AGSM MBA PROGRAMS

MNGT 5384 LEGAL ASPECTS OF BUSINESS

COURSE OUTLINE SESSION 4, 2011

TABLE OF CONTENTS
1. COURSE STAFF 2. COURSE DETAILS 2.1 Teaching Times and Locations TBA 2.2 Units of Credit 2.3 Summary of Course 2.4 Course Aims and Relationship to Other Courses 2.5 Student Learning Outcomes 3. APPROACH TO LEARNING AND TEACHING IN THE COURSE 4. ASSESSMENT 4.1 Formal Requirements 4.2 Assessment Details 4.3 Late Submission 5. ACADEMIC HONESTY AND PLAGIARISM 6. COURSE RESOURCES 7. COURSE EVALUATION AND DEVELOPMENT 8. STUDENT RESPONSIBILITIES AND CONDUCT 9. ADDITIONAL STUDENT RESOURCES AND SUPPORT 10. COURSE SCHEDULE 1 1 1 1 1 1 1 2 3 4 4 4 9 10 10 11 11 12 13

1. COURSE STAFF
A/Professor Anil Hargovan (Lecturer in charge) School of Business Law and Taxation, Quad 2036 Phone: 9385-3577/3293 Email: a.hargovan@unsw.edu.au Bruce Gordon School of Business Law and Taxation, Quad 2045 Phone: 9385-3825 Email: b.gordon@unsw.edu.au Students are invited to consult with the lecturers on any aspect of the course. Students can approach the lecturers during class breaks or after class. Otherwise the best means to make contact is by email. Appointments can be made on request.

2. COURSE DETAILS
2.1 Teaching Times and Locations TBA 2.2 Units of Credit This course is a 6 credit unit course 2.3 Summary of Course This course introduces participants to key legal rules and principles that impact in the legal environment of commerce. The curriculum of the course centres on legal concepts of fundamental importance in the business world, particularly the law of contract, torts (negligence), intellectual property law and consumer protection law. The course will also cover contemporary legal issues in e-commerce and its impact on business. Personal liability issues, in the context of business operations, are also explored in this course. 2.4 Course Aims and Relationship to Other Courses 2.4.1 Course aims The broad aim of Legal Aspects of Business is to introduce students to the nature, role and processes of the law and the legal system, and to provide an overview of the operation and significance of major areas of substantive law with a key impact on business. The course aims to expose participants, without a legal background, to the legal framework in which business is conducted. Business law is a broad discipline. The introductory course, therefore, focuses on selected aspects of the discipline which can be viewed as being fundamental to business strategy and operations. Particular issues covered include: Operation of the legal system

MNGT5384 Legal Aspects of Business

Regulation of business transactions under the law of contract Impact of statutory developments on freedom of contract Consumer protection law (misleading and unconscionable conduct) Promotion of competition and fair trading Tort (negligence) in the business world Intellectual property law E-Commerce (impact on contracts and intellectual property)

MNGT 5384 Legal Aspects of Business is offered as an elective course in the AGSM MBA Program. The course presupposes no prior legal training or education. There are no pre-requisites or co-requisites. 2.4.2 Relationship to Other Courses

Participants may wish to consider enrolment in MNGT 5391 Law of Corporate Management and Finance, an elective course in the MBA Program. The aim of MNGT 5391 is to explain basic principles of Australian corporate and finance law and the duties and liabilities of directors and officers during corporate management. The course contains essential knowledge for all managers on the subject of corporate governance, studied from a legal perspective and based on case studies with reference to the top 500 listed ASX companies. The course presupposes no prior legal training or education. There are no pre-requisites or co-requisites. It would be helpful, however, to have completed Legal Aspects of Business, as more time is spent in that course introducing participants to basic legal concepts outside of corporate law. Participants are also advised to consider enrolment in MNGT 5396 Corporations: Law, Tax and Strategy, an elective course in the MBA Program. The aim of MNGT 5396 is to study the relationship between corporate law, taxation law and business decision making. Its focus is on areas where corporate and tax law considerations have a significant influence on business decision making, for example, in areas such as corporate distributions, reorganisations and mergers. The course examines real life examples of problems and issues that arise in these areas. The course presupposes no prior legal training or education. There are no pre-requisites or co-requisites. It would be helpful, however, to have completed Legal Aspects of Business, as more time is spent in that course introducing participants to basic legal concepts outside of corporate and tax law.

