Business Law (LAWS1100)

Teaching Wk 1 - The Australian Legal System

This lecture will commence with an introduction to Business Law in Australia and discuss the main areas of law that we will study in this Course.

In particular, the first half of the lecture will provide you with an overview of the Course and identify how the law and regulations applicable to the environment in which professional accountants operate, will be spread across several weeks of the Course. This overview will also outline any significant changes that have been made recently to LAWS1100. Assessment items will also be discussed in detail.

In the second half of the lecture, we will define the law and identify important theoretical discussions surrounding the law. We will also identify the major features of the Australian Legal System - in particular providing you with a basic understanding of the Common Law and the idea of what is meant by a Federal system of Government.

Learning outcomes: L01, L02, L05

No Tutorials

There are no Tutorials in Teaching Week 1.

Teaching Wk 2 - Sources of Law & the Constitution

In the first half of the lecture, we will examine the sources of Australian Law (Common Law and Legislation), the Australian Court system and the concept of Statutory Interpretation.

In the second half of the lecture, we will focus on the most important aspects of the Australian Constitution, including the powers of the Legislature, the Executive and the Judiciary, the mechanism for conflict resolution and the provision which allows for Constitutional amendment.

Learning outcomes: L01, L02, L05

No Tutorials

There are no Tutorials in Teaching Week 2.

Teaching Wk 3 - The ILAC Method and Tort Law (1)

This lecture will begin with an introduction to the ILAC Method. The ILAC method is the method you will use to answer all legal problems in LAWS1100. This discussion will help you to prepare for the Ungraded Problem Scenario Question that will be released on Blackboard this week and also the 2nd 3% Tutorial submission that must be submitted by 9am on the Monday of Teaching Week 5.

In the second half of this lecture, we will begin to examine the most common area of Tort Law - the Tort of Negligence. In particular, we will look at the first two requirements needed to prove a negligence claim (duty of care and breach of duty). Negligent misstatement (applicable to those providing advice such as professional accountants) will be discussed as part of the law to do with establishing a "duty of care".

The third requirement (causation) as well as potential Defences to a negligence claim, will be discussed in Teaching Wk 4.

Learning outcomes: L01, L02, L03, L04, L05

Tutorial 1 (The Australian Legal System)

The 3% ASSESSABLE Tutorial 1 submission is due online by 9am on Monday 10th March.

This Tutorial will be based on the material taught in the Teaching Weeks 1 and 2 lectures.

Learning outcomes: L01, L02, L05

Teaching Wk 4 - Tort Law (2)

We will start this week with some basic revision of the materials from Teaching Weeks 1 and 2. In particular, this session will focus on In-Semester Exam content (the In-Semester Exam will be held during the scheduled Tuesday lecture time in Teaching Week 5).

In the previous lecture we began our study of the Tort of Negligence - specifically in relation to the first two requirements of a negligence claim (establishing a 'Duty of Care' and a 'Breach of Duty'). The majority of this lecture examines the more complicated, final requirement of a negligence claim: 'Causation'. The two possible Defences to a negligence claim (voluntary assumption of risk and contributory negligence) will also be examined.

Finally, if time permits, we will look at all other types of Tort actions: this includes the Torts of Trespass, Defamation and Deceit. Please note that this final part of the lecture will be recorded outside of class time and uploaded to Blackboard.

Learning outcomes: L01, L02, L03, L05

Tutorial 2 (The Australian Legal System)

Tutorial 2 will test your knowledge of the material taught in the Teaching Weeks 1 and 2 lectures, in preparation for the In-Semester Exam in Teaching Week 5.

In this tutorial, students will sit a practice In-Semester Exam which will contain both multiple choice and short answer questions.

Learning outcomes: L01, L02, L05

Teaching Wk 5 - Contract Law (1)

All students in the Course must sit the In-Semester Exam during the Tuesday lecture time on the 25th March (this includes students enrolled in the Thursday lecture).

For consistency, the material for this week will be recorded for all students.

We will commence with our 3-week study of Contract Law. As an introduction, we will focus on the primary elements involved in the formation of a Contract.

The 3 major requirements for contract formation are:

1.) agreement;

2.) intention and

3.) consideration.ﾠ

Learning outcomes: L01, L02, L03, L05

Tutorial 3 (Tort Law)

The 3% ASSESSABLE Tutorial 2 submission is due online by 9am on Monday 24th March.

This tutorial will be based on the material taught in the Teaching Weeks 3 and 4 lectures.

Learning outcomes: L01, L02, L03, L04, L05

Teaching Wk 6 - Contract Law (2)

In this lecture, we will examine Contract Law in greater detail. Last week, we looked at the 3 requirements needed to form a valid legal contract. This week, we will study the law surrounding the contract itself (after the contract has been formed).

In particular we will identify what does and does not constitute a term of a contract (including how the Parole Evidence Rule affects this). We will also examine other important areas of Contract Law such as promissory estoppel and contractual capacity.

The law to do with disclaimers/exclusion clauses will be discussed at the beginning of the Teaching Week 7 lecture.

Learning outcomes: L01, L02, L03, L05

Tutorial 4 (Tort Law)

In this tutorial, students will attempt to answer a practice ILAC question based on the material taught in the Teaching Week 4 lecture (please note that this will be based on the recorded material from Torts 2 "Other Torts").

Learning outcomes: L01, L02, L03, L04, L05

Teaching Wk 7 - Contract Law (3)

This lecture will commence with an analysis of a question based on the law to do with disclaimers/exclusion clauses (an area mentioned at the end of the Teaching Week 6 material).

Various answers to the question will be provided, ranging from high quality ILAC answers to low quality ILAC answers. This exercise will help you prepare for the upcoming ILAC Problem Scenario Exercise (worth 15%).

For the main part of this lecture, we will examine the 5 Vitiating Factors that can lead to a contract being terminated for lack of free and voluntary consent.

The 5 vitiating factors are: misrepresentation, mistake, undue influence, duress and unconscionable conduct. These vitiating factors will also be discussed in the context of how they may apply to the advice given by professionals such as accountants.

Contract Law remedies will also be discussed, as will the ways in which a contract can be brought to an end.

Learning outcomes: L01, L02, L03, L05

Tutorial 5 (Contract Law 1)

The 3% ASSESSABLE Tutorial 5 submission is due online by 9am on Monday 7th April.

This tutorial will be based on the material taught in the Teaching Week 5 lecture.

Learning outcomes: L01, L02, L03, L04, L05

Teaching Wk 8 - Intellectual Property Law

In this lecture, we will investigate each type of Intellectual Property (IP) Law. Our main focus will be on Copyright law (both in terms of Copyright protection and Copyright infringement).

In addition to Copyright Law, a brief overview of other areas of Intellectual Property (including Trademarks, Patents, Design and Commercial Secret) will also be provided.

Learning outcomes: L01, L02, L03, L05

Tutorial 6 (Contract Law 2)

In this tutorial, students will attempt to answer a practice ILAC question based on the material taught in the Teaching Week 6 lecture.

Learning outcomes: L01, L02, L03, L04, L05

GRADED Problem Set Scenario Assessment (15%)

Your answer will be graded out of 15 and will be worth 15% of your final grade for LAWS1100.

The question will be uploaded to Blackboard on Wednesday Monday 14th April at 2pm.

Students will be required to submit this task online by Thursday 17th April at 5pm.

Learning outcomes: L01, L02, L03, L04

Teaching Wk 9 - Competition and Consumer Law (1)

This week, we will commence with our 2 week study of the Competition and Consumer Act. The lectures will be divided into two main areas: the first focusing on a Schedule to the Competition and Consumer Act called the ACL (Australian Consumer Law) and the second focusing on anti-competitive provisions under the Act itself.

This week, we will examine the areas of Misleading and Deceptive Conduct, Unconscionable Conduct, Unfair Terms, False Representations and Implied Consumer Guarantees, that fall under the Australian Consumer Law (ACL) schedule.

