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SWINBURNE COLLEGE PATHWAYS PROGRAMS COURSE CODE - LBUSDO2 DIPLOMA OF BUSINESS ( UNILINK )

Subject Code

LLCW

Title

LAW IN THE COMMERCIAL WORLD

Teaching Period

1.

Year

3

2013

Group

Unilink Diploma

Contact Details

Subject Convenor

Name

Telephone

Email

Paul Henning

9214.5333

phenning@swin.edu.au

9214.

@swin.edu.au

Director of Studies Teacher

Paul Henning

9214.5333

phenning@swin.edu.au

General Administration

Isobel Wroe

9214 4740

iwroe@swin.edu.au

Program Office

Room TD 194 Swinburne College

Key Contact

Juliet Simon Academic Manager

9214.6150

jsimon@swin.edu.au

( Unilink )TD194 2.

Learning and Teaching Structure One 2 hour lecture and two x 2 hour tutorials. In a semester, you would normally expect to spend on average, twelve and a half hours of total time ( formal contact time plus independent study time ) a week on a 12.5 credit points unit of study. In developing the English language competencies of international students all classes will be guided by the 10 Good Practices Principles as set down by the Australian Government. http://www.deewr.gov.au/HigherEducation/Publications/Pages/GoodPracticePrinciples.aspx

3. Email communication

- For privacy and reliability reasons Swinburne College will only communicate with you via your official Swinburne College email account. - It is your responsibility to check this account regularly for important official communication. - Your email account is; your student number @swin.edu.au 4. Special Needs If you have special needs you should advise your Academic Manager by the end of the second week of the teaching period. In addition, you are recommended to notify the Equity Office if you have not already done so. http://www.swinburne.edu.au/stuserv/equity Swinburne College – Pathways Unilink Program Prepared by Paul Henning – 13 October 2013 Valid for Teaching Period 3 of 2013.

1


5.

Module Outline

Scheduled Hours

90

Module Type

Core Elective

Pre/Co Requisites

Nil

Description / Aims

This Unit of study examines the Australian Legal System and the Australian lawmaking processes and institutions, the evolution of common and statute law and the relationship between them, and the impact that the law has on the operation of and activities in the commercial world. Students will be introduced to the areas of law that relate specifically to business and commercial activities: contract, corporations and tortious law, and the Australian Consumer Law. They will also be cognisant of the implications of a variety of legal situations in a business environment.

Learning Outcomes

1 Identify and demonstrate an understanding of the legal issues that impact upon business organisations. 2 Understand the development of common and statute law and their interaction, and explain how the relationship between them has changed over time to meet the needs of the commercial world. 3 Demonstrate an understanding of the laws that are significant in the contemporary business world, specifically contract law, corporations law, tort law and the Australian Consumer Law; and reflect on the need for these laws to regulate and promote the ethical operation of business.. 4 Demonstrate an understanding of the essential legal knowledge and the application of relevant laws to particular business situations to enable professional business functioning. 5 Demonstrate the remedies available to deal with problems or a breach of legal obligations in a business context.

6.

Weekly Schedule SWINBURNE COLLEGE - PATHWAYS PROGRAMS TIMELINE – TEACHING PERIOD 2

Week

Week

Topic and Learning Outcomes

Assessment/Exercises

Commencing Monday Introduction to Law

1

14 October

Learning Outcome 1.& 2

- Nature & Sources of Law. - The Australian Legal System - The Australian Constitution Introduction to Law ( cont )

2

21 October

- Finding and reading the law - Statutory Interpretation

Swinburne College – Pathways Unilink Program Prepared by Paul Henning – 13 October 2013 Valid for Teaching Period 3 of 2013.

2

Learning Outcomes 1. & 2


Contract Law.

3

28 October

Learning Outcomes 3, 4 & 5.

- Introduction, - Agreement ( Offer & Acceptance ) - Consideration, - Agency Contract Law ( cont )

4

05 November

-.Intention, Capacity & Privity

Learning Outcomes 3, 4 & 5.

-.Consent & Vitiating Factor

Melbourne Cup Holiday – Swinburne College closed Monday 05 November & Tuesday 06 November Contract Law ( cont )

5

11 November

- Representations & Terms.

Learning Outcomes 3, 4 & 5.

- e-commerce Contract Law ( cont )

6

18 November

- Enforcement

Learning Outcomes 3, 4 & 5.

- Remedies & the Contracts end

Test ( 25% )

Corporations Law

7

25 November

Learning Outcomes 3, 4 & 5.

-. Starting a Business -. Business Structures -. Sole Traders & Partnership

8

02 December

Corporations Law ( cont ) -.The Company -.Characteristics

Learning Outcomes 3, 4 & 5..

-.Rights & responsibilities -.Setting up a Company

9

09 December

Tort Law -.Introduction

Learning Outcomes 3, 4 & 5.

-.Deliberate Harm

10

16 December

Tort Law ( cont ) -.Careless Harm

Learning Outcomes 3, 4 & 5.

-.Financial Harm -.Consequences. Swinburne College closed from Friday 20 December until Monday 06 January 2014

11

12

06 January 2014

13 January

Consumer Law - Into to.Consumer Protection & -.Product Liability

Learning Outcomes 3, 4 & 5.

Consumers Law ( cont ) -.Regulation & Remedies -.Intellectual Property

Learning Outcomes 3, 4 & 5

Swinburne College – Pathways Unilink Program Prepared by Paul Henning – 13 October 2013 Valid for Teaching Period 3 of 2013.

3

Case Study due ( 25% )


Law and the Commercial World 13

20 January

-.Business environment Implications

Learning Outcomes 3, 4 & 5.

-.Courts and the Entrepreneur -.Entrepreneurs and the Company -.Exam Revision

14

7.

27 January

Exam Week

Examination ( 50% )

27 January to 31 January

Learning Outcomes 1 to 5

Assessment Matrix Details – Graded Assessment and Linkage

Assessment Outline (NB Assessment task to be linked to learning outcomes) Assessment Task

Weighting

Learning Outcomes

When Assessed

Test

25%

1 & 2.

Week 6

Case Study

25%

3, 4 & 5.

Week 12

Exam

50%

1,2,3,4 & 5.

Week 14

8.

Minimum requirements to pass this subject

In order to PASS this subject; You must achieve at least 25 / 50 in the FINAL EXAM and you must ALSO achieve a TOTAL FINAL MARK of at least 50 / 100.( 50% )

9.

Learning Resources

Text Books

“ Business Law “ - Nickolas James - John Wily & Sons Australia Ltd - 2nd Edition “ The Entrepreneur and the Law “ -Holland P, - BookPOD, Australia

Recommended “ Business Law “ - M.L.Barron - McGraw Hill - 5th Edit. Text Books

“ Justice & Outcomes “ - Beazer Humphries & Filippin - Oxford Uni Press - 11th Edit. “ The Australian Law Dictionary “ -,Oxford University Press - 2009 “ Corporations Law in Principle “ Woodward Bird & Sievers Thomson Lawbook 7th Edit. “ A Guide to Business Law “ - Carvan Miles Dowler Thomson - Lawbook - 15th Edit.

Swinburne College – Pathways Unilink Program Prepared by Paul Henning – 13 October 2013 Valid for Teaching Period 3 of 2013.

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Materials Resources

The Lecturer will announce and discuss these. Each week of the Teaching Program consists of readings, lectures, tutorials, computorial questions and answers, and Blackboard online materials.

Website Resources

Detailed on Swinburne College Blackboard for Commercial Law D.Bus004

10. Submission of assignments Assignments can be submitted through Blackboard or handed to the Teacher • • • • • • • •

• • •

Assignments need to follow the Harvard standard/style of presentation. A style brochure is available in the library Assignments are to be handed directly to the subject teacher on the prescribed day/date. Students need to ensure they keep a hard copy of any assignments they submit. This copy needs to be DATED. Keeping an electronic copy on file is not adequate. Students should note that Saturday and Sunday are deemed to be working days in the case of late submission of assignments. Plagiarism will not be permitted. Students need to attach an assignment declaration form available from the admin office Any assignment submitted after the designated due date and time will be penalised by deduction of 10% of the marks for each working day that the assignment is late. Late assignments will only be accepted without penalty if a student has a valid medical reason or an extension has been applied for and granted, in writing. Applications for Special Consideration in Assessment – TAFE accompanied by a Medical Impact Statement and Medical Certificate must be date stamped at Reception and submitted to your Academic Manager within 72 years of the Assignment due date. Any assignment that is more than five working days late will not be accepted for marking. Extensions will only be granted in exceptional circumstances and any request for an extension should be made, in writing, at least a week before the assignment is due. If a teacher designates that an assignment is to be handed in to the office, students must ensure that the assignment is date stamped by the Administration staff.

