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BUSL250

Welcome to Business Law!

BUSL250 Student Information


Course Convenor and Lecturer
Dr John Selby
Office: E4A Room 325
Telephone: 9850 7081
Email: john.selby@mq.edu.au
Consultation Hours: 4-6pm on Mondays in my office
Lecturer:
Dr Verity Greenwood
Office: E4A Room 310
Email: verity.greenwood@mq.edu.au

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2016

BUSL250 Information cont


Prescribed Textbook (required):
Business Law BUSL250 compiled by
Dr Verity Greenwood and
Julian Dight-custom book,
Pearson Publishers,
2016 plus ebook and access to
MyLawLab.

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2016

BUSL250 Email : BUSL250@mq.edu.au


All email correspondence must be sent to this email. If highly
personal or confidential then contact the convenor personally.
Unit website http:/ilearn.mq.edu.au/
- BUSL250 Unit Guide
- BUSL250 Assessment Guide
- Lecture slides
- ilecture -ECHO
- Online Quizzes
- Announcements
- Student workbook
- Resources
- Discussion Forum
Verity Greenwood & John Selby, Session 2,
2016

BUSL250 Participation Requirements


Lectures
Tutorial assessment
Online Quizzes

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2016

Actual Participation (10%)


In-class contract test (15%)

Three quizzes (10% each)


-worth 30% final mark

BUSL250 Assessments -check unit guide


Item Description

Value Date due

Three Tutorial Online Quizzes


Multiple Choice based on:

Lectures 1- 10 and tutorials 1-9 of 30%


the course
Only open and available at specified
times
10 marks available each quiz
ABSOLUTELY NO EXTENSIONS

Tutorial assessment
- Tutorial Class participation (5%)
- Presentation (5%)
- Contract Law In-class test (15%)

25%

4
5
Total

Final examination

45%

Quiz 1: Tuesday 23 August - Thursday 25


August 2016
Quiz 2: Tuesday 4 October - Thursday 6
October 2016
Quiz 3: Tuesday 1 November Thursday 3
November 2016

Class participation assessed throughout


session
In-class test held in Lecture 9 (Monday
6.00-8.00pm) and Friday (8.00am10.00am) (one (1) double sided cheat
sheet permitted)
Held in official examination period:
TBA

Supplementary exam

100%
Verity Greenwood & John Selby, Session 2,
2016

Tutorials

Must be registered in a tutorial


No tutorials in Week 1
Presentations allocated in Week 2 tutorial (Week 2)
Pre-read prior to tutorial
Complete questions in BUSL250 student workbook
Attend consultations as a follow up to tutorials
No tutorial changes after Week 1

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2016

Contract Law in-class exam


-

Exam covers contract law and e-commerce topics only


- Weeks 2 (Part 2) Week 5 inclusive
- Only one double sided handwritten A4 cheat sheets written in
English allowed in the exam (no typed or photocopies)
- Only hard copy translation dictionaries allowed
Important note: Enrolled ilecture students must register to sit the
exam in one of the two week 9 lectures available
via the Contract Law exam registration link

Final exam
Exam comprising four (4) business law case studies.
- Tort law
- Agency law
- Consumer Protection law
- Property/Intellectual Property law
Only two double sided handwritten A4 cheat sheets written in
English allowed in the exam (no typed or photocopies)
Only hard copy translation dictionaries allowed.
Must pass the final exam to pass the course!

How can you pass BUSL250?


What you need to do:
Attend the lectures/tutorials
Take notes
Pre-read before lectures and prepare tutorial answers
Attend consultations regularly
Do online quizzes
Maintain revision
Seek help if any concerns
Attend PAL
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How does Business Law affect


our everyday life?

Defining the law


Law is:
the set of rules,
made by the state, and
enforceable by prosecution or litigation.
state when state in lower case-means government
generally
State if capitalised it means state within federation e.g
NSW
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The purpose of law


Law:
resolves disputes,
maintains social order,
preserves and enforces community values,
protects the disadvantaged,
stabilises the economy, and
prevents the misuse of power.

