代写BUSN1101 Introduction to Commercial Law

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  • 代写BUSN1101 Introduction to Commercial Law
    BUSN1101
    Introduction to Commercial Law
    Course Description
    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.
    Semester and Year
    Semester 2 2016
    Course URL
    http://programsandcourses.anu.edu.au/2016/course/BUSN1101
    Mode of Delivery
    On campus
    Prerequisites
    Nil
    Incompatible Courses
    You are not able to enrol in this course if you have previously completed LAWS1204 and LAWS2101 and LAWS2210 and ENGN4003
    Course Convener
    Associate Professor Keturah Whitford
    Office Location
    Hanna Neumann Building 21, Room 2031
    Phone
    +61 2 61254726
    Email
    keturah.whitford@anu.edu.au
    Consultation hours
    To be advised on Wattle
    ANU College of Business and
    Economics
    Research School of Accounting
    Mail
    Building 26C
    Australian National University
    Canberra ACT 2601
    Building 21
    Australian National University
    Canberra ACT 2601
    Student Office
    Room 2.01 (Level 2)
    ANU CBE Building 26C
    Room 2037 (Level 2)
    Hanna Neumann Building 21
    Phone: Within Australia
    International
    1300 732 120 (local call cost only)
    +61 2 6125 3807
    02 6125 0025
    +61 2 6125 0025
    Fax: Within Australia
    International
    02 6125 0744
    +61 2 6125 0744
    02 6125 4310
    +61 2 6125 4310
    Email:
    info.cbe@anu.edu.au
    enquiries.rsa@anu.edu.au
    2 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y
    Bio and research interests Keturah Whitford is Associate Professor and Reader in Business
    Law in the Research School of Accounting and Business
    Information Systems at the Australian National University. She is
    also Director of Students and Learning in the College of Business
    and Economics. Prior to joining ANU Keturah was head of the
    School of Law at the University of Canberra. She has taught and
    published in areas of business law, company and insolvency law
    and banking law. She is a director on the boards of Australian
    Science Innovations Inc and St John Ambulance (ACT) Inc.
    Keturah has many years’ experience as a legal practitioner,
    initially in private practice in Adelaide and later working for The
    State Bank of South Australia, Street Thompson Holdings Ltd (a
    listed public company) and the Australian Association of
    Permanent Building Societies in Canberra.
    Keturah holds the degrees of Bachelor of Laws, Master of Laws
    and a Diploma of Education from the University of Adelaide. She
    is admitted as a barrister and solicitor in South Australia, The
    Australian Capital Territory and the High Court of Australia.
    Tutor(s) There will be a number of tutors in this course. Names and
    contact details and consultation hours will be posted to Wattle.
    Student Administrators HN 2037 Hanna Neumann Bld 21
    enquiries.rsa@anu.edu.au
    6125 0025 or 6125 7968
    Office hours : Monday – Friday 9-5 pm
    COURSE OVERVIEW
    Course Learning Outcomes
    Upon successful completion of the requirements for this course, students will be able to:
     Identify the sources of law in Australia: statute and judge made law and
     explain some of the associated issues such as constitutional limitations on power,
    the hierarchy of courts
     find current statements of case law and legislation regarding commercial legal
    issues;
     Apply principles of statutory interpretation in a commercial legal context
     Apply the doctrine of precedent in a commercial legal context
     Identify legal issues in a problem scenario and apply the law to resolve those issues
     understand the way the law will view a set of circumstances and why the law exists
    and also know how to 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.
    3 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y
    The text and the course draw on relevant current examples and research. Most chapters will
    refer to recent journal articles in the area.
    Continuous Improvement
    We use feedback from students, professional bodies and staff to make regular improvements
    to the course. In response to this feedback, design improvements from the previous version
    of the course include changes to the assessment scheme to include assessment of
    performance as tutorial participant. There is a focus in this course on legal problem solving.
    This is practised in tutorials and developed in the problem papers and in the final exam. Legal
    problem solving is a skill which will be used in subsequent law courses.
    Staff Feedback
    Students will be given feedback in various ways in this course, including verbal or written
    feedback on the return of assessment tasks, during class discussion, or during consultation
    with lecturers and tutors.
    Student Feedback
    All CBE courses are evaluated using Student Experience of Learning and Teaching (SELT)
    surveys, administered by Planning and Statistical Services at the ANU. These surveys are
    offered online, and students will be notified via email to their ANU address when surveys are
    available in each course. Feedback is used for course development so please take the time
    to respond thoughtfully. Course feedback is anonymous and provides the Colleges, University
    Education Committee and Academic Board with opportunities to recognise excellent teaching
    and to improve courses across the university. For more information on student surveys at ANU
    and reports on feedback provided on ANU courses, visit
    http://unistats.anu.edu.au/surveys/selt/students/ and
    http://unistats.anu.edu.au/surveys/selt/results/learning/
    Examination material or equipment
    Details regarding materials and equipment that is permitted in an examination room can be
    found on the ANU website:
    http://www.anu.edu.au/students/program-administration/assessments-exams/examinationconduct
     
    Deadlines
    代写BUSN1101 Introduction to Commercial Law
    Chapter 2
    tutorial
    questions – see
    wattle
    Week 4 8 August Introduction to
     
    Lectures
    Lectures will be recorded via echo 360 and recordings will be available on wattle. This is not
    an online course. It is expected that you will attend lectures in person. Recordings are
    designed as a back-up if you are ill or unavoidably away or you wish to go back over work.
