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: firstname.lastname@example.org
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]
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
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
|Week 1 – 12th Feb||Partnerships|
|Week 2 – 19th Feb||Partnerships|
|Week 3 –26th Feb||Partnerships|
|Week 4 –5th Mar||Enforcement procedures|
|Week 5 –12th Mar||Test 1 worth 25% covering Learning Outcomes 1 and 2|
|Week 6 –19th Mar||Bankruptcy|
|Week 7 –26th Mar||Bankruptcy|
|Week 8 –2nd April||Bankruptcy|
|Mid-semester Break (Student vacation) – 5th to 11th April|
|Week 9 –16th April||Trusts|
|Week 10 – 23rd April||Trusts|
|Week 11 –30th April||Test 2 worth 35% covering Learning Outcomes 3 and 4|
|Week 12 – 7th May||Trusts|
|Week 13 –14th May||Franchising|
|Week 14 – 21st May||Franchising and names of business organisations|
|Week 15 – 28th May||Dealings with representatives of business organisations and and legal protection |
in relation to use of a name
|Week 16 – 4th June||Revision|
|Week 17 – 11th June||Test 3 worth 40% covering Learning Outcomes 5 to 7|
|Week 18 – 18th June||Feedback on course, assessments|
Overview of Learning Resources
Gibson A and Fraser D, Business Law 3rd ed Pearson Education Australia 2007
Turner,C. “Australian Commercial Law,” Lawbook Company
Latimer,P “ Australian Business Law,” CCH
Rose, D.L. “ Lewis’s Bankruptcy Law,” Lawbook Company
Overview of Assessment
Assessment will consist of written tests.
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.
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