Curtin Business School School of Business Law and Taxation Unit Outline 11011 Business Law 100 Semester 1, 2013 Unit study package number: Mode of study: Tuition pattern summary: Credit Value: Pre-requisite units: Co-requisite units: Anti-requisite units: Result type: Approved incidental fees: Unit coordinator: 11011 Internal Seminar: 1 x 3 Hours Weekly This unit does not have a fieldwork component. 25. 0 Nil Nil Nil Grade/Mark Information about approved incidental fees can be obtained from our website. Visit fees. curtin. edu. au/incidental_fees. cfm for details.
Name: Phone: Email: Building: Room: Consultation times: Name: Phone: Email: Name: Phone: Email: Building: Room: Christian Duperouzel +618 9266 7105 C. [email protected] edu. au 407 325 Tuesday 11AM to 1PM and Thursday 10AM to 12PM Teaching Staff: Meenakshi Jamaloodeen + 230 401 6511 M. [email protected] curtin. edu. au Christian Duperouzel +618 9266 7105 C. [email protected] edu. au 407 325 Administrative contact: Learning Management System: Blackboard (lms. curtin. edu. au) 11011 Business Law 100 Charles Telfair Inst Mauritius 23 Jan 2013 School of Business Law and Taxation, Curtin Business School
Page: 1 of 11 CRICOS Provider Code WA 00301J, NSW 02637B Curtin Business School School of Business Law and Taxation Acknowledgement of Country We respectfully acknowledge the Indigenous Elders, custodians, their descendants and kin of this land past and present. Syllabus An introduction to law with a business focus. Students examine the nature and sources of law in Australia. Key aspects of civil law as they relate to business are explored with a particular emphasis on contract law. Introduction Welcome to Business Law 100. We hope that this unit is an interesting and valuable learning experience for you.
Please read this unit outline carefully as it contains important information. This unit aims to provide you with an introduction to the legal system and an understanding of how law is relevant in business. In fact, no business transaction can occur without contemplation of the applicable law. The focus of your study will be on a number of specific areas of the law that arise for consideration in most commercial transactions, whether in Australia or internationally. This unit also teaches you how to construct a coherent and logical legal argument when analysing and solving case studies. Learning Outcomes
On successful completion of this unit students can: 1 Interpret and apply the basic legal rules and principles arising in the Australian legal system 2 Demonstrate an understanding of the principal concepts and sources of law in Australia to identify and analyse legal issues 3 Construct a coherent and logical legal argument using the four step process approach 4 Apply relevant legal concepts and principles to analyse and solve case studies Graduate Attributes addressed Curtin’s Graduate Attributes Apply discipline knowledge Communication skills International perspective (value the perspectives of others)
Thinking skills (use analytical skills to solve problems) Information skills (confidence to investigate new ideas) Technology skills Cultural understanding (value the perspectives of others) Learning how to learn (apply principles learnt to new situations) (confidence to tackle unfamiliar problems) Professional Skills (work independently and as a team) (plan own work) Find out more about Curtin’s Graduate attributes at the Office of Teaching & Learning website: otl. curtin. edu. au Learning Activities The tuition pattern is a three (3) hour weekly seminar, supported by specified reading and a computer-based tutorial.
The seminar will comprise a one (1) hour interactive lecture, beginning with a revision quiz. The remaining two hours will be devoted to a case study on that week’s seminar topic, where students will be required to work through the case study in the class, with assistance from the lecturer and teaching assistants. This structure gives students the opportunity to learn how to apply relevant legal concepts and principles to analyse and solve case studies and receive feedback from the teaching staff. The computer-based tutorial assigned for that week can be completed in the students’ own time at their convenience.