2.5 Student Learning Outcomes By the end of this course, you should be able to: 1. Explain sources of law in Australia, the role of the constitution and its influence on business law; 2. Acquire a working knowledge of how the legal system operates in Australia; 3. Analyse the law on contract; 4. Evaluate whether there is freedom of, or freedom from, contract; 5. Explain the types of liability in negligence; 6. Evaluate the impact of e-commerce on contracts and intellectual property; 7. Acquire an ability to appreciate and manage legal risk;

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8. Articulate and apply basic principles of business law in a rational and coherent manner; 9. Analyse facts by the application of legal principles and differentiate whether the legal principles are sourced from statute law or common law cases; 10. Develop an awareness of the policy choices that underpin and are reflected in business law 11. Develop critical and analytical thinking skills. MBA Program Learning Goals This course contributes to the development of the MBA Program Learning Goals, which are the qualities, skills and understandings we want you to have by the completion of your degree, as indicated below:
Course Learning Outcomes MBA Program Learning Goals

1. An in-depth engagement with the relevant disciplinary knowledge in its interdisciplinary context 2. Team based skills 3. Critical and analytical thinking 4. Decision-making and problem-solving 5. An ability to manage change

3. APPROACH TO LEARNING AND TEACHING IN THE COURSE

3.1 Approach to Learning and Teaching This course is conducted with the aim of promoting student-centred learning. This aim will be achieved by requiring students to engage with the topics presented in the course through independent reading of the text book, handouts, newspapers and/or on the internet as part of the required weekly readings. The Individual Research Assignment and the Group Assignment assessment in this course is designed to encourage the student to apply the knowledge learned in the lecture, reading and outside research; as well as the skills developed in preparation and presentation of Group Assignment problems; to practical legal problems of the type they may encounter in the work environment. 3.2 Learning Activities and Teaching Strategies Lectures and Group Assignment problems Lectures are an essential part of learning. Lectures do not summarise or replace the required reading in the textbook. You should not rely on your lecture notes as the sole source of learning for this course. The readings from the textbook place the lecture material in its proper context and provide the full understanding of the topic that is needed for successful completion of the course. The purpose of the lecture is to highlight key aspects of the subject, not to fully explain the weeks topic. You are expected to study the prescribed text and any reading material provided and to engage with sources outside the prescribed texts, such as information in daily newspapers and/or on the internet.

MNGT5384 Legal Aspects of Business

During the class period, students will also present proposed answers to Group Assignment problems related to the previous weeks lecture material. These legal problem questions provide students with an opportunity to develop proficiency in their team work, oral communication skills and the development of an analytical approach to problem solving in a structured case study environment. Students will also hand in a written answer to the Group Assignment problems they are assigned which develops team work, their proficiency in written communication and their ability to resolve legal issues in a structured manner. ALL students are expected to attempt a written solution to each of the Group Assignment problems PRIOR to the Group presentation in class, which will enable students not presenting that week to compare their solution with the presented solution, thereby engendering discussion and the practical problem solving experience necessary to complete the Individual Research assignment with proficiency. The discussion of the Group Assignment problems presented in class is the primary form of feedback students receive in legal problem solving and how they are progressing in the course. Failure to attempt a solution to the Group Assignment problems each week will result in students not taking full benefit of this feedback. Model answers to the Group Assignment problems will not be handed out, as the discussion of the presented problem will indicate the appropriate solution process.

4. ASSESSMENT
4.1 Formal Requirements In order to pass this course, you must: achieve a composite mark of at least 50; and make a satisfactory attempt at all assessment tasks. 4.2 Assessment Details
Assessment Task Mid-session exam (Open book) Group Assignment (Written and Oral presentation) Individual Research Assignment Weighting 20% Learning Outcomes assessed In-depth engagement with disciplinary knowledge Critical and analytical thinking and problem solving skills; team based skills Critical and analytical thinking and problem solving skills Length 1 hour duration 1,000 words Due Date Week 6

30%

TBA in Week 1

50%

3,000 words

Week 12

Mid-session examination Weight 20% Material up to the end of week 4 lectures will be examined in this examination. The examination will consist of short answer questions, problem questions (no more than one page of facts) and may also include multiple choice questions The examination will be 60 minutes long. Exam conditions will apply:

MNGT5384 Legal Aspects of Business

You must display your student ID card during the examination. Open book, ie you may bring your text book, highlighted and/or underlined but otherwise unmarked and unannotated. You may use a bilingual dictionary, unmarked and unannotated in book form; but NOT a law or business dictionary.

