This course is designed to give students an understanding of the key areas of commercial law and how they relate to each other. The course offers students an opportunity to examine certain areas of commercial law in detail. The focus is on the idea of personal property, which forms the basis of all commercial law. The course will focus on concepts of bailment, agency and then deal with the complex provisions dealing with 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.

Anchored in the sale of goods, the course covers a range of issues including the law relating to the transfer of property rights under a contract of sale, the delivery of goods, the various remedies available.

The course will also look at the new personal property securities regime due to its importance to commercial law and impact in sale. Areas that are dealt with in greater detail in other courses (such as dispute resolution), will only be touched on in this course.

 

Learning Outcomes

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

1. Identify, explain and demonstrate detailed knowledge and understanding of the theoretical principles and law relating to, for example, concepts of bailment, agency, sale of goods and person property securities;
2. Identify, analyse and critically examine the principles and policies underlying the development of, and regulatory aspects of, commercial law in its application in business and society;
3. Design, evaluate and apply principles to solve complex commercial law problems; and
4. Plan, design and execute a substantial research project that identifies, critically examines and communicates solutions to complex practical problems, demonstrating relevant research principles and techniques.

Research-Led Teaching

This course aims at giving students a balance of theoretical and historical background and practical core skills. The distinctive elements of the course which facilitate student engagement with research include:

• Research informed learning through a comprehensive introduction to a wide range of contemporary knowledge in commercial law, particularly in relation to the design of regulatory systems in commercial law and the intersection with common law and equity;
• An application of critical theories to explain various areas of commercial law;
• Student-led independent research to analyse and synthesise an area of commercial law through concepts covered in the course.

Required Resources

A reading guide will be available on the Wattle site which specifies ‘required readings’ and ‘additional readings’. The required readings are essential and the additional readings are optional.

The required readings are found in the prescribed text. The additional readings can be sourced from the Law Library.

The prescribed text for this course is Gail Pearson, Elisabeth Peden, GJ Tolhurst , Jeannie Paterson, Sheelagh McCracken, Anne McNaughton, Ryan Catterwell, Allison Silink, Commercial law: commentary and materials (Fourth edition, Lawbook Co, 2019). This text is available as an e-book through the ANU library: https://library.anu.edu.au/record=b7163992

It is also available at Harry Hartog on the Australian National University campus. Contact Harry Hartog at anu@harryhartog.com.au or by phone at at 02 6230 0197

Recommended Resources

It is recommended that students download a copy of the Sale of Goods Act 1923 (NSW) (we use this because it is referred to in the prescribed text, but the States and Territories have substantively similar legislation) and the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (which can be found in volume 3 of the downloadable Act).

Staff Feedback

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

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

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

Task submission times refer to Canberra time (AEST/AEDT).

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

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

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 any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction and Key Concepts, Bailment, Agency, Sale of Goods	Quiz 1 Assessment item 4 (research essay) can focus on any one or more of the topics addressed across the 4 sessions according to the student’s preference.
2	Sale of Goods (continued)	Quiz 1 Assessment item 3 (problem question) Assessment item 4 (research essay) can focus on any one or more of the topics addressed across the 4 sessions according to the student’s preference.
3	Personal Property Securities Act 2009 (Cth), Terms of the Contract and Modifications	Quiz 2 Assessment item 4 (research essay) can focus on any one or more of the topics addressed across the 4 sessions according to the student’s preference
4	Terms of the Contract and Modifications (continued)	Quiz 2 Assessment item 4 (research essay) can focus on any one or more of the topics addressed across the 4 sessions according to the student’s preference.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Quiz 1	10 %	20/10/2021	*	1
Quiz 2	10 %	22/10/2021	*	1
Case Note	30 %	12/11/2021	01/12/2021	1,2,3
Research Essay	50 %	03/12/2021	24/12/2021	2,4

* 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.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Assessment Task 1

Quiz 1

Nature of Task: A multiple choice quiz on the topics covered in the first two sessions: Introduction and key concepts, Bailment, Agency, Sale of Goods. This task is compulsory. Failure to submit the task will result in a mark of 0. 

Word limit: N/A

Release: 5pm, Tuesday 19 October 2021

Due date: 9am, Wednesday 20 October 2021. If you experience unavoidable and extenuating circumstances and cannot sit the quiz at the due date and time, you should apply for an extension to the ANU College of Law student admin team here:

https://law.anu.edu.au/forms/assessment-extension-request

The College will give you one opportunity to sit the quiz, at the same time one week later. This will be your final opportunity to sit the quiz.

Release of results: Marks will be released once all students have sat the quiz.

Assessment Criteria: N/A

Assessment Task 2

Quiz 2

Nature of Task: A multiple choice quiz on the topics covered in the third and fourth sessions: Personal Property Securities Act 2009 and Terms of the Contract and Modifications. This task is compulsory. Failure to submit the task will result in a mark of 0. 

Word limit: N/A

Release: 5pm, Thursday 21 October 2021.

Due date: 9am, Friday 22 October 2021. If you experience unavoidable and extenuating circumstances and cannot sit the quiz at the due date and time, you should apply for an extension to the ANU College of Law student admin team here:

https://law.anu.edu.au/forms/assessment-extension-request

The College will give you one opportunity to sit the quiz, at the same time one week later. This will be your final opportunity to sit the quiz.

Release of results: Marks will be released once all students have sat the quiz

Assessment Criteria: N/A

Assessment Task 3

Case Note

Nature of Task: Case note. This task is compulsory. Failure to submit the task will result in a mark of 0.

Word limit: 1800 words

Release: 5pm, Friday 22 October 2021

Due date: 5pm, Friday 12 November 2021. Late submissions (without an extension) are permitted, but late penalties will apply.

Assessment Criteria:

a) Analysis of the Judgment

• recognition of the context and background to the decision

• identification of the arguments raised by the case

• critical analysis of judicial reasoning in the Judgment

• critical analysis of the decision-making in the Judgment

b) Analysis of the Impact of the Judgment

• critical discussion of the policy implications of the Decision

• consideration of a range of issues relating to the Decision

c) Presentation, style and referencing

• good use of structure, section headings and paragraphs

• clear, succinct and engaging expression

• use of appropriate terminology and correct grammar, syntax and spelling

• style according to Australian Guide to Legal Citation

• adherence to word limit

Note that while all sources must be properly cited there is no need for a Bibliography.

Assessment Task 4

Research Essay

Nature of Task: Research essay. This task is compulsory and a failure to submit the task will result in a mark of 0 for the task.

Word limit: 3000 words

Release: Students are encouraged to devise their own choice of topic subject to approval by the convenor, but topics can be provided on request. Students must settle their topic with the convenor by 12 November 2021.

Due date: 5pm, Friday 3 December 2021. Late submissions (without an extension) are permitted, but late penalties will apply. .

Assessment Criteria:

a) Understanding of the Issues

• addresses the topic and covers all the important points
• evidence of close consideration of the issues raised by the topic and the research materials drawn on
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b) Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

c) Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

d) Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

e) Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• style according to Australian Guide to Legal Citation
• Adherence to word limit

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 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 test or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof.

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