Outline

Overview

This unit of study covers the application and main doctrines of the law of agency, including the problems of authority, apparent authority, ratification, the doctrine of the undisclosed principal, liability of the unauthorised agent and whether authority can be made irrevocable; also the legal and equitable principles governing the relationship between principal and agent and the extent to which a party may be deemed to know something because his, her or its agent does.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	Students are encouraged to complete LAWS6987 Fundamentals of Commercial Law prior to undertaking this unit, but it is not a pre-requisite
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Jason Harris, jason.harris@sydney.edu.au
Lecturer(s)	Jason Harris, jason.harris@sydney.edu.au

Type	Description	Weight	Due	Length
Online task	Online discussion board postings Students will contribute at least 1 post for each class	15%	Ongoing	Approximately 1,500 words
Outcomes assessed:
Short release assignment	Problem question (short-release) Students will answer a hypothetical problem question	15%	Week 06 Due date: 07 Sep 2023 at 18:00 Closing date: 21 Sep 2023	1,500 words / 8 working days
Outcomes assessed:
Assignment	Research Essay - Annotated Bibliography and Essay Plan Submit an outline and annotated bibliography for the research essay	10%	Week 10 Due date: 21 Sep 2023 at 18:00 Closing date: 02 Oct 2023	1,500 words / 10 weeks
Outcomes assessed:
Assignment	Research essay Students will select a research essay from Canvas	60%	Week 13 Due date: 05 Nov 2023 at 18:00 Closing date: 17 Nov 2023	4,000 words / 12 weeks
Outcomes assessed:

Assessment summary

Online Discussion Board Postings 15%: Students must submit at least 1 post to the online discussion forum for each class (starting in class 2). This must be completed before the start of the relevant class (i.e. by 5.59pm on each class day). Each posting need not be more than 100 words and should highlight personal insights from the required reading, build on contributions of others and/or relate the material discussed in the unit to current developments discussed in cases, articles or the media. This task is designed to ensure that students are prepared for each class by having completed the reading.

This assessment will satisfy Learning Outcome 1 (LO1) by requiring students to demonstrate an accurate understanding of the relevant principles of agency law through discussion and evaluation of hypothetical problems discussed in class. The assessment will satisfy Learning Outcome 2 (LO2) by requiring students to critically evaluate the operation of legislation and common law principles that apply to common agency situations through consideration of different stakeholder perspectives on the role and responsibility of agents. This assessment will satisfy Learning Outcome 3 (LO3) by requiring students to demonstrate an understanding of relevant agency law principles by applying those principles in a range of common commercial agency situations.

Problem question (short-release) 15%: Students will provide client advice based on a problem question. This will be on the materials covered in weeks 1-6. AGLC 4 referencing is expected. The question will be released on 28 August 2023 6pm and is due 7 September 2023 at 6pm. A maximum word length of 1,500 words (not including non-discursive footnotes and headings).

The assessment will satisfy Learning Outcome 2 (LO2) by requiring students to critically evaluate the operation of legislation and common law principles that apply to common agency situations through consideration of different stakeholder perspectives on the role and responsibility of agents. This assessment will satisfy Learning Outcome 3 (LO3) by requiring students to demonstrate an understanding of relevant agency law principles by applying those principles in a range of common commercial agency situations.

Research Essay - Annotated Bibliography and Essay Plan 10%: Students must complete an annotated bibliography of relevant, high quality primary and secondary sources that they intend to use for their research essay. At least 10 different sources must be included in the bibliography. Acceptable sources include: scholarly journal articles, cases, government or parliamentary reports and papers (including explanatory memoranda and statements), book chapters, online databases (such as loose leaf services on Lexis, Westlaw or CCH intelliconnect). Approximately 50-150 words on each source will be expected, with the annotation outlining the key points of the source, how the source was found and how the source material may be used in the essay. Students must also include a list of headings for their research essay as a plan for the structure of the essay. 1500 words maximum (including all written material). This is due on 21 September 2023 6pm.

Research essay (60%): Students will undertake a research essay on a topic drawn from a list of potential essay topics available on Canvas. The essay topics will be released on 10 August 2023 at 6pm and the essay will be due on 5 November 2023 6pm. The word limit is 4,000 words (not including non-discursive footnote references and headings).

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

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	• Completely answers the question. • Contains striking originality of approach or analysis. • Demonstrates exhaustive or innovative research (where independent research required). • Exceptionally well written, structured and expressed. • Is otherwise exceptional in some way.
Distinction	75 - 84	• Completely answers the question. • Achieves a critical and evaluative approach to the issues. • Content and structure is well organised in support of the argument. • Demonstrates extensive research and analysis to support a well-documented argument. • Generally well expressed and free from errors. • Has a clear structure and is well articulated.
Credit	65 - 74	• Covers main issues fairly well in answering the question. • Contains no significant errors • Demonstrates an attempted critical approach to the issues. • Demonstrates reasonably sound research and analysis in addressing the key issues. • Has a clear structure and reasonably clear expression.
Pass	50 - 64	• Identifies the key issues, but does not follow through with a reasoned argument. • Contains some significant errors. • Displays satisfactory engagement with the key issues. • Offers descriptive summary of material relevant to the question. • Superficial use of material, and may display a tendency to paraphrase. • Demonstrates little evidence of in-depth research or analysis. • Adequate expression. • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	• Does not answer the question. • Contains significant or numerous errors. • Few or no identifiable arguments. • Content that is inappropriate or irrelevant. • Lack of research or analysis. • Difficult or impossible to understand through poor grammar, expression or structure. • Overall, does not demonstrate the minimum level of competence in the assessment.

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.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after [due time] but before the same time the following day will attract a 10% penalty. Late penalties will be subject to a grace period of 15 minutes after the deadline. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

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.

Learning support

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.

Weekly schedule

WK	Topic	Learning activity
Week 01	Class 1. Introduction to the unit; The history of agency law; Different types of agency relationships	Seminar (2 hr)
Week 02	Class 2. Defining legal agency	Seminar (2 hr)
Week 03	Class 3. Creating an agency relationship	Seminar (2 hr)
Week 04	Class 4. Establishing an implied agency	Seminar (2 hr)
Week 05	Class 5. The authority of agents	Seminar (2 hr)
Week 06	Class 6. The rights, duties and liabilities of agents	Seminar (2 hr)
Week 07	Class 7. The principal's relationship with third parties	Seminar (2 hr)
Week 08	Class 8. The agent's relationship with third parties	Seminar (2 hr)
Week 09	Class 9. Corporate agents	Seminar (2 hr)
Week 10	Class 10. Statutory liability involving agents	Seminar (2 hr)
Week 11	Class 11. Partners and trustees as agents	Seminar (2 hr)
Week 12	Class 12. Agents in finance	Seminar (2 hr)
Week 13	Class 13. Terminating an agency relationship	Seminar (2 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376 

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

It is recommended that students purchase Dal Pont, Law of Agency, 4th ed, 2020, Lexisnexis. This is available as an ebook from the publisher. This is the only comprehensive Australian text on agency law.

If students are unable to purchase Dal Pont’s book, then reference should be had to Halsbury’s Laws of Australia, which is on the Lexis Advance database (available through the Library website). Halsbury’s has an Agency chapter, which links to relevant cases and is also written by Dal Pont.

Students may also refer to Watts and Reynolds, Bowstead and Reynolds on Agency, 22nd ed, 2020, Sweet and Maxwell, which is available through Westlaw UK (clicking on Westlaw books). This is the leading treatise on agency law in the Common Law world, but has an English law focus.

Learning outcomes

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.

Outcomes
Graduate qualities

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

LO1. Understand and apply the relevant principles of agency law through discussion and evaluation of hypothetical scenarios discussed in class
LO2. Critically assess the operation of legislation and common law principles that apply to common agency situations through consideration of different stakeholder perspectives on the role and responsibility of agents
LO3. Understand and apply relevant agency law principles to common across a range of common commercial agency situations

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
Learning outcomes

Responding to student feedback

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

No changes have been made since this unit was last offered.

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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6859: Law of Agency

Semester 2, 2023 [Normal evening] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect