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 in Australia: statute and judge made law;
2. Explain some of the associated issues such as constitutional limitations on power, the hierarchy of courts
3. Find current statements of case law and legislation regarding commercial legal issues;
4. Apply principles of statutory interpretation in a commercial legal context;
5. Apply the doctrine of precedent in a commercial legal context;
6. Identify legal issues in a problem scenario and apply the law to resolve those issues;
7. Discuss the way the law will view a set of circumstances and why the law exists and also 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

Please refer to information below about final examination.

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. A small number of copies are available for 2 hour loan in the reserve loan section of the Law Library.An ebook version of the text is available from the law Library https://library.anu.edu.au/record=b6856475.

Recommended Resources

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, 11th edition 2020.

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, 3rd edition, Thomson Reuters 2020.

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

James N and Thomas T, Business Law, Wiley, 5th edition, 2019.

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, 7th edition Cengage Learning, 2019.

Turner C, Trone J, Australian Commercial Law, Sydney, Thomson Reuters, 33rd edition 2020.

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 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 Integrity Rule.

  

COMMUNICATION

Email and 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.

 

Announcements

Students are expected to check the Wattle site for announcements about this course, e.g. changes to timetables or notifications of cancellations.

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 22 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 9am 4 October
10	Property Chapter 20
11	Intellectual property Chapter 21
12	Agency Chapter 15 and Revision (past exam papers will be posted to wattle)	Problem paper 2 returned

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities/tutorials so they can better plan their time. Find out more on the Timetable webpage.

Please see Wattle for tutors’ information.

The workshop will be the same as for tutorials except that there is only one time available and it will cater for both on campus and off campus student in the one workshop.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Problem paper 1	20 %	22/08/2022	02/09/2022	3,4,5,6
Problem Paper 2	20 %	04/10/2022	28/10/2022	3,4,5,6
Final Examination	60 %	03/11/2022	01/12/2022	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:

• 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

This course will have an on-campus lecture recorded on Echo 360.

Tutorials will be available face to face or as online live zoom classes.

The workshop/seminar will be delivered face to face and concurrent live zoom class.

Attendance at all teaching events, while not compulsory, is expected in line with “Code of Practice for Teaching and Learning”, clause 2 paragraph (h).

Examination(s)

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/

The final examination will be scheduled by Examinations, Graduations & Prizes will be timetabled prior to the examination period. Please check ANU Timetabling for further information.

ANU Academic Misconduct Rule You are expected to have read and understood the ANU's Academic Misconduct Rules. Instances of alleged misconduct will be investigated and, where misconduct is found to have been committed, penalties will be imposed to the full extent of the Rule. 

Assessment Task 1

Problem paper 1

Value or Weighting: 20%

Marks: 100

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

Submission: On Wattle, via turnitin

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/mulr/aglc/australian-guide-to-legal-citation-v4.pdf. A shorter guide will be posted to wattle.

Assessment Task 2

Problem Paper 2

Value or Weighting: 20%

Marks: 100

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

Submission: On Wattle, via turnitin

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/mulr/aglc/australian-guide-to-legal-citation-v4.pdf. A shorter guide will be posted to wattle.

Assessment Task 3

Final Examination

Value: 60%

Marks: 60

The exam will be 3 hours in duration, and will consist of problem style questions. The exam will be released on Wattle and submitted via turnitin on Wattle. Further details of the final exam will be provided no later than Week 10.

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. Information regarding exam script viewing will be provided in due course.

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. 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.

Resubmission of Assignments

Not applicable.

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