Commercial Law (LAWS5136)

Course overview

Commercial law addresses some of the issues which arise in commercial law practice such as agency, sale of goods, insurance, and business to business conduct.

Commercial law is designed to equip students with a thorough grounding of the fundamental principles of commercial law. A number of topics will be covered in the course including:

1. The nature of commercial law
2. The drafting and construction of commercial agreements
3. The law of representation at common law and misleading and deceptive conduct
4. The law of sale of goods and the transfer of title, property and risk in goods
5. The law of bailment
6. Statutory regulation of business to business transactions
7. Franchising
8. Insurance law

Commercial law enables students to proceed to advanced studies in commercial law, whether at LLB, LLM or PhD level. It is a course that introduces studies in courses such asﾠConsumer Protection, Competition Law, Financial Services Regulation,ﾠInsurance and Maritime Law.

Course requirements

Assumed background

Commercial law is offered as a later year elective. It is recommended that students will have completedﾠTrusts A & Bﾠand Property A & B (or their equivalents) and Corporate Law.

Prerequisites

You'll need to complete the following courses before enrolling in this one:

(LAWS1700 + 1701 + 1702 + 2702 + 2703 + ((2704 + 2705) or 2709) + 2706 + 2707 + 3702); or (LAWS1113 + 1114 + 2111 + 2112 + 3111 + 3112 + 3113 + 3114 + 4112)

Incompatible

You can't enrol in this course if you've already completed the following:

LAWS7136

Restrictions

LLB(Hons)(#64), LLB(Hons)(#48), LLB (Graduate Entry), LLB(Hons) duals and LLB dual programs.

Course contact

Course staff

Timetable

The timetable for this course is available on the UQ Public Timetable.

Aims and outcomes

Teaching Mission Statement

The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.

Course Aims

At the end of the course students should be able to demonstrate a good knowledge and understanding of the key principles that form the basis for commercial law. Students should be able to apply those principles to analyse and resolve problem situations as well as critically evaluate any unresolved questions in the field.

Learning outcomes

After successfully completing this course you should be able to:

Assessment

Assessment summary

Assessment details

Drafting Exercise

• Online

Mode

Written

Category

Essay/ Critique

Weight

10%

Due date

5/08/2024 2:00 pm

Learning outcomes

L01, L02, L03, L04, L05

Task description

Submission guidelines

The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

Take Home Assessment (Mid-semester)

• Online

Mode

Written

Category

Paper/ Report/ Annotation

Weight

45%

Due date

2/09/2024 - 5/09/2024

The take home assessment will be released on the course Blackboard page on Monday, 2 September 2024 at 2pm, and due on Thursday, 5 September 2024 at 2pm.

Learning outcomes

L01, L02, L03, L04, L05

Task description

Submission guidelines

The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

Take Home Assessment (Final)

• Online

Mode

Written

Category

Paper/ Report/ Annotation

Weight

45%

Due date

18/10/2024 - 22/10/2024

The take home assessment will be released on the course Blackboard page on Friday, 18 October 2024 at 2pm, and due on Tuesday, 22 October 2024 at 2pm.

Learning outcomes

L01, L02, L03, L04, L05

Task description

Submission guidelines

The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

Course grading

Full criteria for each grade is available in the Assessment Procedure.

Supplementary assessment

Supplementary assessment is available for this course.

Learning resources

You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.

Library resources

Find the required and recommended resources for this course on the UQ Library website.

Additional learning resources information

Lecture Notes, Tutorial Questions and other materials will be posted on Blackboard throughout the course.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

Policies and procedures

University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:

• Student Code of Conduct Policy
• Student Integrity and Misconduct Policy and Procedure
• Assessment Procedure
• Examinations Procedure
• Reasonable Adjustments - Students Policy and Procedure

Learn more about UQ policies on my.UQ and the Policy and Procedure Library.

School guidelines

Your school has additional guidelines you'll need to follow for this course:

• Law School Announcements and Policies