Should students not have access to a suitable computer, or wish to receive further assistance and feedback on any of the tutorial topics, the software for the computer-based tutorials has been installed in the computer labs in building 402. Students will be notified which labs will be staffed by Business Law 100 teaching assistants. 11011 Business Law 100 Charles Telfair Inst Mauritius 23 Jan 2013 School of Business Law and Taxation, Curtin Business School Page: 2 of 11 CRICOS Provider Code WA 00301J, NSW 02637B Curtin Business School School of Business Law and Taxation
Learning Resources Essential Texts You will need to purchase the following textbook(s) in order to complete this unit: Lambiris M and Griffin L, First Principles of Business Law 2013 Edition, CCH, Sydney. Only the original purchaser of this text is licenced to download and install the computer-based tutorials required for this unit. Should students purchase a second hand version of the textbook or not have access to a suitable computer, the software for the computer-based tutorials has been installed in the computer labs in building 402.
Students should be aware that there have been significant changes to the 2013 edition. Other Resources Recommended Texts You do not have to purchase the following textbooks but you may like to refer to them: Latimer P, Australian Business Law (recent edition); CCH Ltd, Sydney. Pentony, B; Graw, S; Lennard, J; Parker, D Understanding Business Law (4th edition or later only), LexisNexis, Australia. Online Resources FLECS – Blackboard The Flexible Learning Environment for Curtin Student (FLECS-Blackboard) is provided for all Curtin students. Access is via OASIS (http://oasis. curtin. edu. u) under the ‘my studies’ tab. After you have carefully read through this outline, make sure that you: Listen to the introductory Vodcast (located in the Unit Resources section on Blackboard) titled, ‘How to use Business Law 100 course materials’. Download the computer-based tutorials you will have to complete each week. Instructions on installing your interactive tutorials are provided on page vi of the First Principles of Business Law (FPBL) textbook (just before the contents page). If you have any problems downloading this software please contact the publisher at [email protected] om. au or the trouble shooting page at www. ALCware. com. Remember: The software is copy-protected and you can only install it on one computer, so make sure you install it on a computer you will have access to for the whole semester. After installing the software, check that everything works and then follow the on-line prompts to register your installation. Do NOT reformat your computer after installation. If you reformat, you will lose your registration and when you reinstall the FPBL software you will need a new registration number (the old one won’t work).
This may mean buying a new license. Work through the weekly Lecture Outlines, case studies and PowerPoint slides and listen to the iLecture for each topic. You may wish to save the Lecture Outlines and/or the PowerPoint slides to your own computer, or print them out week by week. If you chose not to attend the seminar, work through the weekly Lecture Outlines, Case studies and PowerPoint slides and listen to the iLecture for that topic. Complete the prescribed readings from the FPBL textbook for the topic as indicated in the Programme Calendar.
Remember that there are legislative extracts at the end of the textbook which should also be read as they arise in each topic. Work through the computer-based tutorial for each topic to ensure you have properly understood the materials. Regularly check Blackboard for announcements. There is also a large amount of additional resources on this site, including quizzes, links and FAQ’s to assist your learning. In particular, the discussion board is staffed by a teaching assistant during the week. 11011 Business Law 100 Charles Telfair Inst Mauritius 23 Jan 2013 School of Business Law and Taxation, Curtin Business School
Page: 3 of 11 CRICOS Provider Code WA 00301J, NSW 02637B Curtin Business School School of Business Law and Taxation Assessment Assessment Schedule Task Assignment One 1 Assignment Two 2 Final Examination 3 50 percent 30 percent Value % 20 percent Date Due Week: 4 Day: Thursday Time: 16:00 Week: 10 Day: Thursday Time: 16:00 Week: Centrally scheduled examination Unit Learning Outcome(s) Assessed 1,2 1,2,3 2,3,4 Detailed information on assessment tasks 11011 Business Law 100 Charles Telfair Inst Mauritius 23 Jan 2013 School of Business Law and Taxation, Curtin Business School
Page: 4 of 11 CRICOS Provider Code WA 00301J, NSW 02637B Curtin Business School School of Business Law and Taxation 1. Assignment One (20 marks) Assignment One will comprise of two (2) parts as follows: PART A: Media report analysis (8 marks) Students are required to select a media report from the choice of reports provided on Blackboard under the assessment folder. Students are required to identify and analyse the legal issues arising in their chosen report. Students need to apply the same criterion that was used in the Topic 1 case study, ‘The Coffee Shop’, to their chosen media report.