    Aspects of the lectures will be interactive including the discussion of questions and issues and
    you will not get the full benefit of this if you do not attend.
    Tutorials
    Please see details of tutorial assessment below.
    Tutorial “solutions” will not be posted to wattle. This is a university and we aim to develop
    independent learners. You will get the most out of tutorials by preparing well, coming to
    tutorials and participating in the discussion and making your own notes. If, after the tutorial,
    you are unsure about something you are welcome to attend your tutor’s consultation for
    clarification. You are also, always welcome to get feedback on written answers from your tutor
    in consultation time.
    With legal problems there is not always one correct answer or even one way of approaching
    the problem. I will provide an answer guide to the problem papers and the assignment. You
    will get specific feedback on your own papers and general feedback will be posted to wattle.
    The answer guides are not formatted as model answers but will indicate what the markers
    were looking for in terms of content.
    I will post two past exam papers which will be used for revision purposes in week 13. After the
    final lecture the answer guides will be posted to wattle to assist with your exam revision.
    6 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y
    COURSE ASSESSMENT
    Assessment Summary
    Item Title Value Due Date
    1 Problem paper 1 10% 23 August
    2 Assignment 15% 22 September
    3 Problem paper 2 10% 11 October
    4 Tutorial
    participation
    5%
    5 Exam 60% Final exam period
    All components of the above assessment are compulsory and must be submitted. To
    achieve an automatic pass grade in this course you must obtain 50% or more as an aggregate
    mark and a minimum score of 40% in the final exam to pass the subject.
    Learning Outcomes-Assessment
    How well have you achieved the learning outcomes for this course? Your lecturer makes this
    judgment based on your assignments and examination papers. This table illustrates how each
    assessment item provides evidence about your achievements against each learning outcome.
    Course Learning Outcomes
    Upon successful completion of
    the requirements for this course,
    students will be able to:
    Problem
    paper 1
    Problem
    paper 2
    Assignment Tutorial
    participation
    Examination
    Identify the sources of law in
    Australia: statute and judge
    made law
    x x x x x
    Explain some of the associated
    issues such as constitutional
    limitations on power, the
    hierarchy of courts
    x x
    Find current statements of case
    law and legislation regarding
    commercial legal issues
    x x x x
    Apply principles of statutory
    interpretation in a commercial
    legal context
    x x x x
    Apply the doctrine of precedent
    in a commercial legal context
    x x x x
    Identify legal issues in a problem
    scenario and apply the law to
    resolve those issues
    x x x x
    Understand the way the law will
    view a set of circumstances and
    why the law exists and know
    how to apply this to influence
    and inform decision making
    x x
    7 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y
    Assessment Task: Problem papers
    Details of task:
    Suggested Length 800 words (10% tolerance either way acceptable)
    Instructions Questions should be answered in IRAC style. You should
    remember to support your propositions by reference to cases and
    statutes where appropriate. Notes on IRAC will be posted to
    Wattle.
    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 Factor Examined
    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
    8 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y
    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 citations of cases and legislation
    in accordance with the Australian guide
    to Legal Citation.
    Layout/setting out (use of appropriate
    headings- clarity, ease of reading).
    presentation.
    Submission / Presentation
    Details
     Your problem papers must be submitted via Turnitin
    by 11pm on the due dates.
     Papers are to be word-processed. The use of strict,
    professional expression is expected.
    9 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y
    Assessment Task: Assignment
    Details of task:
    Suggested Length 1400 words (10% tolerance either way acceptable)
    Purpose
    To develop and assess students’ ability to state the law and to
    analyse, discuss and make informed comment on a topical legal
    issue.
    Marking Criteria
    Communication
    Demonstrated familiarity with readings/literature
    Analysis, discussion and argument
    Presentation
    Submission /
    Presentation Details
     Your assignment must be submitted via Turnitin by
    11pm on the due date.
     Papers are to be word-processed. The use of strict,
    professional expression is expected.
    Assessment Task: Tutorial participation details
    Value or Weighting (%) 5
    Marks 5
    Instructions You will also be assessed on your tutorial participation – you will be
    assessed on your contributions to tutorial discussion. Tutorial
    participation will be assessed in 5 weeks (these weeks will not be
    nominated to you in advance) and your best 2 marks will count..
    Purpose To give you an opportunity to develop and practise skills in group
    facilitation and discussion and to develop problem solving and
    discussion skills in a group setting.
    Marking Criteria
    Tutorial participation  Preparation – demonstrates good preparation -has read
    applicable cases and legislation and applied them to the
    problem.
     Offering of interpretation and analysis to discussion
     Contribution to discussion, responding to other student’s
    points, questions others in a constructive way
     Demonstrated consideration and respect for others
    Assignment Submission (Problem papers and Assignment)
    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 ANU Online.
