Commercial Law is designed to give students an understanding of the key areas of commercial law and how they relate to each other.  The focus is on the areas of personal property and aspects of commercial contracts, as these form the basis of all commercial law.  The course will consider the concepts of bailment and agency and the complex provisions dealing with the sale of goods.  It is suitable for those students who want an overview of commercial law as well as those who want to bring themselves up to date with recent developments in this field.  This course is an elective that builds on material in the compulsory course Contracts and articulates with Corporations Law, Property and other commercially focussed electives such as Restrictive Trade Practices and Consumer Protection and Product Liability, for example.

Learning Outcomes

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

On the successful completion of this course, students should be able to:

1. explain, outline and apply an advanced understanding of the areas of commercial law dealt with in this course;
2. analyse critically particular areas of commercial law by participation in discussions and online forums;
3. identify and provide solutions to complex problems in particular areas of commercial law,
4. transform the analysis of case law into a proposition of commercial law that can be communicated to others;
5. identify the relevant legal issues that arise on a given set of facts in the areas of commercial law dealt with in the course;
6. where applicable, distinguish the facts in decided cases from those in a given set of facts; build this into an argument and structure an answer to a problem question in a logical and coherent manner;
7. co-operate with your colleagues within limits set by rules governing proper academic discourse.

Research-Led Teaching

The central tenets of commercial law are well-settled and continue to be anchored in the areas of contract and property law, enhanced and modified by statute. Research in the substantive area of commercial law informs the selection of topics and the degree of detail in which they are considered. The content and structure of this course is informed by research in the fields of education, educational psychology and commercial law. The research in education and educational psychology has informed the restructuring of the course, spiralling the course curriculum by building on students’ previous compulsory studies (Contract Law); introducing new topics in the early weeks of the course and reinforcing and building on that material in subsequent weeks. 

Required Resources

The prescribed text for this course is Turner and Trone, Australian Commercial Law (32nd ed, Thomson, 2019).

You will also need a copy of the Sale of Goods Act 1923 (NSW) which you can download from www.austlii.edu.au.The NSW Act is used because it is used in the textbook. The State and Territory sale of goods legislation is substantively uniform throughout Australia and the equivalent provisions in the ACT Act will also be referred to as appropriate. You may also like to download this Act from the Austlii site.

You will also need a copy of the Sale of Goods (Vienna Convention) Act 1986 (NSW) which you can also download from the Austlii site.

All the cases referred to in the course are available in full electronically and in hard copy in the library. Students are expected to access the full judgments and have them available for use in class.

Recommended Resources

You may find it useful to refer to Carter, Contract Law in Australia (6th ed, 2012) on various points.

Staff Feedback

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

• written comments
• verbal comments
• feedback to the whole class, to groups, to individuals, focus groups

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

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the current Grading Distribution Policy has been suspended pending the development of a new policy. For further information about the interim policy please see: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements and updates relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	The Nature of Personal Property
2	The Law of Bailment
3	Security Interests: Using personal property to secure payment
4	The Law of Agency
5	Contracts of Sale: Formation and statutory regimes
6	Express and Implied terms of the Contract of Sale
7	Statutory Obligations in the Supply of Goods and Services
8	Transfer of Property and Title under a Contract of Sale
9	Performance and Remedies
10	Misrepresentation and misleading conduct in Commercial Law
11	Unconscionability in Commercial Law
12	Revision

Tutorial Registration

Students need to enrol in one of the two seminar times. Seminars begin in Week 1.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Quiz (multiple choice)	10 %	25/03/2019	25/03/2019	1, 2,
Research Paper	50 %	23/04/2019	09/05/2019	1, 2, 3, 4, 5, 6
Final Take home Exam	40 %	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. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

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.

Participation

Effective participation in this course requires the equivalent of approximately 10 hours per week over 12 weeks including class time. In order to take better advantage of the discussion and activities which will occur in the seminars, you should read the required readings for the week prior to attending class. You are expected to prepare for the classes and to engage actively in the discussions and activities that take place in these classes.

