Course Title: Determine appropriate aspects of commercial law

Part B: Course Detail

Teaching Period: Term1 2020

Course Code: JUST5749

Course Title: Determine appropriate aspects of commercial law

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

Course Contact: Callie Harvey

Course Contact Phone: +61 3 9925 5772

Course Contact Email: callie.harvey@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

 

 

 

 

Nominal Hours: 50

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

None

Course Description

This unit describes the skills and knowledge required to appropriately apply aspects of commercial law, including partnerships, bankruptcy, business names, franchises and trusts, in order to support the work of a legal office, practice or associated context.

This unit supports the work of personnel engaged in the operation of a legal office or associated fields within public and/or corporate sectors.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU21636 Determine appropriate aspects of commercial law

Element:

1.Evaluate Common Law as to agency and the rights, duties and obligations of the parties

Performance Criteria:

1.1 Specify the purpose and existence of an agency, including the relationship of the principal, agent and third parties

1.2 Outline the process for the creation of the Agency and distinguish the difference between agencies created

1.3 Identify and assess the scope of an Agent's Authority

1.4 Explain types of Agents and the differences between them

1.5 Specify the duties, rights and liabilities of the agent and analyse for application

1.6 Specify the duties, rights and liabilities of the principal and analyse for application

1.7 Identify the ways in which an agency agreement may be terminated and analyse for application

1.8 Apply the Law of Agency to case examples

Element:

2.Identify and assess the key features of forming partnerships

Performance Criteria:

2.1 Classify the factors that constitute a partnership and analysed for application

2.2 Specify the factors relevant to forming a partnership and analyse for application

2.3 Compare and contrast, for application to practice, the advantages and disadvantages inherent in an unlimited or general partnership

Element:

3.Identify and apply the legal requirements of partnerships

Performance Criteria:

3.1 Analyse and determine the relations of partners to outsiders

3.2 Analyse the relationship of partners to each other

3.3 Classify the legal factors relevant to the dissolution or change in composition of a partnership

3.4 Analyse and compare the main features of a limited partnership with a general partnership

Element:

4.Analyse the rights and obligations of creditors and debtors

Performance Criteria:

4.1 Classify and contrast the legal alternatives available to a creditor in relation to a debtor who fails to pay a debt

4.2 Identify and describe the administration of bankruptcy

4.3 Analyse for application, the legal issues and procedures involved with bankruptcy as a consequence of a creditor's petition

4.4 Specify the procedures and documentation related to a debtor's petition

4.5 Classify and analyse the types of arrangements available under Part X of the Bankruptcy Act, including the circumstances in which such arrangements may be appropriate, with reference to deeds of composition, deeds of assignment and deeds of arrangement

4.6 Examine for application, the nature and uses of a Bankruptcy Act Part IX debt agreement

Element:

5.Analyse the consequences of bankruptcy upon the parties involved

Performance Criteria:

5.1 Identify the property that is available for distribution amongst creditors under the Bankruptcy Act and analyse the doctrine of relation back, undervalued transactions, transactions to defeat creditors, and undue preferences

5.2 Research and discuss the effects of bankruptcy, on the bankrupt, secured and unsecured creditors and the debtor's property

5.3 Compare for application to practice, the rights of secured and unsecured creditors, in relation to being paid

5.4 Identify and describe the circumstances in which a bankrupt can be discharged from bankruptcy, including the implications for the bankrupt and the creditors

Element:

6.Determine and apply the major features of trusts

Performance Criteria:

6.1 Identify and describe the major features of trusts

6.2 Compare and contrast, for application, the various reasons for using trusts

6.3 Explain the methods of creating various forms of trusts and their nature

6.4 Identify and describe the legal factors governing the role of trustees

6.5 Analyse the rights of the beneficiaries of a trust with reference to: the circumstances in which they may direct the trustee, and their rights when the trustee has breached a duty as a trustee

6.6 Assess the process of the winding up of trusts with reference to: distribution of assets to beneficiaries as authorised by the trust instrument, release or variation from the trust obligations, and disposition of the trust property

Element:

7.Analyse the legal requirements of the use and registration of business, company and association names, and the rights of their owners

Performance Criteria:

7.1 Evaluate for application, the legal requirements related to the registration and use of business, company and association names

7.2 Identify the legal protection available to the user of a name in relation to the tort of passing off, Trade Practices Act 1974, tort of deceit, corporations law and Associations Incorporation Act

7.3 Explain the legal authority as representative of partners, those acting on behalf of associations, the trustees, and company directors and officers

Element:

8.Analyse the legal nature of franchises

Performance Criteria:

8.1 Specify and describe the factors which constitute franchises

8.2 Specify the legal nature of a franchise and analyse for application

8.3 Research and discuss the impact of the Franchising Code of Conduct upon franchises

8.4 Research and discuss the impact of the Trade Practices Act 1974 on franchises

8.5 Research and discuss the rights and liabilities of the parties in franchises


Learning Outcomes



 


Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment. We expect you to participate and contribute in all scheduled learning activities.

 


Teaching Schedule

This course is comprised of one competency: VU21636 Determine appropriate aspects of commercial law

 

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:

  • Program overview and requirements
  • MyRMIT/Canvas
  • Overview of assessment requiements
  • Pre-Training Review including:
    • Recognition of Prior Learning and Credit Transfers
    • Assessment of current skills and knowledge
  • Competency/Grading Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student responsibilities 

The Teaching Schedule for this course is as follows.

Please note that this schedule is subject to change.

Course Schedule: Determine appropriate aspects of commercial law, Semester 1, 2020

Week

 Topic

 Assessment

Week 1

February 10

Overview of Course –

Business structures/organisations

 

Week 2

February 17

Business structures/organisations, Partnership Law

 

Week 3

February 24

Partnership Law

 

Week 4

March 2

Partnership Law, Agency law

Assessment Task 1: Individual Research Assignment - to be handed out and due to be submitted electronically in Week 8.

Topics - Business structures/organisations, partnership law, agency law. You will receive feedback in Week 10, Resubmission if required in Week 11.

Week 5

March 9

Agency Law, Trusts

 

Week 6

March 16

Trusts

 

Week 7

March 23

Franchises

Overview of Assessment Task 2 - Law of Trusts– partly group based, partly individual including outline of criteria for selection of Groups.

Week 8

March 30

Franchises, Protection of Commercial Interests by Registration.

Assessment Task 1: due to be submitted online.

Assessment Task 2: Oral Presentation - partly group/partly individual assignment to be distributed and due to be submitted in Week 12.

Oral presentations to be conducted in Weeks 12 and 13, feedback in Week 14 and re-submission if required in Week 16.

Week 9

April 6

Enforcement of civil debts, Bankruptcy

 

Mid-Semester Break

Week 10

April 20

Bankruptcy

 

Week 11

April 27

Bankruptcy

 

Week 12

May 4

Assessment Task 2 - Presentations

Assessment Task 2: due to be submitted online.

Oral Trust presentations

Week 13

May 11

Presentations (complete) & Revision

Remaining Oral trust presentations to be conducted at commencement of this class.

Practice Open Book test questions discussed

Week 14

May 18

Revision

Practice Open Book test Questions/solutions

Week 15

May 25

Open book Test (2 hours)

(Now deferred to wednesday30 October due to class realignment)

 

Assessment Task 3: Test 
Open Book – 2 hours plus 15 minutes reading time.

Test will cover following elements:-

Rights of creditors and debtors, Bankruptcy, Registration of business names, Franchising law. Feedback by Week 16. Resubmission if required in Week 16.

Week 16

June 1

Deferred Assessments, Resubmissions

Now to be completed in week 17)

 

Week 17

June 8

Grade Entry

 

The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete this course.  This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

 


Learning Resources

Prescribed Texts


References

James, N. Business Law, 4th edition 2017, John Wiley & Sons Australia Ltd

9780730328315


Other Resources

Online learning materials can be accessed by going into the RMIT web sites Online Learning Hub.

The online learning materials listed include:

  • Course outlines
  • Power point Presentations
  • Supporting Reading material
  • Industry relevant articles
  • Activities.

 


Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• determining appropriate application of aspects of commercial law including partnerships, bankruptcy, trusts, franchises and business names and with reference to the rights and obligations of the parties
• examining bankruptcy in the context of the rights and obligations of creditors and debtors, and its consequences
• analysing trust in relation to its features, its creation, maintenance and dissolution processes, and the rights and obligations of parties involved
• examining the legal requirements of the business name and the owner’s rights
• analysing the legal nature, regulation and the rights and liabilities of the parties concerned in a franchise

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.


Feedback

Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.
 


Assessment Tasks

In order to achieve competency in this unit, you must satisfactorily complete the criteria for each of the three assessments in this course.

 

Assessment Task 1: Individual Research Assignment

Due: Sunday, 5 April 2020

Topics - Agency Law, Business organisations, Partnership Law

Assessment takes the form of concept - based questions on Agency Law, Business structures/organisations & Partnership Law, as well as case study questions on Agency law & Partnership law

 

Assessment Task 2: Research report & Oral presentation– Individual /Group

Due: Wednesday, 12 February 2020

Topic – Trusts Law

Assessment takes the form of a group research project on chosen charitable or philanthropic trust or Foundation, which includes group oral presentation and report on research findings, together with further concept based & case study questions on the law of trusts – individual.

 

Assessment Task 3: Class Test Open Book

Due: Sunday, 31 May 2020

Topics – Franchising Law, Registration of Commercial interests, Debt recovery & Bankruptcy

Assessment takes the form of multiple choice, concept based & case study questions                                                       

 


Assessment Matrix

The assessment matrix that maps all the assessments is available on CANVAS.

 

Other Information

Submission Requirements

  • Ensure that you submit assessments on or before the due date.
  • Always retain a copy of your assessment tasks. (hard copy and soft copy)
  • When you submit work for assessment at RMIT University you need to use the Assessment task document that includes a declaration and statement of authorship.
  • Each page of your assessment should include a footer with your name, student number, the title of the assessment, unit code and title and page numbers.

 

Resubmissions (VET Programs)

If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task you will be allowed one resubmission.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission.

If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.

 

Penalties for Late Submission 

Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).

 

Extensions, Special Consideration and Adjustment to Assessments

Extensions:

Extensions are available for unforeseen circumstances of a short-term nature.

An application form must be submitted to the school at least one working day before the due date of the assessment.

Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)

 

Special consideration:

Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.

An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date

For more information, see the Special Consideration page of the RMIT website.

 

Adjustments to Assessment:

RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.

 

Changes to the Assessment Scheme

Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.

 

Feedback

You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.

 

Academic Integrity and Misconduct

Students demonstrate academic integrity in their assessment practices by:

  • engaging with assessment activities in an honest way;
  • providing accountability for the authorship and originality of work submitted;
  • acknowledging the work of others and the re-use of original work.

Academic misconduct is addressed in accordance with the Student conduct policy

Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.

For further information see the Academic Integrity website.

 

Review and Appeal

A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.

 

Grade Criteria

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

The following grades are available for this course.

Vocational education grades:

CA - Competency Achieved

NYC - Not Yet Competent

DNS - Did Not Submit for assessment

 

Course Overview: Access Course Overview