    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.
    10 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y
    As a further integrity control, students may be randomly selected for a 15 minute individual
    oral examination of their written assessment.
    Extensions and Penalties
    Extensions and late submission of assessment pieces are covered by the Student
    Assessment (Coursework) Policy and Procedure.
    The Course Convener may grant extensions for assessment pieces that are not examinations
    or take-home examinations. If you need an extension, you must request it 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.
    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 specified in
    the course outline for the return of the assessment item/
    Returning Assignments
    During teaching periods assignments will be handed back in tutorials or will be available for
    collection from the RSA office. Please note that after the exam viewing sessions the
    assignments will be securely destroyed by the school office.
    Examinations
    In order to pass the course you must achieve a minimum 45% in the final examination.
    The final examination timetable is published on the following website:
    http://timetable.anu.edu.au/.
    Students will be advised of the format of the final examination closer to the time. It is an open
    book exam. You may take anything into the examination except electronic materials –
    electronic dictionaries are not allowed and any books or papers which infringe copyright are
    not allowed.
    If Multiple Choice Answer Sheets are to be used you will require a lead pencil (preferably 2B).
    An eraser and sharpener are also useful when using these sheets.
    Please note that the examination is worth 60%. In order to receive accounting body
    accreditation this course is required to have a minimum 50% examination.
    Scaling
    Your final mark for the course will be based on the raw marks allocated for each assignment
    or examination. However, your final mark may not be the same number as produced by that
    formula, as marks may be scaled. Any scaling applied will preserve the rank order of raw
    marks (i.e. if your raw mark exceeds that of another student, then your scaled mark will exceed
    or equal the scaled mark of that student), and may be either up or down.=
    11 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y
    Referencing Requirements
    Referencing is required in accordance with the Australian Guide to Legal Citation. A link will
    be provided on wattle and a shorter guide to the most common references will also be
    provided.
    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.
    READING LISTS
    Prescribed text
    Graw S, Parker D, Whitford K, Sangkuhl E and Do C, Understanding Business Law,
    seventh edition, LexisNexis Butterworths, 2015. (available at the Coop bookshop)
    Recommended reading
    Barron M, Fundamentals of Business Law, 7th edition, McGraw Hill 2013.
    Bender M and Do C, How to Pass Business Law, Wolters Kluwer, CCh, 2014.
    Cook C, Creyke R, Geddes R and Hamer D, Laying Down the Law ,Lexis Nexis
    Butterworths, 9th edition 2014.
    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, Second edition, Thomson
    Reuters 2015. (forthcoming 15/08/2015)
    Gamble, du Plessis, Neal, Principles of Business Law, Thomson Lawbook, 2008
    Gibson and Fraser, Business Law, Pearson Australia, 8th edition, 2013
    James N, Business Law, 3rd edition, 2013.
    12 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y
    Heilbronn G, Latimer P, Nielsen J and Pagone T, Introducing the Law, 7th edition, CCH,
    2008
    Latimer, P, Australian Business Law, Sydney CCH 33rd Edition 2014.
    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, fifth edition, LexisNexis
    Butterworths, 2013.
    Terry A and Giugni D, Business and the Law, 5th edition Cengage Learning, 2013.
    Turner C, Australian Commercial Law, Sydney, Thomson Lawbook, 30th edition 2014.
    Turner K, Ireland L, Krenus B and Pointon L, Essential Academic Skills, second edition
    Oxford, 2011.
    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 Online
     Laws of Australia – a Legal Encyclopaedia (through Legal Online)
     LexisNexis
     Westlaw AU
     Westlaw International
    (See also http://anulib.anu.edu.au/subjects/law/ for guidance on law e-resources).
    TUTORIAL AND/OR SEMINAR REGISTRATION
    Tutorial and /or Seminar signup for this course will be done via the Wattle website. Detailed
    information about signup times will be provided on Wattle or during your first lecture. When
    tutorials are available for enrolment, follow these steps:
    1. Log on to Wattle, and go to the course site.
    2. Click on the link “Tutorial signup here”
    3. On the right of the screen, click on the tab “Become Member of ……” for the tutorial
    class you wish to enter.
    4. Confirm your choice
    If you need to change your enrolment, you will be able to do so by clicking on the tab “Leave
    group…” and then re-enrol in another group. You will not be able to enrol in groups that have
    reached their maximum number. Please note that enrolment in ISIS must be finalised for you
    to have access to Wattle.
    13 | T H E A U S T R A L I A N N A T I O N A L U N I V E R S I T Y
    COMMUNICATION代写BUSN1101 Introduction to Commercial Law
    Email
    If necessary, the lecturers and tutors for this course will contact students on their official ANU
    student email address. Information about your enrolment and fees from the Registrar and
    Student Services' office will also be sent to this email address.
    Announcements
    Students are expected to check the Wattle site for announcements about this course, e.g.
    changes to timetables or notifications of cancellations. Notifications of emergency
    cancellations of lectures or tutorials will be posted on the door of the relevant room.
    Course URLs
    More information about this course may be found on:
    代写BUSN1101 Introduction to Commercial Law