Undergraduate - UnitLAW4198 - Australian commercial law

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

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Level	Undergraduate
Faculty	Faculty of Law
Offered	Clayton Second semester 2013 (Day)

Synopsis

Fundamentals of commercial law emphasising the Australian approach. The nature of commercial law from a functional perspective and need for reform of the law of sale in Australia. Overview of personal property and concepts of transfer of ownership and bailment. Major topics are law of agency (types of agents, their authority and power, agency and other legal relationships), transfer of property in goods (contract of sale, transfer and reservation of property, transfer of title and remedies for the sale of goods), law of partnership (nature and formation of partnerships, relationship of partners amongst themselves, liability of partners, dissolution of partnerships and limited partnerships).

Outcomes

To develop an understanding of the issues facing buyers and sellers in relation to the transfer of property in goods
To give students an understanding of the state, national and international regulation of contracts for the sale of goods
To develop in students the capacity to advise both buyers and sellers of goods about their legal rights in relation to the transfer of ownership of those goods
To provide students with an understanding of the legal and commercial issues facing partners in their dealings with others and with third parties
To develop an understanding of the legal and commercial issues involved in the relationship of principal and agent, both as between principal and agent and as between them and third parties
To build on the skills and knowledge acquired by students in the prerequisite subject.

Assessment

Research assignment (2000 words): 40%
Examination (2 hours plus 30 minutes reading and noting time): 60% OR Examination (3 hours plus 30 minutes reading and noting time): 100%

Chief examiner(s)

Professor Justin Malbon

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102