The rationale for the mid-session examination is to encourage students to consolidate the basic principles underlying the legal system and its operation as well as contract law before proceeding onto subject areas where this conceptual framework is assumed. The mid-session examination also provides summative evaluation feedback on the students progress in the course. The rationale for an open book examination is to make the examination as non-confrontational as possible while requiring students to have consolidated the early learning in the course. Students should not expect that they will have sufficient time in the examination to either check or look up the correct answer to each question in the textbook; rather the availability of the textbook is to alleviate total dependence on memory and reward students who have read the textbook and organised their material so that they may access quickly areas examined where their memory is not precise. Group Assignment The group assignment is weighted at 30%; broken down into 20% for the written paper and 10% for the presentation. The size of each group will be determined in Week 1 when enrolment is known. Students will be allowed to form their own groups, or will be placed into groups if they do not have a group preference, in Week 2s class. Group assignment problems will be handed out and presentation dates will be assigned for each group in Week 2. Class Presentation of Group assignment problem Weight 10% Each group will give an oral presentation (with or without slides) of the proposed legal solution to group assignment problem question assigned. The presentation should not be a mere reading of the groups written answer to the group assignment problem, rather it should be a digest of the major points in the solution of the group assignment problem focusing in particular on any cases or statute law necessary to reach the solution. Part of the presentation assessment will be the ability of the group members to answer questions raised by students not presenting and the lecturer in relation to the proposed solution. Written answer to Group assignment problem Weight 20% Each group will submit a written answer for the group assignment problem they are assigned to present. Students must use the MIRAT format for any problem questions which will be explained in the separate Style Guide and discussed in class before the first Group Assignment is due. A 1,000 word limit is expected and relates only to the AT portions of the MIRAT format. For non-problem question group assignment problems, specific instructions will be given as to format in the separate Style Guide. Written answers will be assessed on: Correct identification of the legal issues where applicable, correct use of the MIRAT format

MNGT5384 Legal Aspects of Business

Understanding of the practical application of the law involved to the facts of the question, whether this is common law or statutory law or both Evidence of research beyond the textbook Evidence of a full and comprehensive argument taking into account differing viewpoints and alternative arguments Correct referencing of sources. Note; your referencing must follow the Australian Guide to Legal Citation: http://mulr.law.unimelb.edu.au/aglc.asp

Individual Research Assignment Weight: 50% Word Limit: 3,000 words; +/- 10% will be accepted. Due: 31 March 2011 This task will give you a choice of 2 different types of assignment. It is expected that most students will choose Option 1. If you would like to do Option 2, you must obtain the Lecturer in Charges written consent before you finalise your choice (by 3 February see below). Option 1: This assignment is your major piece of assessment for this course, and asks you to apply your learning to your workplace, profession or industry. There are three different paper topics, from which you should choose one. As this is a major assignment, you should discuss your choice of paper and its plan with your lecturer early in your preparation. All material submitted will be treated in confidence. Paper 1: Negligence With reference to your workplace, discuss the impact of the tort of negligence on a particular activity (or activities), and consider actual or suggested initiatives to minimise liability. NOTE: Students should note that although the OH & S guidelines and statutes replicate to a certain degree the principles of the tort of negligence, this Option is not an OH & S specific topic. Assessment criteria Outline of the tort of negligence and its impact on particular activities within your workplace Outline of areas of particular vulnerability within your workplace Initiatives that have been, or could be, introduced to minimise liability Appropriate presentation, structure, referencing, assignment length 40% 20% 30% 10%

Paper 2: Trade Practices In the context of your workplace, discuss the operation and significance of either: (a) One of the restrictive trade practices under Part IV Trade Practices Act 1974 (Cth). OR (b) One of the consumer protection/fair trading provisions of Part IVA (Unconscionable Conduct), Part V (Consumer Protection) or Part VA (Liability

