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

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.

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 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 JunFeedback on course, assessments 

Learning Resources

Prescribed Texts

"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

Other Resources

Overview of Assessment

Assessment will consist of written tests.

Assessment Tasks

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%.

Assessment Matrix

Learning Outcomes                Assessment                                                                                                         % marks
1 and 2   Test 1            25%
3 and 4   Test 2            35%
5 to 7   Test 3            40%                                                                                                           

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