This means you need to use your issue identifying skills to assess and analyse the legal issues that arise in the article as follows: 1. Identify aspects of your chosen media report that relate to the law with reference to the areas of law listed in Chapter 1 of the FPBL textbook. Not all of these areas of law will be relevant, but each article involves at least two areas of law. Students should not just provide a bare conclusion, but also explain why that particular area of law is relevant. (2 marks) 2. The law has various functions. It: – Allows people to organise and plan. Encourages or discourages particular activities. – Creates rights and duties that can be enforced; and – Provides remedies when rights are interfered with or duties are not discharged. Demonstrate how the law functions in these various ways with reference to specific examples within your chosen media report and the areas of law you identified in question 1. You need only provide one example per point. However, you must discuss all four of these functions. Where possible, each point should use a different area of law as illustration. Be ure to explain specifically how and why you came to this conclusion. (4 marks) 3. With reference to the legal issues reported on in the chosen media report describe why is it important to know the law in these circumstances? (2 marks) Remember that there are annotated exemplars available on Blackboard to assist with your understanding of what is expected for this part of the assignment. PART B: Case analysis (10 marks) Students will be provided with an extract from a reported decision (i. e. a ‘real’ case decided by a judge) on Blackboard under the ‘Assessment’ folder.
After reading and examining the decision, students will be required to answer a series of questions demonstrating their ability to comprehend and apply their knowledge of topic two in the analysis of the reported decision. Each question will have clearly allocated marks, amounting to a total of 10 marks. PLEASE NOTE: The analysis required for Part B must pertain to the reported case extract, NOT to the media report required for Part A. A student who analyses the Part A media report in the manner required by Part B shall receive a mark of zero for Part B of the assignment. Presentation (2 marks) 1. . 3. 4. 5. 6. 7. 8. 9. Cover sheet (located on Blackboard under the ‘Assessment’ folder) Introduction to answers, content of body and concluding comments Appropriate sentence structure Correct grammar, spelling and punctuation Paragraph size and breaks appropriate Consistent format Appropriate use of headings and sub-headings Within acceptable word limit Appropriate referencing and acknowledgment of sources Word Limit The assignment should be a minimum of 500 words and not exceed 2000 words inclusive of both questions (i. e. 2000 maximum in total). Please provide a word count on your cover sheet.
A penalty of 10% will be imposed on assignments that exceed the word limit. The assignment will not be assessed if it exceeds 3000 words and will result in a ZERO mark. Assignment One must be submitted by 4PM WST on the Thursday of the week due, i. e. Thursday, 28 March 2013. Your grade and marker’s response and feedback will be provided by way of an audio voice file available on My Grades on Blackboard. 11011 Business Law 100 Charles Telfair Inst Mauritius 23 Jan 2013 School of Business Law and Taxation, Curtin Business School Page: 5 of 11 CRICOS Provider Code WA 00301J, NSW 02637B
Curtin Business School School of Business Law and Taxation 2. Assignment Two (30 marks) Assignment Two will comprise of two (2) parts as follows: PART A: Four Step Process (25 marks) Students will be provided a case study about which they will be required to construct a coherent and logical legal argument using the four step approach. The assignment will require students to apply relevant legal concepts and principles to analyse and solve the legal issues arising in the case study by explaining and applying their knowledge of the legal principles and rules arising in Australian legal system: Topic three to five inclusive.
Please note also that the information contained in the course materials (the textbook, computer-based tutorials and seminar materials) are sufficient when completing your assignments. It is not necessary to research beyond these materials for the purpose of completing assignments. Marking Criteria Students are assessed on their ability to explain and apply their knowledge of the relevant principles and rules of law using the four step process. Briefly that process is: 1. 2. 3. 4. Identify the legal issue Explain the relevant rule/s of law using authority: cases and/or legislation Apply the law to the facts Reach a conclusion
Marking Rubric: The case study will be made up of two (2) questions (a) and (b). Each will be worth 10 marks. A further five (5) marks are allocated to how well the student has followed the four step process. STEP ONE Identify the legal issue STEP TWO Explain the rule(s) of law with reference to relevant authority is the most important step STEP THREE The rules of law explained must be specifically applied to the facts so a solution can be found STEP FOUR A logical conclusion should flow from the above steps
OVERALL USE OF THE FOUR STEP PROCESS AND STRUCTURE OF ANSWER 5 marks available No marks specifically available 4 marks available No marks specifically (as this is usually stated in the question) 6 marks available PART B: Short Answer (5 marks) One short answer question, worth 5 marks. This question will not necessarily relate to the case study. Part B will examine topic 3 inclusive. Word Limit The assignment should be a minimum of 500 words and not exceed 2500 words inclusive of both questions (i. e. 2500 maximum in total). Please provide a word count on your cover sheet.
