Faculty of Business and Economics

Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2015 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

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

FacultyFaculty of Business and Economics
Organisational UnitDepartment of Business Law and Taxation
OfferedNot offered in 2015
Coordinator(s)Ms Rufaro Gweshe


An introduction to the South African legal system, its history, structure, sources of law and interpretation of statutes. Particular emphasis is placed on the law as it affects business. This includes the banking law on paying instruments and modes of payment. The laws of delict, contract and agency as they affect business are examined. The basic principles of the law of partnerships, companies and other bodies corporate are also introduced. Specific contracts, such as purchases and sales, leases, insurance and credit agreements are dealt with. This unit includes an introduction to various specific aspects of commercial law, including labour law, the law of unjust enrichment, the laws of trust, insolvency and administration of estates.


The learning goals associated with this unit are to:

  1. describe and define the South African Legal system, its history, structure and sources of law
  2. explain the basic rules of statutory interpretation
  3. identify, discuss and analyse the application of the law of delict, contract, agency and unjustified enrichment to a range of situations in business
  4. identify, discuss and analyse the application of the law relating to modes of payment to a range of situations in business
  5. distinguish and interpret particular nominated contracts, and analyse and discuss the application of the rules of these nominated contracts to a range of situations in business and
  6. list, describe and explain various sundry aspects of commercial law that provide the necessary background for accountants and auditors in the business environment.


Within semester assessment: 30%
Examination: 70%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. Independent study may include associated readings, assessment and preparation for scheduled activities. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)