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Characteristics of a legal system


Certainty

Fairness

Legal system
Law's
ideal
ideals
characteristics

Flexibility

Accessibility

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A Classification of Law- Criminal and Civil


Common Law
Citizen v Citizen
Compensation eg $$$

State v Accused
(Punishment eg gaol)

CIVIL
Examples of laws
relevant to business

CRIMINAL
Examples of
business crimes
Extortion
Larceny
Arson
Stealing
Cyber attacks

Contract Law
Torts Law
Property Law

On the balance of
probabilities

Standard of proof
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Beyond reasonable doubt


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Inherited legal system in Australia

Now usually
work
together

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Common Law
Common law is the law created by the reported decisions of judges.
Also known as:
case law;
precedent;
unenacted law;
unwritten law.
Common Law is:
a comprehensive system;
remedies not discretionary;
rights are enforceable at any time subject to statute of limitations;
valid against the whole world.
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Statute Law
Statute law are the laws created by State and Federal
parliaments.
Statute law is also known as:
legislation;
Acts of Parliament;
enacted law.
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Statute Law
Statute law also includes laws made by other government
bodies.
This is known as delegated legislation and takes the form
of:
by-laws;
orders;
rules and regulations.

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Common Law v. Statute Law


Today, statute law is the most important source of law
as the great majority of law comes from the
parliaments.
Statute law overrules common law in the event of a
clash between the two.

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Equity
Equity developed as a result of the growing inflexibility and rigidity of
the common law.
Equity implies fairness and justice in the law.
Not comprehensive.
Remedies are discretionary.
Require prompt attention.
Valid only against those specified in court.
Follows common law; it supplements it.
Only against individuals not property.
No application in criminal law.

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Equity
Equitable remedies include:
Injunction a court order directing a person to stop
doing something; and
Specific performance a court order directing a
person to carry out an obligation.

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Public v. Private Law


Another classification of law is into public and private law.
Public law the organisation of government and its
relationship with the people.
Private law deals with disputes over rights and obligations
between people or organisations.

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Categories of law

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The changing law


The law changes regularly because of:
political change,
the need to fix problems with the law,
changing community values,
pressure from lobby groups, and
changing technology.

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The six key characteristics of the Australian


legal system
Common
Law legal
system

Constitutional
democracy

Liberal
democracy

Responsible
government

Federation

Australian
Legal
System

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Separation
of Powers

Constitutional Monarchy

Monarchy The head of state is the Queen

Constitutional She holds that position pursuant to


underlying constitutional arrangements
rather than by force of arms

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Key characteristics
Liberal democracy:
Laws are made by, and executive government consists of,
elected representatives who exercise their power subject to the
rule of law and to the various Federal and State constitutions
e.g. The Cabinet
Common law legal system:
Our legal system is based on the British legal system, and can be
contrasted with other forms of legal system such as the civil law
legal system.
Law that has evolved through judicial decision and practice
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So how did common law


become a source of law in
Australia?

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History of the system


For tens of thousands of years prior to British
settlement there was in existence in Australia a
sophisticated and effective legal system: the Indigenous
Australian legal system.
Unfortunately, the British did not recognise or
acknowledge the Indigenous Australian legal system
upon their arrival in the 1700s.
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Reception of English Law


Australia was declared to be terra nullius at the time the
colony was established.
Australia was deemed to have been settled by Britain
rather than conquered by Britain or acquired by treaty.
British settlers brought British law with them according to
the doctrine of reception.
CASE: Mabo v Queensland (No 2) (1992) 175 CLR 1 and

The Wik People v Queensland: The Thayorre People v Queensland (1996)


and Native Title Act 1993 (Cth) - The High Court acknowledged that Australia
had not been terra nullius and that common law recognises a form of native title to
land.
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Origins of Australian Law


