted to wattle)

Tutorial Registration

Please see Wattle for tutors’ information.

Tutorial signup for this course will be done via the Wattle website. Detailed information about signup times will be provided on Wattle. When tutorials are available for enrolment, follow these steps:

1. Log on to Wattle, and go to the course site.

2. Click on the link “Tutorial enrolment”

3. On the right of the screen, click on the tab “Become Member of ……” for the tutorial class you wish to enter.

4. Confirm your choice

If you need to change your enrolment, you will be able to do so by clicking on the tab “Leave group…” and then re-enrol in another group. You will not be able to enrol in groups that have reached their maximum number. Please note that enrolment in ISIS must be finalised for you to have access to Wattle.

Assessment Summary

Assessment task Value Due Date Return of assessment Learning Outcomes
Problem paper 1 10 % 19/08/2019 30/08/2019 3,4,5,6
Problem Paper 2 20 % 30/09/2019 18/10/2019 3,4,5,6
Participation 10 % 29/07/2019 25/10/2019 1,2,3,4,5,6,7
Final Examination 60 % 31/10/2019 28/11/2019 1,2,3,4,5,6,7

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Examination(s)

Centrally administered examinations through Examinations, Graduations & Prizes will be timetabled prior to the examination period. Please check ANU Timetabling for further information. Exam scripts will not be returned. Students may review their exam scripts by appointment during scheduled sessions at the RSA School Office

Assessment Task 1

Value: 10 %
Due Date: 19/08/2019
Return of Assessment: 30/08/2019
Learning Outcomes: 3,4,5,6

Problem paper 1

Value or Weighting: 10%

Marks: 100

Suggested Length: 750 words (10% tolerance either way acceptable)

Instructions:

Details will be available on Wattle no later than two weeks before the due date.

Questions should be answered in IRAC style. You should remember to support your propositions by reference to cases and statutes where appropriate.

I – Issue (briefly identify the legal issue(s) in the problem.

R – Rule (briefly signal the rule or relevant law which will help to resolve the issue.)

A – Application - the most important part (apply the law to the facts, look at both sides to the argument, support your argument.)

C – Conclusion (remember to draw your advice to a conclusion, although that advice might be that there is more than one possible answer but the most likely conclusion is x. It is also acceptable to say that you need to know some further facts and if it is x then y would follow but if it is a then b would follow.)

Purpose: To develop and assess students’ ability to apply the law to a problem scenario in order to come to a resolution.

Marking Criteria:

Communication:

Correct syntax, grammar and spelling

Clarity of thought and expression

Demonstrated knowledge of the law:

Answer reflects a good knowledge of the relevant legislation and relevant case law - an understanding of their scope and operation

Analytical skills (legal problem solving technique):

Ability to determine the legally relevant or "material" facts and the applicable legal rules:

Ability to identify the legal issues raised by the relevant facts, ie the questions in dispute;

Applying the law to the relevant facts (do the facts fit the legal rules?);

Reaching a conclusion and expressing it ("In my view...."   "I consider, on the basis of the facts provided, that...."). If the legislation is open to more than one interpretation your task is to say so and to decide which one should be considered of greater weight and to state why.

Presentation:

Correct citation of cases and legislation in accordance with the Australian Guide to Legal Citation.

Layout/setting out (use of appropriate headings-clarity, ease of reading)

Referencing: Australian Guide to Legal Citation https://law.unimelb.edu.au/__data/assets/pdf_file/0007/1586203/FinalOnlinePDF-2012Reprint.pdf. A shorter guide will be posted to wattle.

Assessment Task 2

Value: 20 %
Due Date: 30/09/2019
Return of Assessment: 18/10/2019
Learning Outcomes: 3,4,5,6

Problem Paper 2

Value or Weighting: 20%

Marks: 100

Suggested Length: 1500 words (10% tolerance either way acceptable)

Instructions:

Details will be available on Wattle no later than two weeks before the due date.

Questions should be answered in IRAC style. You should remember to support your propositions by reference to cases and statutes where appropriate.

I – Issue (briefly identify the legal issue(s) in the problem.

R – Rule (briefly signal the rule or relevant law which will help to resolve the issue.)

A – Application - the most important part (apply the law to the facts, look at both sides to the argument, support your argument.)

C – Conclusion (remember to draw your advice to a conclusion, although that advice might be that there is more than one possible answer but the most likely conclusion is x. It is also acceptable to say that you need to know some further facts and if it is x then y would follow but if it is a then b would follow.)

Purpose: To develop and assess students’ ability to apply the law to a problem scenario in order to come to a resolution.

