Year
2024Credit points
10Campus offering
Prerequisites
NilTeaching organisation
150 hours over a twelve-week semester or equivalent study period
Unit rationale, description and aim
Business law, also called commercial law, is a term which potentially includes anything that directly or indirectly concerns the central activity of commerce, i.e. the exchange of goods and services. As most commercial exchanges of goods and services are based on contract, the law of contract is at the heart of business law. In addition to the principles of business law, a basic knowledge of the principles of property law is also required because the exchange of goods involves a transfer of title from seller to buyer. This unit introduces students to the basic principles of law, particularly as they relate to business, and examines this through two fundamental commercial activities, setting up a business and undertaking commercial transactions.
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.
| Learning Outcome Number | Learning Outcome Description |
|---|---|
| LO1 | Identify and explain the legal issues that impact business organisations |
| LO2 | Critically describe the interaction between common law and statute law |
| LO3 | Discuss the current status of business law in areas of contract law, company law, tort law and the Australian Consumer Law |
| LO4 | Analyse legal problems within a business context and commercial setting |
Content
Topics will include:
- The Australian Legal System
- The Australian Constitution
- Formation of Contract - Principles and Elements
- Terms, parties, Breach of Contract & Remedies
- Business Structures: Sole Trader, Partnerships, Companies and Trusts
- Tort Law – Manufacturer’s Liability, Negligence & Negligent Advice
- Consumer Protection – Australian Consumer Law
- Misleading or Deceptive Conduct and Unconscionable Conduct
Learning and teaching strategy and rationale
Mode of delivery:
The unit will be offered in different modes, namely “Attendance” mode “Blended” mode and “Online” mode.
Attendance Mode
Lectures, tutorials and/or workshops will require face-to-face attendance on campus. Learning and teaching strategies will include lectures being used to introduce and explore concepts and issues. Tutorials and workshops will enhance understanding and develop skills. They will involve guided discussion, demonstration problems and case studies.
Blended Mode
In the blended mode, the unit will involve a mix of face-to-face and online delivery, utilising the University’s online platforms. The blended mode of delivery provides for flexible learning including recorded lectures and online assessments.
ACU Online
This unit uses an active learning approach to support students in the exploration of knowledge essential to the discipline. Students are provided with choice and variety in how they learn. Students are encouraged to contribute to asynchronous weekly discussions. Active learning opportunities provide students with opportunities to practice and apply their learning in situations similar to their future professions. Activities encourage students to bring their own examples to demonstrate understanding, application and engage constructively with their peers. Students receive regular and timely feedback on their learning, which includes information on their progress.
Assessment strategy and rationale
A range of assessment procedures will be used to meet the unit learning outcomes and develop graduate attributes consistent with University assessment requirements. Such procedures may include, but are not limited to: essays, reports, examinations, student presentations, tutorial participation and engagement, online quizzes or case studies.
The overview of the assessment table is provided below under different delivery modes.
Overview of assessments
Attendance and Blended Mode:
| Brief Description of Kind and Purpose of Assessment Tasks | Weighting | Learning Outcomes |
|---|---|---|
Assessment Task 1: Case Study Moot Presentation This assessment task consists of a 15-20 minute oral presentation and a 500 word written submission. Students undertake both a written and verbal presentation which analyses a given legal problem. Students are expected to undertake legal research and to develop a coherent and well-reasoned legal argument that is both persuasive and articulate. Alternatively, students will be assessed on active participation and engagement within tutorials, attempting problems and answering questions. Submission type: Individual & Group Assessment Method: Case Study Moot Presentation Artefact: Presentation notes | 30% | LO2, LO4 |
Assessment Task 2: Research Report This assessment task consists of a 1000-1250 word written report. This task requires students to demonstrate the ability to research an area of business law and to provide written advice that is supported by relevant legal principles. Alternatively, an online quiz consisting of multiple-choice answers and true/false responses will be administered online. Submission type: Individual Assessment Method: Research Report Artefact: Written report | 40% | LO1 |
Assessment Task 3: Individual Presentation This task is an invigilated presentation. Students are required to present the application of their knowledge to a real-life case study considering relevant business laws during the final assessment period. Submission type: Individual Assessment Method: Presentation Artefact: Presentation (equivalent 1500 words) | 30% | LO3, LO4 |
Representative texts and references
Ciro T, Goldwasser V & Verma R 2020 (or latest edition), Law and business, 5thedn, Oxford University Press, Melbourne
Ardagh A 2016, Business law of Australia – Butterworths Q & A series, 2nd edition Lexis Nexis Butterworths, Sydney
Gibson A & Fraser D 2017, Business Law, 10th edn, Pearson Education Australia, Sydney. Graw S, An introduction to the law of contract, 2014, 8th edn, Law Book Co, Sydney.
Latimer P, Australian Business Law 2017, 36th Edition, OUP, Australia
Turner C, Trone J, 2016, Australian Commercial Law, 31st Edition, Thompson Reuters, Australia.