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

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

Week 1
7th February
Week 2
14th February
Week 3
21st February
Week 4
28th February
Enforcement procedures 
Week 5
7th March
Week 6
14th March
Class Test (Open Book). Test 1 worth 35% covering Learning Outcomes 1 and 2. (Open Book).
Week 7
21st March

Week 8

28th March

Week 9
4th April

Week 10

11th April

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
Week 13
9th May
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


Turner, C, "Australian Commercial Law", Lawbook company
Lattimer, P, "Australian Business Law", CCH
Rose, D.L, "Lewis' 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 & 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 outcomesAssessment 
1 and 2Test 125%
3 and 4Test 235%
5-7 (inclusive)Test 340%

Course Overview: Access Course Overview