TABL2721 Business Law in Action - 2018

TABL2721
Undergraduate
Semester 2
6 Units of Credit
On Campus
Taxation & Business Law
This course outline is for the current semester. To view outlines from other years and/or semesters, visit the archives

1. Course Details

Summary of Course

​Law forms the basis of all business transactions and is essential to their proper understanding. This course examines the use and legal effect of contracts. Negotiated contracts, standard form contracts and Deeds are studied. The structure and common clauses of contracts are highlighted, along with the different requirements attaching to the rights and obligations of parties to a contract-governed transaction.

Teaching Times and Locations

Please note that teaching times and locations are subject to change. Students are strongly advised to refer to the Class Timetable website for the most up-to-date teaching times and locations.

View course timetable

Course Policies & Support

Course Aims and Relationship to Other Courses

The aims of this course are to:

  • Provide a basis for understanding the nature and effect of key parts of negotiated business and standard form consumer contracts
  • Provide an understanding of how contracts are drafted in specific ways to meet specific needs, for example to control the dispute resolution process
  • Foster an understanding of how contract intersects with other fields of substantive law; consumer protection, tax and insolvency
  • Enhance students’ conceptual background to the legal issues involved in business

This course is offered as part of the Business Law stream in the BCom degree. A prerequisite for this course is TABL1710.

2. Staff Contact Details

Position Title Name Email Location Phone Consultation Times
Lecturer in charge and tutorProfJenny BuchanRoom 2054, Level 2, Quadrangle, Business School - Ref E15+61 2 9385 1458 or 0432 8799 88By appointment

Communication with staff

When you contact staff by email please:

  • Use your university email address
  • Specify the course TABL2721 as your lecturer may be teaching more than one course.
  • Sign off by using your name and zid

3. Learning and Teaching Activities

Approach to Learning and Teaching in the Course

​During this course you will be required to read and analyse a full contract law case and a standard form contract. You will also research specific contracts terms and concepts and the law applicable to them. You will need to present your work to the class. You will be given ample guidance but the extent of understanding that you develop of contract law and its role in commercial relationships will depend on your own effort.

Learning Activities and Teaching Strategies

The weekly lecture runs for 2 hours every Tuesday from week 1 to 12. Lectures will often take the form of a discussion or an activity. The purpose of a lecture is to highlight key aspects of the subject, and to provide an opportunity for all students to discuss the material being studied, not to fully explain the week’s topic.

Tutorials run every week from week 2 to 13. Student presentations and discussion will occur mainly during tutorial time.

There is a wiki in this course. Its purpose is to allow students to critically and constructively reflect on each other’s, and their own work.

You are expected to attend all of your tutorials, study the prescribed reading material and engage with sources, such as cases, legislation, the 2018 (2nd ed) of the textbook and information on the internet.

5. Course Resources

Prescribed text:

S Christensen and W Duncan, The Construction and Performance of Commercial Contracts, (Federation Press, 2nd edition, 2018) copies on the shelf in the Bookshop – https://www.bookshop.unsw.edu.au/details.cgi?ITEMNO=9781760021757

Additional texts:

The following websites are also useful sources:
https://www.accc.gov.au/ (Australian Competition and Consumer Commission -search ‘unfair contract terms’)
https://asic.gov.au/ (Australian Securities and Investments Commission - search 'insolvency')

www.Austlii.edu.au for all legislation and some cases

Electronic Databases:

The UNSW library subscribes to several electronic databases, eg 'casebase'.

The website for this course is on Moodle

6. Course Evaluation & Development

​The School of Taxation & Business Law’s quality enhancement process involves regular review  of  its  courses  and  study  materials  by  content  and  educational  specialists, combined with feedback from students. Towards the end of the semester, you will be asked  to  complete  an  online  myExperience  survey  via  Moodle  to  evaluate  the effectiveness of your course lecturer and the actual course content. Your input into this quality  enhancement  process  through  the  completion  of  these  surveys  is  extremely valuable in assisting us in meeting the needs of our students and in providing an effective and  enriching  learning  experience. The results  of  all  surveys  are  carefully  considered and do lead to action towards enhancing the quality or course content and delivery.

7. Course Schedule

Week 1: 23 July: Lecture on 24 July
Activity

Lecture

Topic

Role of Contract in Contemporary Commercial Dealings General Principles of Contract Construction

Assessment/Other

Christensen and Duncan, text. Chapters 1 and 2.

1. Contracts in Contemporary Commercial Dealings 2. General Principles for Construction of Contracts

Week 2: 30 July: Class on 31 July
Activity

Lecture

Topic

How to read a case

Allocate cases for Case Note

 

 

 

Assessment/Other

Media article oral presentation

Written submission re media article by Thursday 2 August

Activity

Tutorial

Topic

Media article presentations

Week 3: 6 August: Class on 7 August
Activity

Lecture

Topic

Clauses Allocating Commercial Risk

• Termination Clauses • Exclusion and limitation of liability Clauses • Entire Agreement Clauses • Force majeure Clauses

Assessment/Other

Christensen and Duncan

3. Termination

5. Exclusion and Limitation of Liability Clauses 6. Entire Agreement Clauses 8. Force Majeure

 

 

Activity

Tutorial

Topic

See program on Moodle re Christensen and Duncan Chapter 7. Passing of Risk in Real Property Transactions

Present case notes

Assessment/Other

Case presentations (w 3 - 8)

Week 4: 13 August: Class on 14 August
Activity

Lecture

Topic

Clauses relating to performance

• Contingent conditions • Time provisions • Confidentiality clauses

Assessment/Other

Christensen and Duncan

9. Contingent Conditions 10. Time Provisions 11. Confidentiality Clauses

Activity

Tutorial

Topic

See program on Moodle

Present case notes

Assessment/Other

Case presentations (w 3 - 8)

Week 5: 20 August; Class on 21 August
Activity

Lecture

Topic

Clauses and events introducing new parties

• Assignment clause • Novation • Restraint of trade • Nomination • Insolvency

 

Assessment/Other

Christensen and Duncan

Chapters

14. Assignment 15. Novation

16. Nomination

Corporations Act (re insolvency)

Activity

Tutorial

Topic

Select standard form contracts for Assessment Task 3.

Present case notes

Assessment/Other

Case presentations (w 3 - 8)

Week 6: 27 August: Class on 28 August
Activity

Lecture

Topic

Clauses creating liabilities in third parties, Guarantees, Indemnities

Topics • Guarantees - Letter of comfort - Performance bond - Factors affecting validity of guarantee - Discharge of guarantee - Interpretation of guarantees - Variation of principal obligation • Indemnities - Purpose of indemnities - Legal issues affecting operation of clause - Construction and interpretation of indemnities

Assessment/Other

Christensen and Duncan

Chapters

17. Guarantees 18. Indemnities

Activity

Tutorial

Topic

See program on Moodle

Present case notes

Assessment/Other

Case presentations (w 3 - 8)

Week 7: 3 September; Class on 4 September
Activity

Lecture

Topic

Common phrases and boilerplate provisions in contracts

• Best endeavours and Reasonable endeavours • Force majeure • Good faith • Governing law and jurisdiction clauses • Time is of the essence, and “punctuality” • Without prejudice

Assessment/Other

Christensen and Duncan

Chapter

20. Governing Law and Jurisdiction Clauses

Activity

Tutorial

Topic

See program on Moodle

Present case notes

Assessment/Other

Case presentations (w 3 - 8)

Post case note on Wiki by 2pm Tuesday this week 7

Week 8: 10 September: Class on 11 September
Activity

Lecture

Topic

Clauses and factors affecting dispute resolution and enforceability

• Dispute resolution • Limitation Act 1969 (NSW) • Tax

Assessment/Other

Franchising Code of Conduct

Other industry Codes under ACCC

Christensen and Duncan

Chapter

19. Dispute Resolution Clauses

Activity

Tutorial

Topic

See program on Moodle

Assessment/Other

Case presentations (w 3 - 8)

Post Wki comments on other students case notes (Assessment Task 2C) by Tuesday next week (week 9)

Week 9: 17 September; Class on 18 September
Activity

Lecture

Topic

Remedies for breach of contract

• Damages - Agreed damages - Anticipatory breach - Assessment - Liquidated - Mitigation - Proportionate liability - Quantum meruit - Reliance loss - Remoteness • Specific Performance • Equitable remedies - Restitution - Unjust enrichment

