Related Course/s:

Effective 2010, current students refer to unit outline

This is a prescribed unit of study in the Business Major/s. It may also be undertaken as a unit of study in any other Swinburne degree program, subject to the prerequisite and degree requirements.

Aims & Objectives:

The general aims of this unit are to:
• Introduce students to the framework of the Australian legal system and to develop an understanding of basic legal concepts
• Develop an understanding of the background, context and effect of the law and in particular a recognition of the impact of legal obligations on the way in which business operates
• Enable students to recognise legal issues in the conduct of business decision making and in particular to gain an understanding of the law applicable to agreements and their negotiation
• Develop an understanding of the legal repercussions of concluding an agreement (including the impact of statute) and breaching obligations undertaken
• Develop critical thinking and analytical skills

After completing LBL100 students should be able to:
• Describe the general nature and purpose of the court hierarchy
• Explain the link between this hierarchy and the doctrine of precedent
• Apply legal principles to determine contractual disputes
• The learning objectives may also include links to the general unit aims like being able to:
• Appreciate how the courts are involved in the evolution of the common law in response to societal changes and how the legislative powers of government override common law principles
• Recognise the basis for criticisms of the law-making role of the courts
• Engage in debate about the advantages and disadvantages of law-making by the courts

Teaching Methods:

This unit will be taught in a variety of modes including face to face, online, distance and blended modes. Delivery of this unit may be through a mixture of lectures, tutorials, laboratories, seminars and online.

Assessment:

Test 15 - 25%
Assignment 15 - 25%
Final exam 55 - 65%

Generic Skills Outcomes:

LBL100 Introduction to Commercial Law will provide discipline-based knowledge and professional capabilities and experiences contributing to students progress in attaining general skills such as:-

Analysis skills
The class test utilises a seen question, which students have access to for 1 week prior to the test. The final exam is open book. Both assessments have an emphasis upon the ability to think critically and analyse the issues

Problem solving skills
Discussion in tutorials is designed to develop problem-solving skills. Assessment tasks are primarily designed to examine the problem solving skills of students. Students must recognise and synthesise multiple points of view (arguments) and reach a balanced conclusion (decision) by resolving conflicting arguments and ambiguities. A special tutorial is conducted on this technique.

Communications skills
All assessment tasks are designed to develop written communication skills

Ability to tackle unfamiliar problems
The final exam requires students to recognise complex legal issues in unseen problems

Ability to work independently
All pieces of assessment are individually assessed and require independent study

Content:

• Judges as Law-Makers: Law -The Role of the Courts. The Tort of Negligence
• Formation of Contracts: Offers. Acceptance, consideration and intention
• The Content of Contracts: Terms. Specific Terms Excluding Liability
• Validity of Contracts: Duress, Undue Influence and Unconscionability. Misrepresentation and Misleading Conduct
• Termination of Contract and the Consequences: Termination of Contract. Remedies

Reading Materials:

Textbooks: