79018 Advanced Commercial Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 79203 Business Law and Ethics OR 70110 Introduction to Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject builds on previous studies in law completed by the students. The subject begins with the review and enhancement of students' knowledge of Contract Law and then develops students' knowledge of selected specialised areas of Contract Law including the Doctrine of Frustration, the Doctrine of Privity, Exclusion Clauses, Implied terms and Good Faith and in contracting. The subject then builds on the students’ understanding of commercial law introducing topics such as Sale of Goods, Insolvency Law, Agency, Bailment, Employment Law, Property Law and Insurance Law.
Students are expected to develop sufficient working understanding of the areas of law to which they are introduced to be able to advise on resolving problems and planning strategies. This is a valuable elective for any business student, especially those working in or wishing to work in a business environment involving interaction with legal advisers and managers mindful of their legal obligations.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify and evaluate key concepts in the law of contract and in selected areas of commercial law; |
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| 2. | Identify and apply fundamental legal principles, whether in statute or in case law, both in the law of contract and in selected areas of commercial law; |
| 3. | Think critically to articulate and evaluate legal issues in business contexts; |
| 4. | Apply reasoning to generate appropriate responses to legal problems; |
| 5. | Communicate in a clear, logical and succinct manner, contributing informed viewpoints and responding appropriately to the contributions of peers. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1: Student preparation
Students complete assigned readings and other preparatory activities prior to attending class. The Program (below) provides subject sources that students should view or read and reflect upon. Preparation enables students to engage in class discussion and to ask questions of the lecturer. Students also engage in independent research and reflection following up on topics discussed in class and, in this way, integrating their learning in each topic.
Students also develop an understanding of the background to this subject and relevant current developments by reading the financial press daily – or as often as possible. The best overall coverage is in The Australian Financial Review. The business pages of The Sydney Morning Herald and The Australian are also highly recommended. Students are encouraged to initiate discussion of current developments to the class.
Strategy 2: Class discussion
Students are encouraged to ask questions throughout the subject. Interactive lectures provide an opportunity for students to build on their independent study and critically explore, analyse and reflect on a range of relevant issues as well as to develop and evaluate their own policy and regulatory positions. Students will be able to gain valuable feedback from their colleagues and the teacher and at the same time develop a sense that solutions can be discerned by collaborative exchanges.
Strategy 3: Feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process. Students receive early and on-going feedback on their preparation and participation in seminars from the teacher and from peers who respond to their contributions. In addition, individual formative feedback is provided on students’ seminar participation and on students’ performance in problem-based tasks. Feedback also comes from a student’s own reflection on their performance with reference to the subject objectives and assessment criteria.
Subject Delivery
This subject is delivered online for all of Spring session. There will also be 2 optional on campus sessions.
The subject will be delivered:
- online via Zoom sessions (the predominate interaction) covering content and clarification of key principles and thereafter brief student presentations and class discussion,
- interactive use of discussion boards
- online written and recorded materials.
During each of the teaching weeks students will participate:
- through group and individual submissions on the discussion board on Canvas in relation to the current topic areas
- contribution to Zoom sessions
Face to Face sessions:
There will be two face to face sessions on campus of 90 minutes duration in the current allocated time. There will also be an equivalent session for students who cannot attend campus.
3/9/20 Online and On campus revision of key Contract principles and overview of problem solving technique for essay writing in preparation for major assessment task. This revision class will be on campus 6 pm to 7.30 pm (the location will be advised) and via zoom 7.30 pm to 9 pm
22/10/20 Online and On campus Topic 13: Revision and Preparation for Take Home examination. This revision class will be on campus 6 pm to 7.30 pm (the location will be advised) and via zoom 7.30 pm to 9 pm
Content (topics)
- Introduction; Revision on the Australian Legal System
- Contract Law Review Key Principles.