Examination(s)

The exam paper will be released during the formal examination period TBC via Wattle. Please note that the date and time in the assessment summary is indicative only. Students must confirm the exact date and time of the exam closer to the date.

Assessment Task 1

Online Quiz (multiple choice)

Details of Task: The online quiz requires you to demonstrate your knowledge of key concepts and legal principles of contract law as set out in the chapters in Part 2 of the textbook and in the online resources on the course WATTLE page. This piece of assessment should be straightforward revision for students as it covers material already introduced in the compulsory Contracts course, which is a prerequisite for this course.The success you enjoy in this quiz will help alert you to how accurately you can answer the questions without having to consult your materials. This should give you an early indication of how effective your study methods are in recalling and learning what the relevant law is. This first piece of assessment should assist you in developing effective study patterns for this course.

?Nature of Task: Compulsory and non-redeemable. Failure to submit will result in a mark of 0 for the course.

Weighting: 10%

Release Date: 22 March 2019 at 5pm via course WATTLE site.

Duration: You will have 20 minutes to complete the quiz once you have commenced your attempt. You can only access the quiz once and for a maximum period of 20 minutes. 

Due Date: 11.59pm Monday 25 March 2019 via Wattle. Submissions after the quiz has closed will not be accepted.

Word limit: N/A

Estimated return date: You will be able to access your quiz scores and feedback on incorrect answers through the course WATTLE page after the quiz period has ended.

Assessment Criteria: You will be assessed on the precision and accuracy of your responses to the questions.  

Assessment Task 2

Research Paper

Details of Task: Students will be provided with a selection of research questions from which they must choose one. Students will be required to undertake independent research for the purpose of completing this piece of assessment.

Nature of Task: This task is compulsory and a failure to complete it will result in a mark of 0. It is not redeemable.

Weighting: 50%

Release Date: The research questions will be released on the course WATTLE site at 2pm on Tuesday 12 March 2019.

Due Date: 11.59pm on Tuesday 23 April 2019 via Turnitin. Late submissions (without an extension) are permitted, although late penalty will apply. No submissions will be accepted after 9 May.

Estimated return date: after 2pm on Thursday 9 May 2019 via Turnitin.

Word limit: 2 500 words

Assessment Criteria: You will be assessed on your ability to:

• explain, outline and apply an advanced understanding of the subject matter of your paper;
• write clearly, concisely and accurately;
• where relevant, transform the analysis of case law into a proposition of commercial law that can be communicated to others;
• to identify the relevant legal issues that arise on a given set of facts in the areas of commercial law dealt with in the course; and
• where applicable, to distinguish the facts in decided cases from those in a given set of facts; build this into an argument and structure a well-reasoned analysis of the selected research question.

Assessment rubrics will be provided on the course Wattle site by the start of Week 3.

Assessment Task 3

Final Take home Exam

Details of Task: The exam will take place during the formal examination period. Students will be provided with two problem questions from which they must choose one.  Students will not need to do legal research to answer the exam question but simply to apply the material they have studied during the semester to their chosen problem question. You may use abbreviated references to cases (ie case names only).

Nature of Task: This task is compulsory and a failure to complete it will result in a mark of 0. It is not redeemable.

Weighting: 40%

Duration: 48 hours

Word Count: 2000 Words

Release: The exam paper will be released during the formal examination period TBC via Wattle.

Due Date: Please note that the date and time in the assessment summary is indicative only. Students must confirm the exact date and time of the exam closer to the date.Submissions after the due date will not be accepted.

Estimated return date: 1 July 2019 via Turnitin.

Assessment Criteria: You will be assessed on your ability:

• to explain, outline and apply an advanced understanding of the areas of commercial law dealt with in this course;
• to identify and provide solutions to complex problems in particular areas of commercial law;
• to transform the analysis of case law into a proposition of commercial law that can be communicated to others;
• to identify the relevant legal issues that arise on a given set of facts in the areas of commercial law dealt with in the course; and
• where applicable, to distinguish the facts in decided cases from those in a given set of facts; build this into an argument and structure an answer to a problem question in a logical and coherent.

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

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• 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.

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).

• 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