Course Title: Commercial Law
Part B: Course Detail
Teaching Period: Term1 2008
Course Code: LAW5048
Course Title: Commercial Law
School: 650T TAFE Business
Campus: City Campus
Program: C6070 - Advanced Diploma of Business (Legal Practice)
Course Contact : John Marshall
Course Contact Phone: +61 3 9925 5453
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.
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 11th Feb
|Week 2 18th Feb||Partnerships|
|Week 3 25th Feb||Partnerships|
|Week 4 3rd Mar||Enforcement procedure|
|Week 5 10th Mar||Test 1 worth 25% covering Learning Outcomes 1 and 2|
|Week 6 17th Mar||Bankruptcy|
Mid Semester Break 20th -26th March
|Week 7 31st Mar||Bankruptcy|
|Week 8 7 Apr||Bankruptcy|
|Week 9 14th Apr||Trusts|
|Week 10 21st Apr||Trusts|
|Week 11 28th Apr||Test 2 worth 35% covering Learning Outcomes 3 and 4|
|Week 12 5th May||Trusts|
|Week 13 12th May||Franchising|
|Week 14 19th May||Names of Business Organisations and legal preotection in relation to use of name|
|Week 15 26th May||Dealings with representatives of business organisations|
|Week 16 2nd Jun||Revision|
|Week 17 9th Jun||Test 3 worth 40% covering Learning Outcomes 5 to 7|
|Week 18 16th Jun||Feedback on course, assessments|
"Business Law" by Andy Gibson and Douglas Fraser, 2nd edition, PEARSON Prentice-Hall
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.
Test 1,worth 25%, will cover Learning Outcomes 1 and 2.
Test 2, worth 35%, will cover Learning Outcomes 3 and 4.
Test 3, worth 40%, will cover Learning Outcomes 5 to 7.
The written tests, under "Open Book" conditions, will focus on the students’ 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.
To pass this course students must satisfactorily complete all assessment and have a total mark of not less than 50%.
|Learning Outcomes||Assessment||% marks|
|1 and 2||Test 1||25%|
|3 and 4||Test 2||35%|
|5 to 7||Test 3||40%|
Course Overview: Access Course Overview