Resubmission of Assignments Students may resubmit an assignment or assessment piece that has not received a pass at the discretion of the subject convener. Re-submitted work can only achieve a pass grade. •

Assessments, Tests and Special Exams

Where a student has missed a test, in-class assessment or exam, a resit test or Special Exam will be made available without penalty only in cases where the Application for Special Consideration in Assessment TAFE form, accompanied by a Medical Impact Certificate date stamped at Reception and submitted to the appropriate Academic Manager within 72 hours of the assessment due date.

Resit tests will normally be held on the Wednesday morning following the original test date. The time and location for these tests is notified to approved students via email

Swinburne College – Pathways Unilink Program Prepared by Paul Henning – 13 October 2013 Valid for Teaching Period 3 of 2013.

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Related Links

Medical Impact Statement

http://www.swinburne.edu.au/corporate/registrar/student/Medical impact statement.pdf

Application for Special Consideration in Assessment – TAFE

http://www.swinburne.edu.au/studentoperations/docs/student/special consideration TAFE.pdf 11.

Blackboard site for this subject

Important information concerning this subject is placed on Blackboard, the Swinburne College course management system. It is your responsibility to access Blackboard on a regular basis. The address is; http://ilearn.swin.edu.au

12. Assessment Details and Marking Criteria

The considerations to be used in marking assignments and the standards needs to be achieved are shown below. The Case Study marking guide is attached hereto.

13. Plagiarism Swinburne College defines Plagiarism as the action or practice of taking and submitting or presenting thoughts, writings or other work of someone else as though it is our own work. Plagiarism includes any of the following, without full and appropriate acknowledgment of the original source(s): i)

The use of whole or part of a computer program written by another person;

Swinburne College – Pathways Unilink Program Prepared by Paul Henning – 13 October 2013 Valid for Teaching Period 3 of 2013.

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ii)

The use, in essays or other assessable work, of the whole or part of a written work from any source including but not limited to a book, journal, newspaper article, set of lecture notes, current or past student’s work, or any other person’s work, a website or database;

iii)

The paraphrasing of another’s work;

iv)

The use of musical composition, audio, visual, graphic and photographic models’

v)

The use of realia; that is objects, artefacts, costumes, models and the like.

Plagiarism also includes the preparation and production and submission or presentation of assignments or other work in conjunction with another person or other people when that work should be your own independent work. This remains plagiarism whether or not it is with the knowledge or consent of the other person or people. It should be noted that Swinburne College encourages its students to talk to staff, fellow students and other people who may be able to contribute to a student’s academic work but that where independent assignment is required, submitted or presented work must be the student’s own.

14. Student Feedback Swinburne College seeks student feedback in a number of ways, including through periodic surveys as part of the College’s approach to quality assurance and improvement.

Swinburne College – Pathways Unilink Program Prepared by Paul Henning – 13 October 2013 Valid for Teaching Period 3 of 2013.

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Assessment 2 A Case Study worth 25 % of the total subject marks, which is due in Week 12. Students will be given a Topic from the areas that they have studied including Contract Law, Corporations Law, Tort Law and the Australian Consumer Law. Students will be expected to write a Report of upto 1,500 words on the Topic that has been provided. Arguments should be supported with case law citations, statutory citations, and appropriate academic references where appropriate Students are also expected to research current materials, such as newspapers and websites, to support their arguments and to inform the Report.

Marking Guide

Mark

Actual

Comments M

Content Introduction: •

3

Identifying the legal issues involved.

Body: • • •

Identify the relevant legal rules. Apply the relevant legal rules to the facts. Logical ordering of ideas.

12

Conclusion: • •

1

Reach a definite conclusion. Outline any possible/potential consequences of that conclusion. 3

( N.B. ) Paragraphing: o o o

Clear topic sentences. Strong supporting sentences. Relevant facts/examples/quotes.

Language This includes: • • •

Grammar / Spelling. Linking words and phrases. Strong, persuasive language.

3

Research and Referencing This includes: • • •

Case Law (at least five citations). Statutory references. Harvard system.

4

TOTAL MARK (

Swinburne College – Pathways Unilink Program Prepared by Paul Henning – 13 October 2013 Valid for Teaching Period 3 of 2013.

8

/ 25

)

Llcw tp3 subject outline 2013  

Subject Outline

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