MNGT5384 Legal Aspects of Business

of Manufacturers and Importers for Defective Goods) of the Trade Practices Act 1974 (Cth). Assessment criteria Outline of operation of the particular provision Significance and impact of the provision in the context of your workplace Issues in the application of the provision to practices in your workplace Appropriate presentation, structure, referencing, assignment length 30% 30% 30% 10%

Paper 3: Intellectual Property Choose an item of intellectual property used in your workplace and discuss key legal and commercial issues in its development, protection, enforcement and management. Note: Students choosing this Option should proactively discuss the proposed options item of IP with the lecturer to ensure the assessment criteria below is appropriate for the chosen IP Assessment criteria: Description of item of intellectual property Full discussion of its development Full discussion of its protection Full discussion of the management of its protection and enforcement Appropriate presentation, structure, referencing, assignment length 10% 15% 50% 15% 10%

Option 2: This option provides you with the opportunity of engaging in the policy making stage of the development of law.
Regulations are essential for the proper functioning of society and the economy. They include any laws or other government-endorsed rules where there is an expectation of compliance. The challenge for governments is to deliver effective and efficient regulation regulation that is effective in addressing an identified problem and efficient in terms of 1 maximising the benefits to the community, taking account of the costs. A pre-requisite to governments delivering effective regulation is that it should be based on evidence, demonstrating that enacting new or amending existing regulations would be better than the status quo. As Gary Banks states: Half the battle is understanding the problem. Failure to do this properly is one of the most common causes of policy failure and 2 poor regulation. There is nothing a Government hates more than to be well-informed, for it makes the process of arriving at decisions much more complicated and difficult.3
1

Australian Government, Department of Finance and Deregulation, Office of Best Practice Regulation, <http://www.finance.gov.au/deregulation/index.html> at 10 February 2010. 2 Gary Banks, Evidence-based policy-making: What is it? How do we get it? Chairman, Productivity Commission, (Paper presented at ANZSOG/ANU Public Lecture Series, Canberra, 4 February, 2009). <http://www.pc.gov.au/speeches/cs20090204> 8. 3 Lord Keynes, quoted by Gary Banks, above n 2, 19.

MNGT5384 Legal Aspects of Business

Over time, some laws need to change to remain relevant to the needs of society and the world at large. In business or in your private life you will discover areas of law that do not work well, or a client may ask you to draft a submission about an area of law that does not work well for them.

Option 2 requires you to create a written submission to a Federal or NSW government review in an area where you believe the law is not currently serving society or the business community as well as it could. Assessment requirements if you wish to do Option 2: Find a current inquiry to which you would like to make a submission. The inquiry will be any inquiry being conducted by any State government or the Commonwealth government in Australia, or by the Australian Law Reform Commission or the Productivity Commission that is calling for public submissions. Create a written submission. The following websites are a starting point: http://www.pc.gov.au/projects (Productivity Commission) https://consultation.business.gov.au/Consultation/ Timing for Option 2: On or before 27 January you must let the Lecturer in charge know (by email or written document in class) that you are considering doing Option 2. The email must provide a short (no more than 200 words) explanation of: Why the inquiry interests you What expertise/ experience qualifies you to make a submission, and What you hope to gain from creating the submission. On or before 3 February you must obtain written approval of your choice to complete Option 2 from the Lecturer in Charge. Due: Thursday 7 April 2011 at noon. Submit as indicated below at 4.2.1: A completed Individual Research Assignment cover sheet A copy of your submission that addresses the Terms of Reference A copy of the Terms of Reference obtained from the inquiry website and the link to the inquiry (as an attachment to your paper) Marking criteria for Option 2: Option 2 will be marked out of 50 marks. The final mark will take into account the extent to which you: followed the instructions above and demonstrated an understanding of the background issues wrote a valuable and legitimate submission that addressed the Terms of Reference of the inquiry. Option 2 fulfils the aims of the course by assessing: your understanding of the structure and key principles underlying the Australian legal system, and in particular how it is possible for members of the public and the professions to have an impact on government policy and, thus, on the law. your written communication skills

MNGT5384 Legal Aspects of Business

your ability to analyse a commercial business problem and consider the feasibility of possible solutions and possible challenges to your proposed solution

Students who wish to consider Option 2 must notify their interest to the lecturer in charge no later than 27 January (see above) and must obtain written approval for their choice by 3 February. Students who fail to gain written approval by 3 February will be deemed to have chosen Option 1. 4.2.1 Submission procedure for Assignments

Group Assignment Submission Procedure The written answer for the Group Assignment is to be submitted in Blackboard using the Turnitin Assignment feature with the file to be submitted named in the following style: Groupname_Week(presentation week)_4-11.doc (or .docx) for example: Group1_Week5_4-11.doc The written answer to the tutorial problem is to be submitted by noon on the day before the class in which the answer is to be presented. Groups must also submit a paper copy of the Group Assignment in class on the day they present their answer. Written answers must include a Group Assignment Cover sheet available on Blackboard, indicate each students name and student number in the Group and be signed by each member of the Group. A detailed Style Guide for written assignments will be handed out and discussed before the first written answer to Group Assignment is due. The Style Guide will also be applicable to the Major Assignment Option 1. Individual Research Assignment Submission Procedure The Individual Research Assignments are due by noon on Thursday 7 April 2011. The Individual Research Assignment is to be submitted in Blackboard using the Turnitin Assignment feature with the file to be submitted named in the following style: student surname_Assignment_4-11MNGT5384.doc (or docx) for example: Gordon_Assignment_4-11MNGT5384.doc Written answers must include an appropriately filled in Individual Assignment Cover sheet available on Blackboard. 4.3 Late Submission AGSM MBA Programs applies a daily penalty of 5% to late assignments. This policy was reviewed in October 2009 in light of the fact that certain schools within the Australian School of Business apply a 10% penalty. The decision of AGSM MBA Programs following this review was that current 5% penalty is appropriate to all of our programs and will remain unchanged. Refer to policy on http://www.asb.unsw.edu.au/currentstudents/agsmmba/academicinformation/assessm entsandexaminations/Pages/default.aspx#penalties

MNGT5384 Legal Aspects of Business

5. ACADEMIC HONESTY AND PLAGIARISM

Plagiarism is the presentation of the thoughts and words of another as your own. The University regards plagiarism as a form of academic misconduct, and has very strict rules regarding it. For advice on acknowledging your sources and referencing correctly to avoid plagiarism see the AGSM manual, Managing Your Learning (Section 8) and the UNSW Plagiarism and Academic Integrity webpage. You should also familiarise yourself with the information regarding academic misconduct and the appeals process on the UNSW website: Academic Misconduct https://my.unsw.edu.au/student/academiclife/assessment/AcademicMisconductStudent Misconduct.html Student Complaint Policy http://www.policy.unsw.edu.au/policy/Student_Complaint_Policy.htm

6. COURSE RESOURCES
Prescribed Text Terry & Giugni, Business and the Law, 5th edition, 2009, Cengage Learning Additional Materials Texts There are a number of other texts that you may find useful (be careful to use the most recent edition if there is more than one edition of the book.). Carvan, Understanding the Australian Legal System, 5th ed. 2005 (LBC) Enright C., Legal Technique 2002 (The Federation Press) (note: The earlier edition of this book, Understanding the Law, is also useful.) Gillies, Business Law (Federation Press) Khoury & Yamouni, Understanding Contract Law (Butterworths) Turner, Australian Commercial Law, 27th ed, Lawbook Co, Thomson Reuters Latimer, Australian Business Law, 29th ed, 2010 or 30th ed, 2011(CCH) Gibson, Rigby, Tamsitt, Commercial Law in Principle (LBC) Barron, Fundamentals of Business Law McGraw Hill Reference Materials An excellent general reference that can aid students in identifying and accurately stating legal rules for the MIRAT format is the Halsburys Laws of Australia series which is available in the UNSW Law School Library and on-line through the Librarys Sirius search engine. All students should have access to a good legal dictionary. Students should also be aware of appropriate study techniques and legal referencing protocols (the Australian Guide to Legal Citation: http://mulr.law.unimelb.edu.au/aglc.asp is excellent for this). Any of the following books are recommended for these purposes. Many of them are available from the UNSW Law School library. Campbell et al, Students Guide to Legal Writing (The Federation Press) Crosling & Murphy, How to Study Business Law Butterworths). Gibson and Fraser, Business Law, 3rd edition 2007 (Pearson)

