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:

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) OR Traves, Commercial Law (5th ed, LexisNexis, 2020).

You will also need a copy of the Sale of Goods Act 1896 (QLD) which you can download from www.austlii.edu.au. 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 Insurance Contracts Act 1984 (Cth)

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.

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	Construction of Commercial Contracts
2	Nature of Personalty
3	Fundamental Personal Property Concepts
4	The Law of Agency
5	Sale of Goods
6	Transfer of Property and Title
7	Consumer Law
8	Law of Insurance
9	Electronic Transactions in the Commercial Context
10	The Law of Bailment

Tutorial Registration

Students need to enroll in one of the two seminar times. Seminars begin in 13th July. Students will be required to attend six seminars over the course of two weeks: Three seminars in the week beginning 13th July and three seminars in the week beginning 27th July. The first week of seminars will be held on the 13th 15th and 17th of July from 6pm to 7pm and from 7pm to 8pm. The second week of seminars will be held on the 27th 29th and 31st of July from 6pm to 7pm and from 7pm to 8pm.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Commercial Contract Construction Task	10 %	27/07/2020	05/08/2020	1, 2
Research Task	50 %	17/08/2020	18/09/2020	1, 2, 3, 4, 5, 6
Take Home Assignment	40 %	10/08/2020	18/09/2020	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 Academic Integrity . 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)

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

Commercial Contract Construction Task

Details of Task: The assessment involves a scenario consisting of relevant contractual provisions and questions testing the ability of the students to apply the proper approach to their interpretation

?Nature of Task: Compulsory and non-redeemable. Failure to submit will result in a mark of 0 for the task. Late submissions (without an extension) are permitted, although late penalties will apply.

Weighting: 10%

Release Date: 13 July 2020 via course WATTLE site.

Due Date: 5:00pm Monday 27 July 2020 via Wattle.

Word limit: 500

Estimated return date: 8 August 2020 via course WATTLE site

Assessment Criteria:

Assessment Task 2

Research Task

Details of Task: Students will be required to undertake independent research on a provided question 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 for the task. Late submissions (without an extension) are permitted, although late penalties will apply.

Weighting: 50%

Release Date: The research question will be released on the course WATTLE site on 20 July 2020.

Due Date: 5:00pm on Monday 17 August 2020 via Turnitin.

Estimated return date: Friday September 18th 2020.

Word limit: 2000 words

Assessment Criteria:

• Understanding of the Issues
• Communication & Development of Argument
• Argument/Analysis
• Research
• Presentation, style and referencing

Assessment Task 3

Take Home Assignment

Details of Task: The assignment will consist of two problem questions, both of which must be answered. Students will not need to do legal research to answer the assignment question but simply apply the material they have studied during the semester to the problem questions. 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 for the task. It is not redeemable.

Weighting: 40%

Duration: 4 days (96 hours)

Word Count: 1600 Words

Release: Friday 7th of August 2020.

Due Date: 10th of August 2020. Late submissions (without an extension) are permitted, although late penalties will apply.

Estimated return date: Friday September 18th 2020.

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 manner.

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

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

• 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. Extensions may be granted 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