Course Title: Determine appropriate aspects of commercial law
Part B: Course Detail
Teaching Period: Term2 2016
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: Robert Sheen
Course Contact Phone: 9925-5759
Course Contact Email: robert.sheen@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Paul Ryan
9925 5466
80.05.018
(available Monday to Thursday)
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 |
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 |
Element: |
3.Identify and apply the legal requirements of partnerships |
Performance Criteria: |
3.1 Analyse and determine the relations of partners to outsiders |
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 |
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 |
Element: |
6.Determine and apply the major features of trusts |
Performance Criteria: |
6.1 Identify and describe the major features of trusts |
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 |
Element: |
8.Analyse the legal nature of franchises |
Performance Criteria: |
8.1 Specify and describe the factors which constitute franchises |
Learning Outcomes
Details of Learning Activities
Teaching Schedule
Week Beginning |
Topic |
Assessment |
Week 1 – 04 July |
Overview of Course (Introductory Session) – Business structures |
|
Week 2 – 11 July |
Business structures |
|
Week 3 – 18 July |
Partnership Law, |
|
Week 4 – 25 July |
Partnership Law, Agency law, |
Written assignment Assessment Task 1 – to be handed out, due week 8 – individual assignment – (35%) - topics business structures, partnership law, agency |
Week 5 – 01 August |
Trusts |
|
Week 6 – 08 August |
Trusts |
|
Week 7 – 15 August |
Franchises |
Selection of Groups for trust presentations –overview of group assignment – Assessment task 2 – (25%) |
Week 8 22 August |
Franchises |
Written assignment (Ass 1) - due (35%) to be submitted Confirmation of groups, distribute task to groups and discuss – written assignment due in week 13. Oral presentations to be conducted in weeks 13, 14 |
29 Aug – 2 Sept |
Mid Semester break |
|
Week 9 – 5 Sept
|
Protection of Commercial Interests by Registration |
|
Week 10 –12 Sept |
Enforcement of civil debts, bankruptcy |
|
Week 11 – 19 September |
Bankruptcy |
|
Week 12 – 26 September |
Bankruptcy |
|
Week 13 – 06 October |
Presentations |
Group Assignment (25%) to be submitted. Oral Trust Presentations to be conducted during this class with remainder in week 14. |
Week 14 – 13 October |
Presentations & Revision |
Remaining trust presentations to be conducted during this class.
|
Week 15 – 20 October |
Open book Test (2 hours)
|
Class Test -open book (40%) – Test will cover learning outcomes 4, 5, 6, 7 and 8. |
Week 16 – 27 October |
Outcome of Group Presentations, Feedback and Assessment Review, Deferred Assessments
|
|
Learning Resources
Prescribed Texts
References
Other Resources
Recommended – any of the following texts:
Nickolas James - Business Law(Wiley 3rd ed 2014
M.L.Barron – Fundamentals of Business Law (McGraw Hill Education 7th Rev 2013)
Charles Chew - Business Law Guidebook (Oxford 2nd ed 2014)
Christopher Brien – Equity & Trusts Guidebook (Oxford 2nd ed 2015)
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
Assessment Tasks
Assessment will be by means of:
Written assignment - (individual assignment) 35%
Research report & oral presentation – (groups of 2) 25%
Class Test (open book) 40%
TOTAL 100%
To be deemed competent in this course, students must satisfactorily complete all assessments.
Once competency has been achieved, assessment will be graded according to the following mark table:
Grade |
Mark |
CHD |
> = 80 |
CDI |
70 - 79 |
CC |
60 - 69 |
CAG |
50 - 59 |
Assessment Matrix
Course Overview: Access Course Overview