Skip to main content
Unit outline_

CLAW1001: Foundations of Business Law

Semester 1, 2022 [Normal day] - Remote

The entire fabric of commerce is woven from a complex legal regime, judicial and statutory, which regulates all commercial activity. Every decision in business and every transaction and relationship is made in the context of this legal regime. The aim of Foundations of Business Law is to introduce the students to the legal framework and regulatory systems which underlie all business activity and to expose them to the legal implications of commercial conduct. This unit of study introduces the Australian legal system and key areas of substantive business law including contracts, torts (in particular negligence and privacy), property and securities, white collar crime, intellectual property, competition and consumer law (in particular advertising, product liability and unfair contracts), business structures and operations, misleading and unconscionable conduct and dispute resolution.

Unit details and rules

Academic unit
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
CLAW2214
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Giuseppe Carabetta, giuseppe.carabetta@sydney.edu.au
Lecturer(s) Giuseppe Carabetta, giuseppe.carabetta@sydney.edu.au
Type Description Weight Due Length
Final exam (Take-home short release) Type D final exam Final Exam
Final Exam
60% Formal exam period 2 hours
Outcomes assessed: LO1 LO7 LO5 LO4 LO3 LO2
Participation Tutorial assessment
Participation & Engagement
10% Ongoing Ongoing
Outcomes assessed: LO1 LO7 LO6 LO5 LO2
In-semester test (Take-home short release) Type D in-semester exam Mid-semester exam
Open-book, online exam
30% Week 07
Due date: 04 Apr 2022 at 13:00
1 hour
Outcomes assessed: LO1 LO7 LO4 LO2
Type D final exam = Type D final exam ?
Type D in-semester exam = Type D in-semester exam ?

Assessment summary

  • Tutorial assessment: Students are expected to attend all tutorials (Weeks 2 to 12) and will be assessed on their participation and engagement with weekly tutorial activities commencing Week 6.
  • Mid-semester exam: This is an open-book, problem based exam assessing the formation of contract topics only. The exam will be 60 minutes in length, and will be conducted in Week 7 – 19 April 1pm to 2pm. To be submitted online. Further details, including the assessment criteria and examinations policies, will be provided on Canvas & in lectures.
  • Final Exam:  This is an open-book, problem based exam. The exam will be 2 hours in length (plus 10 mins reading time), and will be conducted in the formal exam period. Full details, including the assessment criteria and examinations policies, will be provided on Canvas & in lectures.

Detailed information for each assessment will be uploaded to Canvas.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

Awarded when you demonstrate the learning outcomes for the unit at an exceptional standard, as defined by grade descriptors or exemplars outlined by your faculty or school. 

Distinction

75 - 84

Awarded when you demonstrate the learning outcomes for the unit at a very high standard, as defined by grade descriptors or exemplars outlined by your faculty or school.

Credit

65 - 74

Awarded when you demonstrate the learning outcomes for the unit at a good standard, as defined by grade descriptors or exemplars outlined by your faculty or school.

Pass

50 - 64

Awarded when you demonstrate the learning outcomes for the unit at an acceptable standard, as defined by grade descriptors or exemplars outlined by your faculty or school. 

Fail

0 - 49

When you don’t meet the learning outcomes of the unit to a satisfactory standard.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 INTRODUCTION: Australian Legal System; Australian Constitution. THE COURT SYSTEM & SOURCES OF LAW. Lecture (2 hr) LO1 LO3 LO4 LO5
Week 02 LAW OF CONTRACT. Introduction to Law of Contract; Formation of Contract. Lecture (2 hr) LO1 LO3 LO4 LO5
Introduction Tutorial (1 hr) LO5 LO6 LO7
Week 03 Formation of Contract: Offer; Acceptance. Lecture (2 hr) LO1 LO3 LO4 LO5
Reading Cases Tutorial (1 hr) LO1 LO2 LO4 LO6 LO7
Week 04 Formation of Contract: Intention to create legal relations; Consideration; Promissory Estoppel. Lecture (2 hr) LO1 LO2 LO3 LO4 LO5
Legal Problem Solving; Contract I: Formation Tutorial (1 hr) LO1 LO2 LO4 LO6 LO7
Week 05 Formation of Contract: Formalities; Writing Lecture (2 hr) LO1 LO2 LO3 LO4 LO5
Contract II: Formation Tutorial (1 hr) LO1 LO2 LO4 LO6 LO7
Week 06 Terms of the Contract; Identification and Construction; Implied Terms; Exemption Clauses; & MID-SEMESTER EXAM REVIEW Lecture (2 hr) LO1 LO2 LO3 LO4 LO5
Mid-Semester Exam Consultations Tutorial (1 hr) LO1 LO2 LO4 LO6 LO7
Week 07 Classification of Terms; Termination; Breach; Remedies; Vitiating Factors; Issues in Commercial Contracts. Lecture (2 hr) LO1 LO2 LO3 LO4 LO5
Contract III: Terms. Contract IV: Breach; Remedies. Tutorial (1 hr) LO1 LO2 LO4 LO6 LO7
Week 08 TORTS LAW & Specific Torts LAW OF NEGLIGENCE Duty of Care; Standard of Care; Breach of Duty Lecture (2 hr) LO1 LO2 LO3 LO4 LO5
Contract: Breach; Termination; Remedies Tutorial (1 hr) LO1 LO2 LO4 LO6 LO7
* Reading Module: CRIMINAL LAW; PROPERTY AND SECURITIES LAW; BUSINESS STRUCTURES & OPERATIONS (See Canvas instructions). Independent study (1 hr)  
Week 09 Causation; Damage; Defences; Vicarious Liability. Lecture (2 hr) LO1 LO2 LO3 LO4 LO5
Negligence I Tutorial (1 hr) LO1 LO2 LO4 LO6 LO7
Week 10 UNCONSCIONABLE & UNFAIR CONDUCT; and *Notes: THE AUSTRALIAN CONSUMER LAW/ Consumer Guarantees. MISLEADING & DECEPTIVE CONDUCT. Lecture (2 hr) LO1 LO2 LO3 LO4 LO5
Negligence II Tutorial (1 hr) LO1 LO2 LO4 LO6 LO7
Week 11 Misleading or Deceptive Conduct Tutorial (1 hr) LO1 LO2 LO4 LO6 LO7
MISLEADING & DECEPTIVE CONDUCT (Cont'd) Lecture (2 hr) LO1 LO2 LO4 LO6 LO7
Week 12 Competition Law Tutorial (1 hr) LO1 LO2 LO4 LO6 LO7
COMPETITION LAW AND POLICY RESTRICTIVE TRADE PRACTICES ; & INTELLECTUAL PROPERTY. Lecture (2 hr) LO1 LO2 LO3 LO4 LO6 LO7
Week 13 Exam Guidelines, Q&A and Consultations Lecture (2 hr) LO1 LO2 LO4 LO6 LO7
Exam Consultations Tutorial (1 hr) LO1 LO2 LO4 LO6 LO7

Attendance and class requirements

You are expected to attend all lectures and tutorials in this Unit. Please do not ignore this policy as it will prove costly. 

To assist with your learning the 2-hour lectures may be made up of various components including reading exercises, problem exercises, and/or on-line activities. The lectures will also contain guidance on assessment. The weekly tutorials commencing in Week 2 will apply the concepts and principles from the lectures and assess your understanding of the lecture materials.

Full details on both the lectures and tutorials will be provided on Canvas.

If you have any questions relating to assessment or the administration of this unit or its content, please let me know.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

A. Terry and D. Giugni, Business and the Law, Thomson Reuters, Sydney. 7th edition, 2019.

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. identify, analyse and assess business law issues from given fact situations and real-world contexts
  • LO2. resolve legal problems by applying relevant law, evaluating appropriate solutions to legal problems, synthesising information and developing arguments to support your conclusions
  • LO3. Locate and select relevant sources using libraries, the web and other online research facilities
  • LO4. manage, analyse, evaluate and use legal materials and information
  • LO5. communicate to a professional standard using prescribed legal citation and referencing to directly support your analysis and conclusions
  • LO6. interact with people from diverse cultural backgrounds with inclusiveness, open-mindedness and integrity and work within group environments
  • LO7. apply ethical and professional approaches to your conduct both within and beyond the classroom.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

In response to student feedback, methods of legal problem solving will be introduced earlier in the course through the tutorials.

Lecture Slides. Weekly lecture slides will be made available via Canvas. The slides are interactive, meaning they contain questions/gaps that students fill in during the lecture as a result of lecture activities or readings. Note the lectures form the ‘cornerstone’ of the unit. They also contain essential exam advice and tips for how to approach exam issues. 

Tutorial Guide. The tutorial exercises for each week will be distributed online via Canvas. You are strongly encouraged to attend and participate actively in all tutorials. Attendance will be noted by your tutor, and you must attend the tutorial to which you have been allocated.

SupplementarReading. Details on Supplementary Readings will be given in lectures and online. As a foundations Business Law unit, CLAW1001 covers a broad range of topics. For some of those topics, Self-Paced Reading notes will be provided.

If you have any questions relating to assessment or the administration of this unit or its content, please let me know

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.