Unit rationale, description and aim
Commercial Law covers a number of discrete areas of law which have in common that they are specialised applications of, or linked to, Contract Law. These are agency (the law relating to the conduct of transactions through intermediaries); bailment; consumer credit; guarantees; e-commerce; insurance contracts; restraint of trade/competition law; contracts for the sale of goods and services; property bankruptcy; and commercial dispute.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Describe and critically evaluate key legal aspects...
Learning Outcome 01
Apply the law to factual situations and thereby ad...
Learning Outcome 02
Critically analyse how Australian law may affect c...
Learning Outcome 03
Content
Topics will include:
- agency
- bailment
- bankruptcy
- consumer law/consumer credit/guarantees
- restrictive trade practices/competition law
- commercial dispute resolution
- insurance
- property
- sale of goods and services
Assessment strategy and rationale
The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed.
Assessment 1: Commercial Law Moot and Mediation
Students apply legal principles and communication skills to a commercial law dispute in a simulated professional setting.
Assessment 2: Individual Assignment or Online Quiz
Students demonstrate their understanding and application of key commercial law concepts, legislation and legal reasoning.
Assessment 3: Final Examination
Students integrate and apply learning from across the unit to analyse and resolve legal problems.
Together, the assessments support the development of legal knowledge, critical analysis and professional communication skills while enabling students to achieve the unit learning outcomes.
To successfully complete this unit, students need to complete and submit all assessment tasks and achieve an aggregate mark of at least 50/100.
Overview of assessments
Task 1: Commercial Law Moot and Mediation within...
Task 1:
Commercial Law Moot and Mediation within Tutorials 20%
This assessment is for students to demonstrate their ability to research and critically evaluate the relevant legislation, rules and common law. A rubric will be utilised to assess students.
20%
Task 2: Individual Assignment/or On line Quiz. E...
Task 2:
Individual Assignment/or On line Quiz. Either a 1250-1500 individual written assignment to be uploaded via Turnitin or alternatively, a 20-30 multiple choice online quiz to be administered via Canvas. The online quiz will be 90 minutes to 120 minutes in duration.
30%
Task 3: Final Examination to be administered c...
Task 3:
Final Examination to be administered centrally by examinations during the exam period. The final examination will be open book.
50%
Learning and teaching strategy and rationale
Mode: Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.
Duration: 3 hours per week over 12 weeks or equivalent. Students are expected to spend 150 hours in total for this unit.
This level one compulsory Law unit allows students to demonstrate knowledge, skills and understanding in a specialist area of law to meet the requirements of accreditation.
Our strategy is to encourage students to creatively engage with unit content and to apply fundamental legal knowledge, skills and understandings to address legal problems.
The unit is designed to be delivered in intensive, weekly or online mode. We have taken a multimodal learning approach to provide accessibility and flexibility to our students and a student-focused approach that increases depth of learning and engagement through actively utilising Canvas.
Representative texts and references
Turner, Clive and John Trone, Australian Commercial Law (Thomson Reuters, 32 ed, 2019 or latest edition compilation by National Lecturer in Charge)
Carter, John W, Carter’s Guide to Australian Contract Law (LexisNexis, 2nd ed, 2010)
Carter, John W, Cases and Materials on Contract Law in Australia (LexisNexis, 6th ed, 2011)
Clarke, Philip and Julie Clarke, Contract Law: Commentaries, Cases and Perspectives (Oxford University Press, 2nd ed, 2012)
Latimer, Paul, Australian Business Law (Oxford University Press, 35th ed, 2016)
Seddon, N C and M P Ellinghaus, Cheshire and Fifoot’s Law of Contract (LexisNexis Butterworths, 9th Aus ed, 2008)
Thampapillai, Dilan, Vivi Tan, Claudio Bozzi and Anne Matthew, Australian Commercial Law (Cambridge University Press, 2015)
Traves, Samantha, Commercial Law (LexisNexis Butterworths, 3rd ed, 2014)