Course Title: Determine appropriate aspects of commercial law

Part B: Course Detail

Teaching Period: Term2 2016

Course Code: JUST5749

Course Title: Determine appropriate aspects of commercial law

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

Course Contact: Robert Sheen

Course Contact Phone: 9925-5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Paul Ryan

paul.ryan@rmit.edu.au

9925 5466

80.05.018

 

(available Monday to Thursday)

 

Nominal Hours: 50

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

None

Course Description

This unit describes the skills and knowledge required to appropriately apply aspects of commercial law, including partnerships, bankruptcy, business names, franchises and trusts, in order to support the work of a legal office, practice or associated context.

This unit supports the work of personnel engaged in the operation of a legal office or associated fields within public and/or corporate sectors.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU21636 Determine appropriate aspects of commercial law

Element:

1.Evaluate Common Law as to agency and the rights, duties and obligations of the parties

Performance Criteria:

1.1 Specify the purpose and existence of an agency, including the relationship of the principal, agent and third parties
1.2 Outline the process for the creation of the Agency and distinguish the difference between agencies created
1.3 Identify and assess the scope of an Agent’s Authority
1.4 Explain types of Agents and the differences between them
1.5 Specify the duties, rights and liabilities of the agent and analyse for application
1.6 Specify the duties, rights and liabilities of the principal and analyse for application
1.7 Identify the ways in which an agency agreement may be terminated and analyse for application
1.8 Apply the Law of Agency to case examples.

Element:

2.Identify and assess the key features of forming partnerships

Performance Criteria:

2.1 Classify the factors that constitute a partnership and analysed for application
2.2 Specify the factors relevant to forming a partnership and analyse for application
2.3 Compare and contrast, for application to practice, the advantages and disadvantages inherent in an unlimited or general partnership

Element:

3.Identify and apply the legal requirements of partnerships

Performance Criteria:

3.1 Analyse and determine the relations of partners to outsiders
3.2 Analyse the relationship of partners to each other
3.3 Classify the legal factors relevant to the dissolution or change in composition of a partnership
3.4 Analyse and compare the main features of a limited partnership with a general partnership

Element:

4.Analyse the rights and obligations of creditors and debtors

Performance Criteria:

4.1 Classify and contrast the legal alternatives available to a creditor in relation to a debtor who fails to pay a debt
4.2 Identify and describe the administration of bankruptcy
4.3 Analyse for application, the legal issues and procedures involved with bankruptcy as a consequence of a creditor's petition
4.4 Specify the procedures and documentation related to a debtor's petition
4.5 Classify and analyse the types of arrangements available under Part X of the Bankruptcy Act, including the circumstances in which such arrangements may be appropriate, with reference to deeds of composition, deeds of assignment and deeds of arrangement
4.6 Examine for application, the nature and uses of a Bankruptcy Act Part IX debt agreement

Element:

5.Analyse the consequences of bankruptcy upon the parties involved

Performance Criteria:

5.1 Identify the property that is available for distribution amongst creditors under the Bankruptcy Act and analyse the doctrine of relation back, undervalued transactions, transactions to defeat creditors, and undue preferences
5.2 Research and discuss the effects of bankruptcy, on the bankrupt, secured and unsecured creditors and the debtor's property
5.3 Compare for application to practice, the rights of secured and unsecured creditors, in relation to being paid
5.4 Identify and describe the circumstances in which a bankrupt can be discharged from bankruptcy, including the implications for the bankrupt and the creditors

Element:

6.Determine and apply the major features of trusts

Performance Criteria:

6.1 Identify and describe the major features of trusts
6.2 Compare and contrast, for application, the various reasons for using trusts
6.3 Explain the methods of creating various forms of trusts and their nature
6.4 Identify and describe the legal factors governing the role of trustees
6.5 Analyse the rights of the beneficiaries of a trust with reference to: the circumstances in which they may direct the trustee, and their rights when the trustee has breached a duty as a trustee
6.6 Assess the process of the winding up of trusts with reference to: distribution of assets to beneficiaries as authorised by the trust instrument, release or variation from the trust obligations, and disposition of the trust property

Element:

7.Analyse the legal requirements of the use and registration of business, company and association names, and the rights of their owners

Performance Criteria:

7.1 Evaluate for application, the legal requirements related to the registration and use of business, company and association names
7.2 Identify the legal protection available to the user of a name in relation to the tort of passing off, Trade Practices Act 1974, tort of deceit, corporations law and Associations Incorporation Act
7.3 Explain the legal authority as representative of partners, those acting on behalf of associations, the trustees, and company directors and officers

Element:

8.Analyse the legal nature of franchises

Performance Criteria:

8.1 Specify and describe the factors which constitute franchises
8.2 Specify the legal nature of a franchise and analyse for application
8.3 Research and discuss the impact of the Franchising Code of Conduct upon franchises
8.4 Research and discuss the impact of the Trade Practices Act 1974 on franchises
8.5 Research and discuss the rights and liabilities of the parties in franchises

Learning Outcomes



 


Details of Learning Activities

 

 


Teaching Schedule

Week Beginning

 Topic

 Assessment

Week 1 – 

04 July

Overview of Course (Introductory Session) –

Business structures

 

Week 2 –

11 July

Business structures

 

Week 3 –

18 July

Partnership Law,

 

Week 4 – 

25 July

Partnership Law, Agency law,

Written assignment Assessment Task 1 – to be handed out, due week 8 – individual assignment – (35%) - topics business structures, partnership law, agency

Week 5 – 

01 August

Trusts

 

Week 6 –

08 August

Trusts

 

 

Week 7 –

15 August

Franchises

Selection of Groups for trust presentations –overview of group assignment – Assessment task 2 – (25%)

Week 8

22 August

Franchises

Written assignment (Ass 1) - due (35%) to be submitted

Confirmation of groups, distribute task to groups and discuss – written assignment due in week 13.

Oral presentations to be conducted in weeks 13, 14

29 Aug – 2 Sept

Mid Semester break

 

Week 9 – 5 Sept

 

Protection of Commercial Interests by Registration

 

Week 10 –12 Sept

 Enforcement of civil debts, bankruptcy

 

Week 11 –

19 September

Bankruptcy

 

Week 12 –

26 September

Bankruptcy

 

Week 13 – 

06 October

Presentations

Group Assignment (25%) to be submitted.

Oral Trust Presentations to be conducted during this class with remainder in week 14.

Week 14 –

13 October

 Presentations &

Revision

Remaining trust presentations to be conducted during this class.

 

Week 15 –

20 October

 Open book Test (2 hours)

 

Class Test -open book (40%) – Test will cover learning outcomes 4, 5, 6, 7 and 8.

Week 16 –

27 October

Outcome of Group Presentations, Feedback and Assessment Review, Deferred Assessments

 

 

 

 

 


Learning Resources

Prescribed Texts


References


Other Resources

 

Recommended – any of the following texts:

Nickolas James - Business Law(Wiley 3rd ed 2014

M.L.Barron – Fundamentals of Business Law (McGraw Hill Education 7th Rev 2013)

Charles Chew - Business Law Guidebook (Oxford 2nd ed 2014)

Christopher Brien – Equity & Trusts Guidebook (Oxford 2nd ed 2015)

 


Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• determining appropriate application of aspects of commercial law including partnerships, bankruptcy, trusts, franchises and business names and with reference to the rights and obligations of the parties
• examining bankruptcy in the context of the rights and obligations of creditors and debtors, and its consequences
• analysing trust in relation to its features, its creation, maintenance and dissolution processes, and the rights and obligations of parties involved
• examining the legal requirements of the business name and the owner’s rights
• analysing the legal nature, regulation and the rights and liabilities of the parties concerned in a franchise

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.


Feedback

Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.
 


Assessment Tasks

 

Assessment Tasks

 

Assessment will be by means of:

 

Written assignment             - (individual assignment)               35%

 

Research report & oral presentation – (groups of 2)                25%

 

Class Test (open book)                                                                   40%

 

TOTAL                                                                                            100%

 

 

To be deemed competent in this course, students must satisfactorily complete all assessments.

 

Once competency has been achieved, assessment will be graded according to the following mark table:

 

 

Grade

Mark

CHD

> = 80

CDI

70 - 79

CC

60 - 69

CAG

50 - 59

 


Assessment Matrix

Course Overview: Access Course Overview