A penalty of 10% will be imposed on assignments that exceed the word limit. The assignment will not be assessed if it exceeds 3500 words and will result in a ZERO mark. Assignment Two must be submitted by 4PM WST on the Thursday of the week due, i. e. Thursday, 9 May 2013. Your grade and marker’s response and feedback will be provided by way of an audio voice file available on My Grades on Blackboard. 11011 Business Law 100 Charles Telfair Inst Mauritius 23 Jan 2013 School of Business Law and Taxation, Curtin Business School Page: 6 of 11 CRICOS Provider Code WA 00301J, NSW 02637B
Curtin Business School School of Business Law and Taxation 3. Final examination (50 marks) The examination builds on students’ critical thinking skills and discipline specific knowledge learnt in the computer-based tutorials and case studies in the seminars. Students are required to apply relevant legal concepts and principles to analyse and solve the case study by explaining and applying their knowledge of the legal principles and rules arising in topics 5 to 10. The questions are structured as follows: PART A: Four Step Process (15 marks)
One four step process question based on the facts of one of the case studies. Students construct a coherent and logical legal argument using the four step approach for this question, worth 15 marks. The marking rubric for this question will be the same as the four step process question in assignment two. Approximately a week before the final examination is to sit, students will be provided with a handout, that will be posted to FLECS-Blackboard, as an aid to their preparation for the final examination. PART B: Applied Case Study (20 marks) 0 Multiple choice questions worth 20 marks (one half mark per question). Students are presented with a case study and required to apply relevant legal concepts and principles to analyse and solve the case study by applying their knowledge of the legal principles and rules arising and selecting the best answer in a multiple choice format. The case study for Part B is different to the case study detailed in Part A. PART C: Short Answer (15 marks) Three short answer questions, worth 15 marks in total, each question worth 5 marks each. These questions will not necessarily relate to the case studies.
Students are provided with further guidance for their preparation for the final examination throughout the semester and in the revision week. In particular, students will be advised of the specific topics each question draws upon. Students should understand that compliance with instructions in relation to an assessment task is critical. In business it is essential you act on instructions given by clients. In this unit instructions typically relate to matters such as how to correctly complete a piece of assessment. Students MUST be aware that non compliance with these instructions can result in a ZERO mark.
Fair assessment through moderation Moderation describes a quality assurance process to ensure that assessments are appropriate to the learning outcomes, and that student work is evaluated consistently by assessors. Minimum standards for the moderation of assessment are described in the Assessment Manual, available from policies. curtin. edu. au/policies/teachingandlearning. cfm 11011 Business Law 100 Charles Telfair Inst Mauritius 23 Jan 2013 School of Business Law and Taxation, Curtin Business School Page: 7 of 11 CRICOS Provider Code WA 00301J, NSW 02637B
Curtin Business School School of Business Law and Taxation Late Assessment Policy Late Assessment Policy This ensures that the requirements for submission of assignments and other work to be assessed are fair, transparent, equitable, and that penalties are consistently applied. 1. All assessments which students are required to submit will have a due date and time specified on the Unit Outline. 2. Accepting late submission of assignments or other work will be determined by the unit coordinator or Head of School and will be specified on the Unit Outline. 3.
If late submission of assignments or other work is not accepted, students will receive a penalty of 100% after the due date and time ie a zero mark for the late assessment. 4. If late submission of assignments or other work is accepted, students will be penalised by ten percent per calendar day for a late assessment submission (eg a mark equivalent to 10% of the total allocated for the assessment will be deducted from the marked value for every day that the assessment is late). This means that an assignment worth 20 will have two marks deducted per calendar day late.