- Special Topics in Contract Law: The Doctrine of Privity
- Special Topics in Contract Law: Exclusion Clauses, Limitation Clauses. Incorporation and Interpretation
- Special Topics in Contract Law: Implied Terms and Good Faith in Contracting
- Special Topics in Contract Law: Termination of Contract: Performance and Frustration
- Sale of Goods
- Agency
- Insolvency
- Bailment
- Property
- Insurance Law
- Employment Law
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1 |
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| Weight: | 10% |
| Length: | 1000 words (nominal) |
| Criteria: |
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Assessment task 2: Research Assignment
| Intent: | The assessment aims to develop student understanding of the law, skills of analysis, critical judgment, reflection and evaluation. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1 |
| Weight: | 40% |
| Length: | 2000 word limit - 10% leeway permitted. Substantially less than the prescribed length may be indicative of a lack of analysis or a failure to address all the live issues. |
| Criteria: |
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Assessment task 3: Take-home Examination
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1 |
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| Weight: | 50% |
| Length: | 2,000 words |
| Criteria: |
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Required texts
The following texts are AVAILABLE ONLINE IN THE UTS LIBRARY (please note concurrent user restrictions).
The prescribed text is Clive Turner and John Trone, Australian Commercial Law, Thomson Reuters (Lawbook Co), 33rd ed, 2021. This is referred to as “Turner” throughout the subject outline. Electronic (Subject to licensing requirements)
Very similar text:
Roger Gamble, Clive Turner, and John Trone Concise Australian Commercial Law: Thomson Reuters (Lawbook Co) 2021 6th edn.
Electronic (Subject to licensing requirements) Topics, Contract Law and Agency
Copies of statutory provisions referred to in class may be obtained by downloading from AustLII (www.austlii.edu.au/databases.html).
Other resources
General
- DilanThampapillai, Claudio Bozzi,ViviTranand Andrrew Matthew, Australian Commercial Law (Cambridge)
- Andre Terry and Des Giugni, Business and the Law,(Thomson Reuters, 7th ed 2018)
- David Parker and Gerald Fox, Business Law for Business Students, (Thomspn Reuters, 3rd ed, 2018)
- Brendan Sweeney, Jennifer O’Reilly and Andrew Coleman, Law in Commerce, (LexisNexis, 6th ed, 2016)
- Kevin Lindgren, Vermeesch and Lindgren’s Business Law of Australia (LexisNexis, 12th ed, 2011)
- JW Carter and Laina Chan, Contract and the Australian Consumer law, (Federation Press, 2018)
Specific
- Jason Harris and Chris Croese, Contract Law in Context (CCH Australia Ltd, 2015)
Useful Websites
- www.justice.nsw.gov.au
- www.accc.gov.au
- www.wolterskluwer.cch.com.au
- Many of the Australian primary sources – legislation and decided cases – can be located on www.austlii.edu.au
- The sites of leading law firms are also worth investigation; for starters: www.allens.com.au
Faculty of Law
- UTS:Law Guide to Written Communication – prepared by the Law Faculty to assist students with academic and legal writing – available on Canvas and at http://www.uts.edu.au/current-students/current-students-information-faculty-law/overview#uts-law-guide-to-written-communication
- UTS:Law Student Guidebook – prepared by the Law Faculty to provide students with information about study, assignments, services and the university rules – available on Canvas and at http://www.uts.edu.au/current-students/current-students-information-faculty-law/overview#uts-law-student-guidebook
UTS LIBRARY
The UTS Library has a wide range of services and resources that you will find useful, including law reports, law journals, textbooks, and access to online resources: www.lib.uts.edu.au
Relevant materials for this subject may also be available on Closed Reserve, which is a special borrowing service that allows you to use the material for two hours or overnight, to ensure the materials are available to many students. Materials on Closed Reserve are listed in the library catalogue by subject details and Subject Coordinator.
LEARNING SKILLS
The following websites provide information and links to help you develop your learning skills.
- http://www.lib.uts.edu.au/help/study-skills
- https://www.uts.edu.au/current-students/support/academic-support/study-skills
Canvas
This Canvas site for this subject may include key announcements, lecture slides, and clarification of administrative and assessment matters. It is the responsibility of students to ensure they are registered on Canvas for this subject, and regularly check Canvas for announcements, resources and tasks.
Personal Recordings
Audio or visual recording of classes for this subject is strictly prohibited unless written approval is sought and given in advance by the Subject Coordinator. Approval for audio or visual recording will usually be limited to medical or hardship reasons, and if approved, must be arranged by the student. Students may only use the audio or visual recording for private study purposes and (to avoid any legal action) permission must be obtained from the Subject Coordinator for any other usage. Given the interactive nature of classes, any student who does not wish to be audio-recorded must advise the Subject Coordinator in advance otherwise permission from students is assumed.