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Krever, Mastering Law Studies and Law Exam Techniques, 5th ed. 2001, (Butterworths). Keyzer, Legal Problem Solving: a Guide for Law Students, 2nd ed. 2002, (Butterworths). Macdonald and Clarke-Dixon, Clear and Precise Writing Skills for todays lawyer, 2nd ed, 2005, Thomson General Web References Austlii (legal database including cases, journal articles, reports) www.austlii.edu.au (the Cth Attorney-Generals website http://www.comlaw.gov.au/ Commonwealth legislation and links to State and Territory legislation) including

Lawlex (a private companys website offering consolidated lists of current legislation and links to ScalePlus) http://www.lawlex.com.au NSW Attorney-Generals website www.lawlink.nsw.gov.au The Australian Competition and Consumer Commission www.accc.gov.au IPAustralia (Comonwealth Govt http://www.ipaustralia.gov.au Electronic Databases The UNSW library subscribes to several electronic databases, including Halsburys Laws of Australia, which is part of the LexisNexis legal database. Of particular relevance to this course is the CCH electronic database. The UNSW library electronic databases can be accessed via the UNSW website: http://www.unsw.edu.au. UNSW Library information: http://info.library.unsw.edu.au/web/services/services.html Intellectual Property website)

7. COURSE EVALUATION AND DEVELOPMENT

Mid and end of session feedback is sought from students about the courses offered in the School and continual improvements are made based on this feedback. Significant changes to courses and programs within the School are communicated to subsequent cohorts to students. For this year specific change was made, based on student feedback, to introduce the two week Integrative Experience in Weeks 11 & 12 of Session in order for students to apply all the disciplines learned in all the core courses and included: Continue to provide substantive foundation Facilitate integration of concepts from core subjects Simulation, competition Substantive integration with adaptive leadership skills Finance, Ops, Data Analysis, Marketing, Strategy

8. STUDENT RESPONSIBILITIES AND CONDUCT

AGSMs reputation is dependent on the conduct of the members of its community. We expect the conduct of our students to be fair and responsible at all times. Information and AGSM policies on student responsibilities and conduct, including

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academic misconduct, equity, and grievance procedures, can be found at http://www.asb.unsw.edu.au/currentstudents/agsmmba/studentresources/studentsright sandresponsibilities/Pages/default.aspx For information on AGSM attendance requirements, procedures for granting special consideration and supplementary examinations, see http://www.asb.unsw.edu.au/currentstudents/agsmmba/academicinformation/programr equirements/Pages/mba.aspx Students are also expected to be familiar with and adhere to University of New South Wales policies in relation to general conduct and responsibilities. See UNSW A-Z Student Guide. See, especially, information on Attendance and Absence, Academic Misconduct, Assessment Information, Examinations, Special Consideration, Student Responsibilities and Workload, and policies such as Occupational Health and Safety: https://my.unsw.edu.au/student/atoz/OccupationalHealth.html From time to time, the University will send important announcements to your university e-mail address without providing you with a paper copy. You will be deemed to have received this information. It is also your responsibility to keep the University informed of all changes to your contact details

9. ADDITIONAL STUDENT RESOURCES AND SUPPORT

The University and the Australian School of Business provide a wide range of support services for students, including: AGSM manual: Managing Your Learning ASB Education Development Unit (EDU) (www.business.unsw.edu.au/edu) Academic writing, study skills and maths support specifically for ASB, AGSM and MBT students. Services include workshops, online and printed resources, and individual consultations. EDU Office: Room GO7, Ground Floor, ASB Building (opposite Student Centre); Ph: 9385 5584; Email: edu@unsw.edu.au UNSW Learning Centre (www.lc.unsw.edu.au) Academic skills support services, including workshops and resources, for all UNSW students. See website for details. Library training and search support services: http://info.library.unsw.edu.au e Learning information: elearning@agsm.edu.au UNSW IT Service Desk: Technical support for problems logging in to websites, downloading documents etc. Library, Level 2; Ph: 9385 1333. Website: www.its.unsw.edu.au/support/support_home.html UNSW Counselling Service (http://www.counselling.unsw.edu.au) Free, confidential service for problems of a personal or academic nature; and workshops on study issues such as Coping With Stress and Procrastination. Office: Level 2, Quadrangle East Wing; Ph: 9385 5418 Student Equity & Disabilities Unit (http://www.studentequity.unsw.edu.au) Advice regarding equity and diversity issues, and support for students who have a disability or disadvantage that interferes with their learning. Office: Ground Floor, John Goodsell Building; Ph: 9385 4734