Hence if it was handed in three calendar days late and marked as 12/20, the student would receive 6/20. An assessment more than seven calendar days overdue will not be marked. Work submitted after this time (due date plus seven days) may result in a Fail – Incomplete (F-IN) grade being awarded for the unit. Pass requirements The marks are cumulative, so students do not need to pass each assessment task, but must achieve a total of 50 or more to pass this unit. Detailed information on each assessment item is available on Blackboard in the Assessment section. Referencing style
Students should use the Chicago referencing style when preparing assignments. More information can be found on this style from the Library web site: library. curtin. edu. au. Plagiarism Plagiarism occurs when work or property of another person is presented as one’s own, without appropriate acknowledgement or referencing. Plagiarism is a serious offence. For more information refer to academicintegrity. curtin. edu. au. Plagiarism Monitoring Work submitted may be subjected to a plagiarism detection process, which may include the use of systems such as ‘Turnitin’. For further information, see academicintegrity. urtin. edu. au/students/turnitin. cfm. Additional information Guidelines for Submission of Assignments All assignments must be accompanied by an Assignment Attachment Form (or cover page). This Assignment Attachment Form is located on Blackboard under the ‘Assessment’ folder. All assignments must be submitted by 4pm WST on the Thursday of the week due. The assignment questions are located on Blackboard in the Assessment folder. You are required to submit two assignments for assessment. Students will also be required to submit their assignment to the plagiarism detection programme, Turnitin.
Instructions on the submission process will be posted to Blackboard at the beginning of semester, including the appropriate way to save your file. Format of assignments Assignments cannot be handwritten and must comply with the following format requirements. Those assignments, which do not conform to these requirements without prior agreement of the unit coordinator, will either be returned to the student unmarked or will have marks deducted: 11011 Business Law 100 Charles Telfair Inst Mauritius 23 Jan 2013 School of Business Law and Taxation, Curtin Business School
Page: 8 of 11 CRICOS Provider Code WA 00301J, NSW 02637B Curtin Business School School of Business Law and Taxation Document type: Word or pdf (pdf preferred) Font: Arial or similar font – no smaller than 12 point in size Pages: Numbered in top or bottom margin Spacing: Appropriate line spacing and paragraph spacing Margins: At least 2. 5 cm top, left, right ; bottom The document must be checked for spelling and grammar before submission. Assignment Marking Students should allow a 10 day marking turnaround for assignments from the due date.
Assignments submitted early will not be marked before the due date. Extension of Assessment due dates Extensions of assessment are only granted in extenuating circumstances such as illness. The granting of an extension or modification of assessment in accordance with University policy requires appropriate supporting documentation, such as a medical certificate. Extenuating circumstances do NOT include holidays, family celebrations such as weddings, moving house or poor time management. These are not valid reasons and are not accepted as grounds for an extension.
The extension period will be a maximum of seven (7) calendar days from the due date and time. The application form for an extension is available through your Oasis account and must be sent to the Unit Coordinator. Details of any extension granted must be attached to the relevant assignment. Please contact the unit coordinator regarding an application for extension. It is your responsibility to check due dates. Allowances will not be made for students who submit their assignment late as a consequence of confusing the due date for the assignment with another date.
Supplementary/Deferred Final Examination: STUDENTS PLEASE NOTE: End of semester Final Examination deferrals are all handled by CBS Student Services and NOT your unit controller. If for any reason you cannot sit your final examination, you must see CBS Student Services in Building 407, Level 1. Enrolment: It is your responsibility to ensure that your enrolment is correct – you can check your enrolment through the eStudent option on OASIS, where you can also print an Enrolment Advice. Supplementary/Deferred Exams: Supplementary and deferred examinations will be held at a date to be advised.
Notification to students will be made after the Board of Examiners meeting via the Official Communications Channel (OCC) in OASIS. It is the student’s responsibility to check their OASIS account on a weekly basis for official Curtin correspondence. If your results show that you have been awarded a supplementary or deferred exam you should immediately check your OASIS email for details. Student Rights and Responsibilities It is the responsibility of every student to be aware of all relevant legislation, policies and procedures relating to their rights and responsibilities as a student.