Marking Criteria:

Communication:

Correct syntax, grammar and spelling

Clarity of thought and expression

Demonstrated knowledge of the law:

Answer reflects a good knowledge of the relevant legislation and relevant case law - an understanding of their scope and operation

Analytical skills (legal problem solving technique):

Ability to determine the legally relevant or "material" facts and the applicable legal rules:

Ability to identify the legal issues raised by the relevant facts, ie the questions in dispute;

Applying the law to the relevant facts (do the facts fit the legal rules?);

Reaching a conclusion and expressing it ("In my view...."   "I consider, on the basis of the facts provided, that...."). If the legislation is open to more than one interpretation your task is to say so and to decide which one should be considered of greater weight and to state why.

Presentation:

Correct citation of cases and legislation in accordance with the Australian Guide to Legal Citation.

Layout/setting out (use of appropriate headings-clarity, ease of reading)

Referencing: Australian Guide to Legal Citation https://law.unimelb.edu.au/__data/assets/pdf_file/0007/1586203/FinalOnlinePDF-2012Reprint.pdf. A shorter guide will be posted to wattle.

Assessment Task 3

Value: 10 %
Due Date: 29/07/2019
Return of Assessment: 25/10/2019
Learning Outcomes: 1,2,3,4,5,6,7

Participation

Value: 10%

Marks: 100

Instructions: You will also be assessed on your own tutorial participation – you will be assessed on your contributions to tutorial discussion. Tutorial participation will be assessed in 5 weeks (these weeks will not be nominated to you in advance) and your best 2 marks will count.

Purpose: To give you an opportunity to develop problem solving and discussion skills in a group setting.

Due Date: The due date listed in the assessment summary is the earliest possible date. This assessment task is assessed in 5 weeks (these weeks will not be nominated to you in advance) and your best 2 marks will count.

Rubric

Fail participationPASS PARTICIPATIONCR PARTICIPATIOND PARTICIPATIONHD PARTICIPATION

Does not demonstrate adequate application of knowledge to analyse and address legal issues; insufficient understanding of the way the law will view circumstances; not able to identify legal issues amongst factual issues.

Demonstrates adequate application of knowledge to analyse and address legal issues; or basic understanding of the way the law will view circumstances; or basic ability to identify legal issues amongst factual issues.

Offers straightforward information (e.g. straight from the case or reading), without elaboration.

Demonstrates good application of knowledge to analyse and address legal issues; or a good understanding of the way the law will view circumstances; or a good ability to identify legal issues amongst factual issues.

Attempts to offer interpretation and analysis.

Demonstrates an excellent application of knowledge to analyse and address legal issues; or an excellent understanding of the way the law will view circumstances; or an excellent ability to identify legal issues amongst factual issues.

Offers interpretations and analysis of case material (more than just facts) to class.


Demonstrates an extensive application of knowledge to analyse and address legal issues; or an extensive understanding of the way the law will view circumstances; or an extensive ability to identify legal issues amongst factual issues.

Offers informed and thorough interpretations and analysis of case material (more than just facts) to class.

 

Assessment Task 4

Value: 60 %
Due Date: 31/10/2019
Return of Assessment: 28/11/2019
Learning Outcomes: 1,2,3,4,5,6,7

Final Examination

The final examination is an open-book exam comprising 2 hours of writing time plus 30 minutes reading time.

Centrally administered examinations through Examinations, Graduations & Prizes will be timetabled prior to the examination period. The due date listed in the assessment summary is the earliest possible date. Please check ANU Timetabling for further information. Exam scripts will not be returned. Students may review their exam scripts by appointment during scheduled sessions at the RSA School Office.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.


The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.


The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Online Submission: Assignments are submitted using Turnitin in the course Wattle site. You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

AsPr Keturah Whitford
61254726
Keturah.Whitford@anu.edu.au

Research Interests


Keturah Whitford is Associate Professor and Reader in Business Law in the Research School of Accounting at the Australian National University. She is also Dean of Staff for the ANU. Prior to joining ANU, Keturah was head of the School of Law at the University of Canberra. She has taught and published in areas of business law, company and insolvency law and banking law. She is a director on the boards of Australian Science Innovations Inc and St John Ambulance (ACT) Inc.

Keturah has many years’ experience as a legal practitioner, initially in private practice in Adelaide and later working for The State Bank of South Australia, Street Thompson Holdings Ltd (a listed public company) and the Australian Association of Permanent Building Societies in Canberra.

Keturah holds the degrees of Bachelor of Laws, Master of Laws and a Diploma of Education from the University of Adelaide. She is admitted as a barrister and solicitor in South Australia, The Australian Capital Territory and the High Court of Australia.


AsPr Keturah Whitford

Wednesday 11:00 12:00
Wednesday 11:00 12:00
AsPr Keturah Whitford
61254726
keturah.whitford@anu.edu.au

Research Interests


AsPr Keturah Whitford

Wednesday 11:00 12:00
Wednesday 11:00 12:00

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