Outline

Overview

This introductory unit provides an overview of commercial law focusing on the broad but fundamental concept of commercial dealings. Areas for analysis include sources and function of commercial law, the legal basis of dealings in contract and property law, dealings by principals and agents, dealings in tangible goods through leasing and sale, dealings in intangibles such as receivables through assignment sources and methods of financing, dealings protecting dealings through insurance regulating, dealings through statute and common law restraints and discharging dealings through a range of common payment methods and instruments. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS3400 or LAWS2012 or LAWS5008
Assumed knowledge ?	This unit assumes no previous knowledge and is available to non-lawyers and to lawyers who have not previously studied or practised in the area. Students who do not have an undergraduate degree in law from a common law jurisdiction must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System.
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Ross Hodgson, ross.hodgson@sydney.edu.au

Assessment

The census date for this unit availability is 1 November 2024

Details
Criteria

Type	Description	Weight	Due	Length
Presentation	Team Presentation (20%) Each Team to deliver a presentation on a set case relevant to the Unit.	20%	Multiple weeks	30 minutes
Outcomes assessed:
Short release assignment	Executive Report (Short Release) (40%) Advise on 4 short scenarios that cover Classes 1 & 2 of the Unit	40%	Week 02 Due date: 25 Oct 2024 at 17:00 Closing date: 01 Nov 2024	3,000 words / 10 working days
Outcomes assessed:
Short release assignment	Advice on Evidence (Short Release) (40%) Advise on 2 scenarios in which all Topics of the Unit are assessable	40%	Week 06 Due date: 22 Nov 2024 at 17:00 Closing date: 29 Nov 2024	3,000 words / 10 working days
Outcomes assessed:
= group assignment ?

Assessment summary

The Assessment tasks for this Unit of Study are as follows - detailed instructions will be provided separately for each task:

Team Presentation (multiple weeks) 20%:

A Team Presentation (Group Assignment), involving a total of 10 Teams, will be delivered by each team of 6-7 students (cohort / 10) to present an in-depth analysis of a commercial law case relevant to one of the topics covered in the Unit. Each team will present for up to 25 minutes followed by approximately 5 minutes for questions and discussion (depending on the class size). The formation of teams and the allocation of cases will be organised by the Unit Co-ordinator at the commencement of the Unit via the Unit Canvas site, and each team will present in accordance with the schedule of Learning Activities for the Team Presentation as contained in this Outline and in the Reading Guide.

The case analysis must be presented in 6 slides using the format described in the task instructions available on Canvas. One member of each team will act as the team’s contact person. That person will be responsible for submitting a copy of the slides via Turnitin on Canvas no later than the day before the team's scheduled presentation. Further instructions and marking criteria for the presentation will be available on Canvas.

During the delivery, each team member must present an equal portion of the presentation. Each presentation will be assessed and marked, with each student receiving the mark as awarded to their team (subject to the discretion of the Unit Co-ordinator).

This task will satisfy the Unit Learning Outcomes as follows: LO1 will be satisfied by the students demonstrating an in-depth knowledge of the allocated case relevant to a topic of commercial law. LO2 will be satisfied by students explaining the relevant legal concepts and principles that underpin common commercial dealings in relation to commercial law. LO3 will be satisfied by students detailing the relevant statute law and general law principles that apply to the allocated case.

Executive Report (Short Release) 40%:

The Executive Report (Individual Assignment) has a word limit of 3,000 words (including footnotes and bibliography) and has a completion time of 10 working days as follows: the assessment is released on Monday, 14 October 2024, at 9:00am and is due on Friday, 25 October 2024, by 5:00pm (Sydney Australia time). It involves analysing a set of 4 short problem scenarios that cover the topics studied in Classes 1 & 2 of the Unit and proposing recommendations to resolve the legal issues that arise in each scenario.

This task will satisfy the Unit Learning Outcomes as follows: LO1 will be satisfied by the students demonstrating in their answers an analysis of the relevant legal issues involved in key commercial relationships. LO2 will be satisfied by students explaining in their answers the relevant legal concepts and principles that underpin common commercial dealings. LO3 will be satisfied by students correctly applying the relevant statute law and general law principles to the fact situations in the problem question.

