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:

1. Identify the sources of law that are applicable to Australia;
2. Identify the legal areas of particular relevance in a business context;
3. Understand, and be able to articulate: (i) how binding agreements are formed under Australian law, and (ii) the rights and remedies that arise in relation to legally binding agreements;
4. Understand the circumstances in which persons, particularly in business, could have a legal liability in relation to careless conduct;
5. Recognize the major pieces of Australian legislation of relevance to business, and be able to articulate the legal obligations and duties that such legislation imposes;
6. Know how they would approach a legal problem, including knowing when it would be appropriate to seek professional legal advice.

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

Required Resources

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 or direct from the publisher LexisNexis. A small number of copies of the text also available for 2 hour loan in the reserve loan section of the Chifley Library. Copies of earlier editions will differ from the 2016 edition.

Prescribed textbook: Graw S, Parker D, Whitford K, Sangkuhl E and Do C, Understanding Business Law, 8^th edition, LexisNexis Butterworths, 2016.

Recommended Resources

Recommended reading:

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

Cook C, Creyke R, Geddes R and Hamer D, Laying Down the Law, LexisNexis Butterworths, 9^th edition 2014.

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

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

Gamble, du Plessis, Neal, Principles of Business Law, Thomson Lawbook, 3^rd Edition, 2008

Gibson and Fraser, Business Law, Pearson Australia, 9^th edition, 2015

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

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

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

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

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

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

Turner C, Australian Commercial Law, Sydney, Thomson Lawbook, 31^st edition 2016.

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 Online
• Laws of Australia – a Legal Encyclopaedia (through Legal Online)
• LexisNexis
• 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 various ways in this course, including verbal or written feedback on the return of assessment tasks, during class discussion, or 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

All components of assessment in this course are compulsory and must be submitted. To achieve an automatic pass grade in this course you must obtain 50% or more as an aggregate mark and a minimum score of 40% in the final exam to pass the subject.

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 Forums on the Wattle Course Website

Email and the Wattle course website are the preferred ways of communication. Student forums are set up on Wattle for each topic and can be viewed by all enrolled students and teaching staff. Students are encouraged to post any questions they have in the appropriate forum.

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	Introduction to the Australian Legal System: Part 1 (Ch 1)
2	Introduction to the Australian Legal System: Part 2 (Ch 2 and 3)
3	Tort of Negligence (Ch 24 and 25
4	Contracts: Part 1 (Chapter 4)
5	Contracts: Part 2 (Chapter 5)	Problem Paper 1 due: 25 March
6	Contracts: Part 3 (Chapters 6 and 7)
7	Sale of Goods and Consumer Law: Part 1 (Chapters 8 and 10)
8	Sale of Goods Consumer Law: Part 2 (Chapter 11)	Problem Paper 2 due: 3 May
9	Insurance (Chapter 23)
10	Property (Chapter 20)
11	Intellectual Property (Chapter 21)
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	15 %	25/03/2019	05/04/2019	1,2,4,5,6
Problem Paper 2	25 %	03/05/2019	05/06/2019	1,2,3,5,6
Final Exam	60 %	06/06/2019	04/07/2019	1,2,3,4,5,6

* 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:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

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)

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/

Assessment Task 1

Problem Paper 1

Due date: Submission via Turnitin by 11.30 pm on Monday, 25 March 2019.

Length: 1600 words (Note: There is a 10% tolerance either way, e.g. your paper can exceed the word limit by 10% without penalty.)

Weighting: 15% of final mark.

Hurdle Assessment Requirements: You need to submit this component to pass the course.

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

Instructions: Questions should be answered in IRAC style. Support your propositions by reference to cases and statutes where appropriate. Notes on IRAC will be posted to Wattle.

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.)

Scope of Research: Material covered in the week 3 lecture, week 4 tutorial and chapters 24 and 25 of the textbook. 

Marking Criteria:

Demonstrated knowledge of the law

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

Analytical skills (legal problem solving)

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, i.e. the questions in dispute

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

Reaching a conclusion and expressing it (E.g. "In my view...." or "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 provide reasons for this view. 

Presentation

Correct citations of cases and legislation in accordance with the Australian Guide to Legal Citation (see Wattle for guide). Layout/setting out (use of appropriate headings: clarity, ease of reading). No reference list necessary for Problem Paper 1. 

Presentation: Submission via Turnitin. Papers are to be word-processed. The use of strict, professional expression is expected. Papers are to be submitted with an RSA Assessment Cover Sheet available from Wattle. Ensure that the word count is completed.

Return Date: Marks and comments will be provided by the end of Week 6.

Assessment Task 2

Problem Paper 2

Due date: Submission via Turnitin by 11.30 pm on Friday, 3 May 2019.

Length: 1600 words (Note: There is a 10% tolerance either way, e.g. your paper can exceed the word limit by 10% without penalty.)

Weighting: 25% of final mark.

Hurdle Assessment Requirements: You need to submit this component to pass the course.

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

Instructions: Questions should be answered in IRAC style. Support your propositions by reference to cases and statutes where appropriate. Notes on IRAC will be posted to Wattle.

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.)

Scope of Research: Material covered in lectures weeks 4, 5, 6 and associated tutorials. Chapters 4, 5, 6, 7 of the textbook.

Marking Criteria:

Demonstrated knowledge of the law

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

Analytical skills (legal problem solving)

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, i.e. the questions in dispute

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

Reaching a conclusion and expressing it (E.g. "In my view...." or "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 provide reasons for this view. 

Presentation

Correct citations of cases and legislation in accordance with the Australian Guide to Legal Citation (see Wattle for guide). Layout/setting out (use of appropriate headings: clarity, ease of reading). A reference list should be provided for Problem Paper 2.

Referencing Requirements: Problem papers should comply with the Australian Guide to Legal Citation https://law.unimelb.edu.au/__data/assets/pdf_file/0007/1586203/FinalOnlinePDF-2012Reprint.pdf. A short guide will be posted to wattle.

Presentation: Submission via Turnitin. Papers are to be word-processed. The use of strict, professional expression is expected. Papers are to be submitted with an RSA Assessment Cover Sheet available from Wattle. Ensure that the word count is completed.

Return Date: Marks and comments will be provided by the end of Week 12.

Assessment Task 3

Final Exam

Hurdle Assessment Requirements: In order to pass the course you must achieve a minimum 40% in the final examination.

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.

Students will be advised of the format of the final examination closer to the time. It is an open book exam. You may take anything into the examination except electronic materials – electronic dictionaries are not allowed and any books or papers which infringe copyright are not allowed. E-books are not allowed.

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community 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 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 University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

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

Feedback will be provided via turnitin. Some tutors will provide feedback via email or paper form.

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.

Resubmission of Assignments

There is no option to resubmit.

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).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students