These include: the Student Charter the University’s Guiding Ethical Principles the University’s policy and statements on plagiarism and academic integrity copyright principles and responsibilities the University’s policies on appropriate use of software and computer facilities Information on all these things is available through the University’s “Student Rights and Responsibilities website at: students. curtin. edu. au/rights. 11011 Business Law 100 Charles Telfair Inst Mauritius 23 Jan 2013 School of Business Law and Taxation, Curtin Business School Page: 9 of 11 CRICOS Provider Code WA 00301J, NSW 02637B
Curtin Business School School of Business Law and Taxation Disability Students with a disability or medical condition (e. g. mental health condition, chronic illness, physical or sensory disability, learning disability) are encouraged to seek advice from Disability Services www. disability. curtin. edu. au. A Disability Advisor will work with you and liaise with staff to identify strategies to assist you to meet unit (including fieldwork education) and course requirements, where possible.
It is important to note that the staff of the university may not be able to meet your needs if they are not informed of your individual circumstances. Recent unit changes We welcome feedback as one way to keep improving this unit. Students are encouraged to provide unit feedback through eVALUate, Curtin’s online student feedback system (see evaluate. curtin. edu. au/info/). Recent changes to this unit include: Continual renewal of the unit materials and curriculum to ensure materials are up to date with significant changes to the law whilst remaining commercially focused.
The computer-based tutorials continue to meet students’ requests for more immediate feedback and flexibility in learning. The package of materials respects students’ desire for value for money as all of the materials are integral to the learning process and assessment. Ongoing evaluation of the format of the tuition pattern (three hour seminar) and feedback from students indicates the preference of the majority of students for continuation of this method of delivery, both in terms of their learning experience and for reasons of convenience and efficiency.
The ability of students to seek individual assistance is maintained by the presence of teaching assistants in the seminar, in the staffed labs and on discussion board. A more interactive style of delivery of the course material has been developed by the use of a weekly two hour case study, revision sessions and computer-based tutorials. Use of audio feedback files for written assessment tasks to improve the quality and detail of feedback given. See evaluate. curtin. edu. au to find out when you can eVALUate this unit. 1011 Business Law 100 Charles Telfair Inst Mauritius 23 Jan 2013 School of Business Law and Taxation, Curtin Business School Page: 10 of 11 CRICOS Provider Code WA 00301J, NSW 02637B Curtin Business School School of Business Law and Taxation Program calendar Program Calendar – Semester 1 2013 Week Begin Date Lecture/ Seminar Pre-readings Tutorial/Other Assessment Due Orientation 1. 25 February 4 March 1. Introduction: The nature and function of law 2. Sources of law: Case Law 3. Sources of law: Legislation 4.
Making a contract Chapter 1 Government and Law in Australia Case Law Legislation Making a contract Assignment One (20%) THURSDAY 28 MARCH 4PM (WST) 2. 3. 4. 11 March 18 March 25 March Chapter 3 Chapter 2 Chapter 5 5. 6. 7. 8. 9. 10. 1 April 8 April 15 April 22 April 29 April 6 May Tuition Free Week Writing workshop: Four Step Process 5. Contents of a contract Tuition Free Week 6. Performance and Breach 7. Remedies Chapter 7 Chapter 8 Performance and breach of contract Remedies for breach of contract Assignment Two (30%) THURSDAY 9 MAY 4PM (WST) Chapter 6 Contents of a contract 1. 12. 13. 13 May 20 May 27 May 8. International Systems 9. Liability in tort law 10. Business Organisations 11. Revision Study Week Examinations Examinations Chapter 13 Chapter 15 Supplementary materials The scope of tort law Business organisations in Australia Case studies for revision 14 15. 16. 17. 3 June 10 June 17 June 24 June 11011 Business Law 100 Charles Telfair Inst Mauritius 23 Jan 2013 School of Business Law and Taxation, Curtin Business School Page: 11 of 11 CRICOS Provider Code WA 00301J, NSW 02637B