Advice on Evidence (Short Release) 40%:

The Advice on Evidence (Individual Assignment) has a word limit of 3,000 words (including footnotes and bibliography) and has a completion time of 10 working days as follows: the assessment is released on Monday, 11 November 2024, at 9:00am and is due on Friday, 22 November 2024, by 5:00pm (Sydney Australia time). It involves analysing 2 substantial problem scenarios that potentially cover all of the topics studied in the Unit and providing an advice on evidence for each scenario from which the prospects of success in each case can be assessed.

Note - the following items apply to all the Assessments in this Unit of Study:

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 written assessments will include all footnotes and any bibliography (as 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: where a student has been granted Special Consideration, an extension of time or alternative tasks may be set (as appropriate at the discretion of the Unit Co-ordinator).

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

Important - although not an Assessment, students must note the Attendance requirements for this Unit (see Attendance and class requirements below).

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (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, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 5pm but by 11:59pm on the due date for submission will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on. This will be strictly enforced, so students are encouraged to submit their assessments at least 15 minutes before the due time to ensure there are no technical or internet problems in 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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week -01	Class 2 (Wed 09/10/24): dealings with goods; Sale of Goods Act 1923 (NSW); Australian Consumer Law (ACL) - consumer guarantees; Team Presentation	Seminar (6.5 hr)
Week -02	Class 1 (Wed 02/10/24): introduction and key concepts; principal and agent; bailment; Team Presentation briefing	Seminar (6.5 hr)
Week 02	Class 3 (Wed 23/10/24): obtaining finance for dealings by giving security; general law concepts of security; Personal Property Securities Act 2009 (Cth); Team Presentation	Seminar (6.5 hr)
Week 03	Class 4 (Wed 30/10/24): contracts of guarantee and indemnity; electronic commerce; Team Presentation	Seminar (6.5 hr)

Attendance and class requirements

Attendance: All students are required to attend 100% of the set classes in order to satisfy the pass requirements for this Unit of Study. This attendance requirement must be satisfied by in-person attendance at the set classes and each student's attendance will be recorded for every class. Failure to meet this requirement can result in a student being precluded from undertaking the final assessment, whereby the student's result for the Unit will be recorded as "Absent Fail". 

Referencing: The Sydney Law School expects students to use the Australian Guide to Legal Citation (4th edition, 2018: "AGLC4") for referencing protocols (i.e. footnotes and bibliography) in assessment submissions:

https://law.unimelb.edu.au/__data/assets/pdf_file/0008/4625792/AGLC4-2021-v1.pdf

This is set out comprehensively in the Library website:

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

The prescribed textbook is:

Clive Turner & John Trone, Australian Commercial Law (Thomson Reuters, 34th ed, 2023) - available in hard-copy and e-book formats

The following books are highly recommended additional resources:

Samantha Traves, Commercial Law (LexisNexis, 6th ed, 2023)

G Pearson, E Peden, GJ Tolhurst, J Paterson, S McCracken, A McNaughton, R Catterwell & A Silink, Commercial Law Commentary and Materials (Thomson Reuters, 4th ed, 2019)

Other required readings are found in the Reading Guide which will be posted on Canvas.

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. identify legal issues in key commercial relationships
LO2. explain legal concepts and principles underpinning common commercial dealings
LO3. apply principles of statute law and general law to fact situations involving commercial relationships and dealings

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.

Assessment regime - the USS strongly indicated the need for less emphasis on individual written assessment tasks (formerly at 100%) and the inclusion of greater student autonomy and collaboration in studying the Unit. In response, an additional assessment task has been introduced in the form of a group assignment, the Team Presentation (supplementary to, and with a corresponding reduction in the amount of, individual written assessment tasks, but with the latter remaining the dominant assessment component of the Unit). The first offering of the Unit incorporating the Team Presentation now has been completed and the Unit Co-ordinator and the students consider this new assessment to be a success.

Additional information

Resources - Sydney Law Students

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

Support for students

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

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6987: Fundamentals of Commercial Law

Intensive October - November, 2024 [Block mode] - 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

Support for students

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

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect