Course Title: Commercial Law
Part B: Course Detail
Teaching Period: Term1 2011
Course Code: LAW5048
Course Title: Commercial Law
School: 650T TAFE Business
Campus: City Campus
Program: C6070 - Advanced Diploma of Business (Legal Practice)
Course Contact : Andrew Webster
Course Contact Phone: +61 3 9925 5458
Course Contact Email:andrew.webster@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.
Details of Learning Activities
Students will study the principles of Company and Associations 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 | ASSESSMENTS | |
| Week 1 7th February |
Partnerships | |
| Week 2 14th February |
Partnerships | |
| Week 3 21st February |
Partnerships | |
| Week 4 28th February |
Enforcement procedures | |
| Week 5 7th March |
Bankruptcy | |
| Week 6 14th March |
Class Test (Open Book). | Test 1 worth 35% covering Learning Outcomes 1 and 2. (Open Book). |
| Week 7 21st March |
Bankruptcy | |
|
Week 8 28th March |
Bankruptcy | |
| Week 9 4th April |
Trusts | |
|
Week 10 11th April |
Trusts | |
| Week 11 18th April |
Class test (Open book). | Test 2 worth 35% covering learning outcomes 3 and 4.(Open Book). |
| Mid Semester Break 21st April - 27th April | ||
| Week 12 2nd May |
Trusts/Franchising | |
| Week 13 9th May |
Franchising | |
| Week 14 16th May |
Franchising/Names of business organisations and legal protection in relation to use of name. Dealing with representativesof Business Organizations |
|
| Week 15 23rd May |
Class Test (Open Book). |
Test 3 worth 40% covering Learning Outcomes 5 - 7 inclusive.(Open Book). |
| Week 16 30th May |
Feedback/ Deferred Assessments | |
| Week 17 6th June |
Practical Placement |
Learning Resources
Prescribed Texts
"Business Law" by A Gibson, D Fraser, 5th Edition, Pearson Prentice Hall |
References
Turner, C, "Australian Commercial 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 & 2
Test 2, Worth 35% Will cover learning outcomes 3 & 4
Test 3, Worth 40% Will cover learning outcomes 5 - 7 (inclusive)
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. 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 assessments and have a total mark of not less than 50%
Assessment Matrix
| Learning outcomes | Assessment | |
| 1 and 2 | Test 1 | 25% |
| 3 and 4 | Test 2 | 35% |
| 5-7 (inclusive) | Test 3 | 40% |
Course Overview: Access Course Overview