Assessment/Other

Christensen and Duncan

Activity

Tutorial

Topic

See program on Moodle

Assessment/Other

Post Wki comments on other students case notes (Assessment Task 2C) by 2pm Tuesday this week)

Activity

MID SEMESTER

Topic

MIDSEMESTER BREAK

24 September - 1 October

Assessment/Other

No classes

Week 10: Class on 2 October
Activity

Lecture

Topic

Standard form contracts

Activity

Tutorial

Topic

See program on Moodle

Assessment/Other

Post Wiki reflaction (Assessment Task 2D) by 2pm Tuesday this week

Week 11: 8 October: Class on 9 October
Activity

Lecture

Topic

Deeds

Assessment/Other

  • Deed of Settlement
  • Deed of Assignment
  • Power of Attorney

Activity

Tutorial

Topic

Draft a dog contract

Week 12: 15 October: Class on 16 October
Activity

Lecture

Topic

Present standard form App contracts

Activity

Tutorial

Assessment/Other

Be prepared to present standard form contract Assessment 3 Task A

Week 13: 22 October: Tutorial on 23 October
Activity

Tutorial

Topic

Present standard form App contracts

Assessment/Other

For students who did not present in week 12, present standard form contract Assessment 3 Task A.

Submit Assessment 3 Task B by 5pm Tuesday this week

8. Policies

Information about UNSW Business School protocols, University policies, student responsibilities and education quality and support.

Program Learning Outcomes

The Business School places knowledge and capabilities at the core of its curriculum via seven Program Learning Outcomes (PLOs). These PLOs are systematically embedded and developed across the duration of all coursework programs in the Business School.

PLOs embody the knowledge, skills and capabilities that are taught, practised and assessed within each Business School program. They articulate what you should know and be able to do upon successful completion of your degree.

Upon graduation, you should have a high level of specialised business knowledge and capacity for responsible business thinking, underpinned by ethical professional practice. You should be able to harness, manage and communicate business information effectively and work collaboratively with others. You should be an experienced problem-solver and critical thinker, with a global perspective, cultural competence and the potential for innovative leadership.

All UNSW programs and courses are designed to assess the attainment of program and/or course level learning outcomes, as required by the UNSW Assessment Design Procedure. It is important that you become familiar with the Business School PLOs, as they constitute the framework which informs and shapes the components and assessments of the courses within your program of study.

PLO 1: Business knowledge

Students will make informed and effective selection and application of knowledge in a discipline or profession, in the contexts of local and global business.

PLO 2: Problem solving

Students will define and address business problems, and propose effective evidence-based solutions, through the application of rigorous analysis and critical thinking.

PLO 3: Business communication

Students will harness, manage and communicate business information effectively using multiple forms of communication across different channels.

PLO 4: Teamwork

Students will interact and collaborate effectively with others to achieve a common business purpose or fulfil a common business project, and reflect critically on the process and the outcomes.

PLO 5: Responsible business practice

Students will develop and be committed to responsible business thinking and approaches, which are underpinned by ethical professional practice and sustainability considerations.

PLO 6: Global and cultural competence

Students will be aware of business systems in the wider world and actively committed to recognise and respect the cultural norms, beliefs and values of others, and will apply this knowledge to interact, communicate and work effectively in diverse environments.

PLO 7: Leadership development

Students will develop the capacity to take initiative, encourage forward thinking and bring about innovation, while effectively influencing others to achieve desired results.

These PLOs relate to undergraduate and postgraduate coursework programs.  Separate PLOs for honours and postgraduate research programs are included under 'Related Documents'.

Business School course outlines provide detailed information for students on how the course learning outcomes, learning activities, and assessment/s contribute to the development of Program Learning Outcomes.

RELATED DOCUMENTS


UNSW Graduate Capabilities

The Business School PLOs are linked to UNSW Graduate Capabilities, a set of generic abilities and skills that all students are expected to achieve by graduation. These capabilities articulate the University's institutional values, as well as future employer expectations.

UNSW Graduate Capabilities

The Business School PLOs also incorporate UNSW graduate capabilities, a set of generic abilities and skills that all students are expected to achieve by graduation. These capabilities articulate the University’s institutional values, as well as future employer expectations.