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10. COURSE SCHEDULE

Week Lecture Topic Text Readings Also relevant

1 13 Jan BG

Introduction to the Law and Legal Systems The Australian Legal System

Nature of Law, Sources of Law Classifications of Law Origins of the Australian legal system Structural elements of the Australian legal system
A. An introduction to the basic concepts of constitutional law in Australia at both the Federal and State levels of government: source of legislative power, functions of the 3 branches of government (legislature, executive and judiciary) and "separation of powers and division of powers. B. Conflict between State and Federal laws C. Delegated legislation D. Structure and hierarchy of the court system. E. The operation of precedent and common law reasoning. F. Principles of statutory interpretation. The nature of contract law. The essential elements of contracts. Rules on offer, acceptance, consideration What can make the contract unenforceable? Genuine consent Contract Terms & Exemption clauses Ending the contract Remedies for breach of contract Restraint of trade Common law and statutory position Case Studies The exam will commence at 9.35 am and last for 60 minutes.

Chapters 1 2

www.aph.gov.au

(Weeks 1 and 2 are taught as continuous block and are separated here only for convenience)

The Constitution Legislation The Court System and the Judiciary Legal reasoning

Chapters 3, 5.1-5.5, 6 Australian Constitution www.aph.gov.au www.law.gov.au/ www.comlaw.gov.au/ Chapters 4, 5.6

www.legislation.nsw.gov.au

2 20 Jan BG

3 27 Jan AH

Contract

Chapter 12

Walton Stores v Maher [1988] HCA 7

4 3 Feb AH

Contract

Chapter 12

Commercial Bank of Australia v Amadio [1983] HCA 14 Artedomus v Del Casale [2006] NSWSC 146 Metcash Jardim (No 3) [2010] NSWSC 1096

5 10 Feb AH 6 17 Feb BG

Contract MID SESSION EXAM

Chapter 7

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10. Course Schedule (continued)

Week Lecture Topic Text Readings Also relevant
Trade Practices Act 1974 (Cth):

7 24 Feb AH

Consumer Protection (Statutory intervention in Contract Law)

Consumer protection through Federal legislation with an emphasis on the Competition and Consumer Act 2010 (Cth)

Chapters 20, 21, 22, 23.9 23.16

Part V: Div 1, s. 52; Div 2, s. 66-74 and s. 75A Part IVA: s 51AA-AC Note: References will be to the equivalent provisions under the Competition and Consumer Act 2010 (Cth) effective 1 Jan 2011

8 3 March BG

Intellectual Property

Trademark (Registered and unregistered rights) Copyright Patents Registered Designs Confidential Information and trade secrets Contract formation issues Domain names

Chapters 11.5, & 26

www.ipaustralia.gov.au

9 10 March BG

E-Commerce

Chapter 32

Australian Guidelines for Electronic Commerce http://www.treasury.gov.a u/contentitem.asp?NavId= 014&ContentID=1083

10 17 March AH

Torts in the Business World

Negligence Liability for economic loss Negligent misstatements Liability of advisers Accountants and auditors liability Strategies to restrict liability of professionals

Chapter 10 (briefly) Chapter 31

Civil Liability Act 2002 (NSW)

11 24 March AH

Torts in the Business World

Employers duty of care to provide safe system of work Vicarious liability of employer Directors and officers liability under Occupational Health and Safety Act (NSW)

Case Studies

Andar Transport Pty Ltd v Brambles Ltd (2004) HCA Inspector James v Ryan (No 3) [2010] NSWIRComm 127; Ken Kumar v Richie [2006] NSWIRComm 323 Chan v Zacharia (1984) Salomon v Salomon [1897] Stake Man Case (2009) ASIC v Vizard (2005)

12 31 March AH

Business Structures (Fiduciary Duties/Liability Issues)

Structures through which businesses are conducted: Sole traders Partnership Company Joint Venture Trust Case Studies

Chapters 13, 14, & 15

13 7 April

Major Assignment due

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