Course Title: Commercial Law

Part B: Course Detail

Teaching Period: Term1 2007

Course Code: LAW5048

Course ID: 018358

Course Title: Commercial Law

School: 650T TAFE Business

Program Code: C6070 - Advanced Diploma of Business (Legal Practice)

Course Contact : Linda Kam

Course Contact Phone: +61 3 9925 5725

Course Contact Email: linda.kam@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 51

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

LAW5040 Legal Process [VBM898]
LAW5043 Law of Contract [VBM895]

Course Description

This module covers partnerships, bankruptcy, trusts, business names, company and association names and franchises.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VBM899 Commercial Law


Learning Outcomes


1. Analyse partnerships, their advantages and disadvantages, and examine the steps necessary to create them.
2. Analyse and determine the legal requirements of partnerships and discuss the relationships of partners to each other and to parties outside the partnership.
3. Analyse the rights and obligations of creditors and debtors in the context of the alternative consequences which may follow a debtor’s failure to pay.
4. Analyse the consequences of bankruptcy upon the parties involved.
5. Analyse the major features of trusts, the process of their creation, maintenance and dissolution, and the rights and responsibilities of the parties involved.
6. Analyse the legal requirements of the use and registration of business, company and association names, and the rights of their owners.
7. Analyse the legal nature of franchises, their regulation, and the rights and liabilities of the parties.


Overview of Learning Activities


Details of Learning Activities

Students will study the principles of Commercial Law in class sessions, practical sessions and through prescribed exercises and assessment work. These concepts will also be explored through the investigation of the application in the real world and simulated environments


Teaching Schedule

 Weekly Schedule 
Week beginning  
Week 1 – 12th FebPartnerships 
Week 2 – 19th FebPartnerships 
Week 3 –26th FebPartnerships 
Week 4 –5th MarEnforcement procedures 
Week 5 –12th Mar Test 1 worth 25% covering Learning Outcomes 1 and 2
Week 6 –19th MarBankruptcy 
Week 7 –26th MarBankruptcy 
Week 8 –2nd AprilBankruptcy 
 Mid-semester Break (Student vacation) – 5th to 11th April 
Week 9 –16th AprilTrusts 
Week 10 – 23rd AprilTrusts 
Week 11 –30th April Test 2 worth 35% covering Learning Outcomes 3 and 4
Week 12 – 7th MayTrusts 
Week 13 –14th MayFranchising 
Week 14 – 21st MayFranchising and names of business organisations 
Week 15 – 28th MayDealings with representatives of business organisations and and legal protection
in relation to use of a name
 
Week 16 – 4th JuneRevision 
Week 17 – 11th June Test 3 worth 40% covering Learning Outcomes 5 to 7
Week 18 – 18th JuneFeedback on course, assessments  

Overview of Learning Resources


Learning Resources

Prescribed Texts

Gibson A and Fraser D, Business Law 3rd ed Pearson Education Australia 2007


References

Turner,C. “Australian Commercial Law,” Lawbook Company

Latimer,P “ Australian Business Law,” CCH

Rose, D.L. “ Lewis’s Bankruptcy Law,” Lawbook Company


Other Resources


Overview of Assessment

Assessment will consist of written tests.


Assessment Tasks

Written Test 1 covering Learning Outcomes 1 and 2, Written Test 2 covering Learning Outcomes 3 and 4 and Written Test 3 covering Learning Outcomes 5 to 7.

The written tests, under “Open Book” conditions, will focus on the student’s ability to solve problems and provide meaningful solutions to a set of questions asked of them. The tests will be conducted in the classroom and will cover the elements set out in the learning outcomes.

The student will be required to undertake research and assessment practice outside of regular class times. Homework exercises are provided to the student to facilitate their learning in a self-paced manner and form part of the overall achievement of the learning outcomes in this course. Students are reminded that they are expected to conduct an equal amount of time outside of class, research and furthering their understanding of the concepts being taught, as they do in class to be deemed to have passed this course.

Other Information

Where there are multiple assessments for a single course, the students must satisfactorily complete all assessment and have a total mark of not less than 50% to pass this course..

Grade:  HD   Mark:  > = 80    Description:  High Distinction
Grade:  DI    Mark:  70 - 79    Description:  Distinction
Grade:  CR   Mark :  60 - 69    Description:  Credit
Grade:  PA    Mark:  50 - 59    Description:  Pass
Grade:  NN   Mark:  < 50    Description:  Fail
Grade:  CA    Mark:  Not Applicable    Description:  Competency Achieved
Grade:  NYC    Mark:  Not Applicable    Description:  Not Yet Competent

Course Overview: Access Course Overview