Learning outcomes: L01, L02, L03, L05

Tutorial 7 (Contract Law 3)

The 3% ASSESSABLE Tutorial 7 submission is due online by 9am on Monday 28th April.

This tutorial will be based on the material taught in the Teaching Week 7 lecture.

Learning outcomes: L01, L02, L03, L04, L05

Teaching Wk 10 - Competition and Consumer Law (2)

This is the second lecture in which we learn about the Competition and Consumer Act. In the first half of the lecture, we will finish examining the areas of Misleading and Deceptive Conduct, Unconscionable Conduct, Unfair Terms, False Representations and Implied Consumer Guarantees, that fall under the Australian Consumer Law (ACL) schedule.

In the second half of the lecture, we will then discuss many anti-competitive behaviour provisions that are located under the Competition and Consumer Act 2010. These provisions target behaviour that leads to substantially lessening competition in the marketplace.

Remedies available under the Competition and Consumer Act will also be discussed at the end of this lecture.

Learning outcomes: L01, L02, L03, L05

Tutorial 8 (Intellectual Property Law)

In this tutorial, students will attempt to answer a practice ILAC question based on the material taught in the Teaching Week 8 lecture.

Note: due to the Monday Public Holiday, any student who has a Tutorial scheduled for Monday 5th May (Labour Day), will need to attend another Tutorial this week.

Learning outcomes: L01, L02, L03, L04, L05

Teaching Wk 11 - The Law of Agency

In this lecture, we will examine the law to do with Principals and their Agents and the special relationship that exists between them.

The fiduciary duty that an Agent owes to his/her Principal will also be discussed.

We will conclude the lecture by analysing a question on the Law of Agency. In this Course, the Law of Agency is discussed in the lecture material, but is not part of the Tutorial syllabus. Therefore, a Tutorial style question will be answered during this lecture.

Learning outcomes: L01, L02, L03, L05

Tutorial 9 (Competition and Consumer Law)

The 3% ASSESSABLE Tutorial 9 submission is due online by 9am on Monday 12th May.

This tutorial will be based on the material from the Teaching Weeks 9 and 10 lectures.

Learning outcomes: L01, L02, L03, L04, L05

Problem Set Scenario Answer Analysis Exercise (5%)

The 5% answer analysis exercise will be uploaded to Blackboard on Monday 12th May at 2pm.

Students will be required to submit this task online by Thursday 15th May at 5pm.

This exercise will be in response to the 15% task, that was due on Thursday 17th April at 5pm.

More information about this exercise will be given throughout the Semester.

Learning outcomes: L01, L02, L03, L04

Teaching Wk 12 - Business Structures

In this lecture, we will look at the different types of key business structures in Australia including Sole Traders, Partnerships and Corporations. The main focus of this discussion will be on the area of 'partnerships', which is closely related to the Law of Agency.

This lecture is also aimed at further improving your ability to answer legal questions using the ILAC technique, in preparation for the End-of-semester Examination. An interactive discussion will occur, based upon the Problem Set Scenario Exercises (both the 15% and 5% tasks). General feedback for both assessment items will also be provided throughout this discussion.

Learning outcomes: L01, L02, L03, L04, L05

Teaching Wk 12 - Agency Question

In this lecture, we will analyse a question on the area of Agency Law. As you will recall, the Law of Agency was discussed in the previous lecture, but was not covered in the Tutorial syllabus. This exercise will also help prepare students for the End-of-semester Examination with a further discussion on how to effectively answer legal problems using the ILAC technique.

Learning outcomes: L01, L02, L03, L04, L05

Tutorial 10 (Competition and Consumer Law)

In this tutorial, students will attempt to answer a practice ILAC question based on the material taught in the Teaching Week 10 lecture.

Learning outcomes: L01, L02, L03, L04, L05

Teaching Wk 13 - Revision and Exam Preparation

In this lecture, we will discuss all of the details to do with the End-of-semester Examination. You will also be provided with a brief summary and overview of all the material that has been covered throughout the Semester.

This lecture will be held on Zoom and take approximately 1 hour.