Customary law
The Mabo decision related specifically to Aboriginal land
rights.
In Walker v. New South Wales (1994) the High Court
discussed the validity of Aboriginal customary law
relating to criminal cases. The court decided that
customary law had been extinguished by the criminal
legislation passed by the states and territories.
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Charting the history of Colonial legal systems


Date

Event

Effect

1787 First Charter of Justice

Established colonial courts with civil & criminal jurisdiction

1788 First colonists arrived in NSW Carried with them the English law
1814 Second Charter of Justice

Established Supreme Court - civil jurisdiction & sub. structure

1823 New South Wales Act 1923


(Imp) and Third Charter of
Justice

Established NSW as full colony


established comprehensive court system
established Legislative Council appointed by the Crown

1828 Australian Courts Act 1828


(Imp)

Increased size of Legislative Council


Provided laws of England in force 1828 had effect in NSW
only if there were particular provisions to that effect

1850 Australians Constitutions Act Created colony of Victoria and allowed colonies to establish
parliaments with two houses (bicameral)
(No 2) 1855 (Imp)
1855 NSW Constitution Act 1855
(Imp)

Changed constitutional structure to create a bicameral NSW


parliament with representatives and responsible government

1865 Colonial Laws Validity Act

Confirmed ability of colonial legislatures to amend own


constitutions; Declared colonial parliaments have no power to
pass laws repugnant to English laws directly applicable to colony

1865 (Imp)

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The Australian Constitution


1900
- The British Parliament passed the Australian Constitution Act 1900 (Imp)
The Australian Constitution united the colonies in a federation
- The Commonwealth of Australia came into existence on 1 January 1901
with the enactment of the Commonwealth of Australia Constitution Act
1900
Each of the colonies, now States, gave up certain powers, rights and duties
to the new Federal government, and at the same time retained their
individual identities and substantial legislative authority.
Today, Federal, State and Territory governments in Australia are free from
interference by the British Parliament.
Federation involves a division of powers between the States and the
Commonwealth
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Separation of Powers

In the Constitution, the functions of government are allocated


to different institutions:
- Legislative functions : Laws are made by a parliament
-

Executive functions : administered by an Executive Council


or Governor in Council

- Judicial functions : interpreted and applied to particular


cases by a court system
Under the Westminster system the separation of powers is not
absolute

What does this mean?


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COMMONWEALTH CONSTITUTION
Commonwealth Constitution

Cabinet has
Executive power

Parliament has
Legislative power

High Court

The Ministry

House of
Representatives

The Courts have


Judicial power

Other federal courts

Senate

Doctrine of separation of powers


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COMMONWEALTH AND STATE POWERS


Exclusive, concurrent and residual powers
State

Commonwealth

Exclusive powers
(Commonwealth only)

Examples
s.52: Exclusive powers of Parliament
s.90: Customs, excise and bounties
s.92: Free trade between the States
s.105: Taking over state public debts
s.114: Military forces
s.115: Currency
s.122: Government of federal territories

Concurrent powers
(Shared powers)

Residual powers
(State only)

Examples under Section 51


Insurance
Banking
Industrial Relations

Examples
Education
Local Government
Transport

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STRUCTURE OF THE AUSTRALIAN CONSTITUTION

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FEDERAL / STATE RELATIONS

If the Federal Parliament has not legislated in relation to any of the


matters listed in s 51, then that matter remains within the
regulatory authority of the States.
If a State parliament has made a law in relation to one of these
matters, and the Federal Parliament makes a law in relation to the
same matter, then s.109 of the Australian Constitution provides
that, the latter shall prevail, and the former shall, to the extent of
the inconsistency, be invalid.
eg. Wallis v Downard-Pickford (North Queensland) Pty Ltd (1994)
68 ALJR 395 (see p.37 in text)
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THE STRUCTURE OF PARLIAMENT

Verity Greenwood, Session 1, 2016

Coming up next..

Part 1:Australian Legal System


Chapter 3/ Chapter 4

Part 2: Introduction to Contract LawIntention and Agreement


Chapter 10,11 and 12

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