UNSW Graduate CapabilitiesBusiness School PLOs
Scholars capable of independent and collaborative enquiry, rigorous in their analysis, critique and reflection, and able to innovate by applying their knowledge and skills to the solution of novel as well as routine problems.
  • PLO 1: Business knowledge
  • PLO 2: Problem solving
  • PLO 3: Business communication
  • PLO 4: Teamwork
  • PLO 7: Leadership development

Entrepreneurial leaders capable of initiating and embracing innovation and change, as well as engaging and enabling others to contribute to change
  • PLO 1: Business knowledge
  • PLO 2: Problem solving
  • PLO 3: Business communication
  • PLO 4: Teamwork
  • PLO 6: Global and cultural competence
  • PLO 7: Leadership development

Professionals capable of ethical, self-directed practice and independent lifelong learning
  • PLO 1: Business knowledge
  • PLO 2: Problem solving
  • PLO 3: Business communication
  • PLO 5: Responsible business practice

Global citizens who are culturally adept and capable of respecting diversity and acting in a socially just and responsible way.
  • PLO 1: Business knowledge
  • PLO 2: Problem solving
  • PLO 3: Business communication
  • PLO 4: Teamwork
  • PLO 5: Responsible business practice
  • PLO 6: Global and cultural competence

While our programs are designed to provide coverage of all PLOs and graduate capabilities, they also provide you with a great deal of choice and flexibility.  The Business School strongly advises you to choose a range of courses that assist your development against the seven PLOs and four graduate capabilities, and to keep a record of your achievements as part of your portfolio. You can use a portfolio as evidence in employment applications as well as a reference for work or further study. For support with selecting your courses contact the UNSW Business School Student Centre.



Academic Integrity and Plagiarism

Academic Integrity is honest and responsible scholarship. This form of ethical scholarship is highly valued at UNSW. Terms like Academic Integrity, misconduct, referencing, conventions, plagiarism, academic practices, citations and evidence based learning are all considered basic concepts that successful university students understand. Learning how to communicate original ideas, refer sources, work independently, and report results accurately and honestly are skills that you will be able to carry beyond your studies.

The definition of academic misconduct is broad. It covers practices such as cheating, copying and using another person’s work without appropriate acknowledgement. Incidents of academic misconduct may have serious consequences for students.

Plagiarism

UNSW regards plagiarism as a form of academic misconduct. UNSW has very strict rules regarding plagiarism. Plagiarism at UNSW is using the words or ideas of others and passing them off as your own. All Schools in the Business School have a Student Ethics Officer who will investigate incidents of plagiarism and may result in a student’s name being placed on the Plagiarism and Student Misconduct Registers.

Below are examples of plagiarism including self-plagiarism:

Copying: Using the same or very similar words to the original text or idea without acknowledging the source or using quotation marks. This includes copying materials, ideas or concepts from a book, article, report or other written document, presentation, composition, artwork, design, drawing, circuitry, computer program or software, website, internet, other electronic resource, or another person's assignment, without appropriate acknowledgement of authorship.

Inappropriate Paraphrasing: Changing a few words and phrases while mostly retaining the original structure and/or progression of ideas of the original, and information without acknowledgement. This also applies in presentations where someone paraphrases another’s ideas or words without credit and to piecing together quotes and paraphrases into a new whole, without appropriate referencing.

Collusion: Presenting work as independent work when it has been produced in whole or part in collusion with other people. Collusion includes:

  • Students providing their work to another student before the due date, or for the purpose of them plagiarising at any time
  • Paying another person to perform an academic task and passing it off as your own
  • Stealing or acquiring another person’s academic work and copying it
  • Offering to complete another person’s work or seeking payment for completing academic work

Collusion should not be confused with academic collaboration (i.e., shared contribution towards a group task).

Inappropriate Citation: Citing sources which have not been read, without acknowledging the 'secondary' source from which knowledge of them has been obtained.

Self-Plagiarism: ‘Self-plagiarism’ occurs where an author republishes their own previously written work and presents it as new findings without referencing the earlier work, either in its entirety or partially. Self-plagiarism is also referred to as 'recycling', 'duplication', or 'multiple submissions of research findings' without disclosure. In the student context, self-plagiarism includes re-using parts of, or all of, a body of work that has already been submitted for assessment without proper citation.

To see if you understand plagiarism, do this short quiz:https://student.unsw.edu.au/plagiarism-quiz

Cheating

The University also regards cheating as a form of academic misconduct. Cheating is knowingly submitting the work of others as their own and includes contract cheating (work produced by an external agent or third party that is submitted under the pretences of being a student’s original piece of work). Cheating is not acceptable at UNSW.

If you need to revise or clarify any terms associated with academic integrity you should explore the 'Working with Academic Integrity' self-paced lessons available at: https://student.unsw.edu.au/aim.

For UNSW policies, penalties, and information to help you avoid plagiarism see: https://student.unsw.edu.au/plagiarism as well as the guidelines in the online ELISE tutorials for all new UNSW students: http://subjectguides.library.unsw.edu.au/elise. For information on student conduct see:https://student.unsw.edu.au/conduct.

For information on how to acknowledge your sources and reference correctly, see: https://student.unsw.edu.au/referencing. If you are unsure what referencing style to use in this course, you should ask the lecturer in charge.

Student Responsibilities and Conduct

Students are expected to be familiar with and adhere to university policies in relation to class attendance and general conduct and behaviour, including maintaining a safe, respectful environment; and to understand their obligations in relation to workload, assessment and keeping informed.

Information and policies on these topics can be found on the'Managing your Program' website.

Workload

It is expected that you will spend at least nine to ten hours per week studying for a course except for Summer Term courses which have a minimum weekly workload of eighteen to twenty hours. This time should be made up of reading, research, working on exercises and problems, online activities and attending classes. In periods where you need to complete assignments or prepare for examinations, the workload may be greater. Over-commitment has been a cause of failure for many students. You should take the required workload into account when planning how to balance study with employment and other activities.

We strongly encourage you to connect with your Moodle course websites in the first week of semester. Local and international research indicates that students who engage early and often with their course website are more likely to pass their course.

View more information on expected workload

Attendance

Your regular and punctual attendance at lectures and seminars or in online learning activities is expected in this course. The Business School reserves the right to refuse final assessment to those students who attend less than 80% of scheduled classes where attendance and participation is required as part of the learning process (e.g., tutorials, flipped classroom sessions, seminars, labs, etc.).

View more information on attendance

General Conduct and Behaviour

You are expected to conduct yourself with consideration and respect for the needs of your fellow students and teaching staff. Conduct which unduly disrupts or interferes with a class, such as ringing or talking on mobile phones, is not acceptable and students may be asked to leave the class.

View more information on student conduct

Health and Safety

UNSW Policy requires each person to work safely and responsibly, in order to avoid personal injury and to protect the safety of others.

View more information on Health and Safety

Keeping Informed

You should take note of all announcements made in lectures, tutorials or on the course web site. 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.


Special Consideration

You must submit all assignments and attend all examinations scheduled for your course. You can apply for special consideration when illness or other circumstances beyond your control, interfere with your performance in a specific assessment task or tasks. Special Consideration is primarily intended to provide you with an extra opportunity to demonstrate the level of performance of which you are capable.

General information on special consideration for undergraduate and postgraduate courses can be found in the Assessment Implementation Procedure and the Current Students page.

Please note the following:

  1. Applications will not be accepted by teaching staff. The lecturer-in-charge will be automatically notified when you lodge an online application for special consideration
  2. Decisions and recommendations are only made by lecturers-in-charge (or by the Faculty Panel in the case of final exam special considerations), not by tutors
  3. Applying for special consideration does not automatically mean that you will be granted a supplementary exam or other concession
  4. Special consideration requests do not allow lecturers-in-charge to award students additional marks

Business School Protocol on requests for Special Consideration

The lecturer-in-charge will need to be satisfied on each of the following before supporting a request for special consideration:

  1. Does the medical certificate contain all relevant information? For a medical certificate to be accepted, the degree of illness and its impact on the student must be stated by the medical practitioner (severe, moderate, mild). A certificate without this will not be valid. Students should also note that only medical certificates issued after physically visiting a registered medical practitioner will be accepted. Medical certificates submitted for Special Consideration should always be requested from a registered medical practitioner that you have seen at a medical practice. Certificates obtained online or via social media may be fraudulent and if relied upon could result in a breach of the UNSW Student Code.
  2. Has the student performed satisfactorily in the other assessment items? To understand what Satisfactory Performance means in this course, please refer to the 'Formal Requirements' section in Part A of your Course Outline

Special Consideration and the Final Exam in undergraduate and postgraduate courses

Applications for special consideration in relation to the final exam are considered by a Business School Faculty panel to which lecturers-in-charge provide their recommendations for each request. If the Faculty panel grants a special consideration request, this will entitle the student to sit a supplementary examination. No other form of consideration will be granted. The following procedures will apply:

  1. Supplementary exams will be scheduled centrally and will be held approximately two weeks after the formal examination period. Supplementary exams for Semester 1, 2018 will be held during the period 14 - 21 July, 2018. Supplementary exams for Semester 2, 2018 will be held during the period 8 - 15 December, 2018. Students wishing to sit a supplementary exam will need to be available during this period.
    If a student lodges a special consideration application for the final exam, they are stating they will be available on this date. Supplementary exams will not be held at any other time.

  2. Where a student is granted a supplementary examination as a result of a request for special consideration, the student’s original exam (if completed) will be ignored and only the mark achieved in the supplementary examination will count towards the final grade. Absence from a supplementary exam without prior notification does not entitle the student to have the original exam paper marked, and may result in a zero mark for the final exam.

The Supplementary Exam Protocol for Business School students is available at: http://www.business.unsw.edu.au/suppexamprotocol

For special consideration for assessments other than the final exam refer to the ‘Assessment Section’ in your course outline.


Protocol for Viewing Final Exam Scripts

The UNSW Business School has set a protocol under which students may view their final exam script. Please check the protocol here.

Given individual schools within the Faculty may set up a local process for viewing final exam scripts, it is important that you check with your School whether they have any additional information on this process. Please note that this information might also be included in your course outline.

Student Support and Resources

The University and the Business School provide a wide range of support services and resources for students, including:

Business School Education Quality and support Unit (EQS)
The EQS offers academic writing, study skills and maths support specifically for Business students. Services include workshops, online resources, and individual consultations.
Level 1, Room 1033, Quadrangle Building.
bschoolconsults@unsw.edu.au
02 9385 7577 or 02 9385 4508

Business School Student Centre
The Business School Student Centre provides advice and direction on all aspects of admission, enrolment and graduation.
Level 1, Room 1028 in the Quadrangle Building
02 9385 3189

UNSW Learning Centre
The UNSW Learning Centre provides academic skills support services, including workshops and resources, for all UNSW students. See their website for details.
Lower Ground Floor, North Wing Chancellery Building.
learningcentre@unsw.edu.au
02 9385 2060

Educational Support Service
Educational Support Advisors work with all students to promote the development of skills needed to succeed at university, whilst also providing personal support throughout the process. Check their website to request an appointment or to register in the Academic Success Program.
John Goodsell Building, Ground Floor.
advisors@unsw.edu.au
02 9385 4734

Library services and facilities for students
The UNSW Library offers a range of collections, services and facilities both on-campus and online.
Main Library, F21.
02 9385 2650

Moodle eLearning Support
Moodle is the University’s learning management system. You should ensure that you log into Moodle regularly.
externalteltsupport@unsw.edu.au
02 9385 3331

UNSW IT
UNSW IT provides support and services for students such as password access, email services, wireless services and technical support.
UNSW Library Annexe (Ground floor).
itservicecentre@unsw.edu.au
02 9385 1333

Disability Support Services
UNSW Disability Support Services provides assistance to students who are trying to manage the demands of university as well as a health condition, learning disability or who have personal circumstances that are having an impact on their studies. Disability Advisers can arrange to put in place services and educational adjustments to make things more manageable so that students are able to complete their course requirements. To receive educational adjustments for disability support, students must first register with Disability Services.
Ground Floor, John Goodsell Building.
disabilities@unsw.edu.au
02 9385 4734

UNSW Counselling and Psychological Services
Provides support and services if you need help with your personal life, getting your academic life back on track or just want to know how to stay safe, including free, confidential counselling.
Level 2, East Wing, Quadrangle Building.
counselling@unsw.edu.au
02 9385 5418

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