2021

Bachelor of Applied Management

Commercial Law
LAWS6016
21MOKOIS1; 21WINS1
Contents
Course information .................................................................................................................................................... 3
Course delivery ........................................................................................................................................................... 6
Assessments ............................................................................................................................................................... 8

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Course information
Nau mai, haere mai – welcome!

Kia ora and welcome to Commercial Law. I’m Shelley Weir, your tutor for this course. This paper covers content
that I really enjoy teaching, and that I apply regularly in my own business and professional life. The ‘Law’ is very
important to us all. This subject will challenge your analytical skills and is never boring!

The course takes a practical approach, focusing on everyday aspects of business law. While this course is one of
the compulsory law papers for those studying for the BAM Accountancy major, it is equally useful in any field.
You will find you draw on what you learn throughout your own personal life and your business career.

I am looking forward to meeting you and helping guide your study of Commercial Law. If you ever have any
questions or concerns then please just ask me.

Shelley Weir
Tutor – Business Management
Shelley.weir@toiohomai.ac.nz
07 3468 666
Room I046, Bus Mgt offices, Mokoia campus

Faculty Contact Information

Student Appointments
If you wish to meet with me, please contact me directly.

Faculty Administration Support

If you have any concerns with your enrolment or for general enquiries, please contact your Campus Faculty
Administrator. General Enquiries include:
• Statement of Satisfactory Progress Reports
• Academic & Attendance Progress Report - for Immigration Purposes
• Change of contact details
• Confirmation of Enrolment Letter

Mereiro Hepi - Faculty Administrator, Mokoia

Business Management - Level 3 to Level 7
Phone: 07 346 8889
Email: Mereiro.Hepi@toiohomai.ac.nz

Anne-Marie Kell - Faculty Administrator, Windermere

Business Management - Level 3 to Level 7
Phone: 07 557 6033
Email: Anne-marie.Kell@toiohomai.ac.nz

Our Faculty Management are:

• Bart Vosse - Faculty Dean
• Jack Keogh - Associate Dean
• Liesl van der Mescht - Academic Lead

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LAWS6016: Commercial Law

Course Level 6 Course Credits 15 EFTS 0.1250

Pre-requisites Recommended BMGT5017 Co-requisites Nil

Course Academic Date Date January

New T2 AB17/106 12/10/17
Version Resolution Approved Effective 2018
(New, Type 1 Number
or 2 change)

Teacher-directed Learning Hours 48

Total Self-
Directed Practical/Work Experience Total Learning
12 directed 90 150
Hours Hours
Learning Hours
Total Directed Learning Hours 60

RELATIONSHIP TO GRADUATE PROFILE

Graduate Profile Outcomes considered in the teaching, learning and assessment of this course are:

GO1: Competently apply the underpinning theoretical principles, technical knowledge, and skills required to
work within applied management contexts.
GO3: Research, evaluate, and apply technical skill required to work within applied management contexts.
GO4: Show an inquiring, flexible, creative, and critical mind-set using emerging applied management
concepts.
GO5: Practice awareness of social and ethical issues and function positively in a culturally diverse
environment.
GO13: Apply advanced practice and theory to a range of Accounting contexts.
GO14: Practice as and critically reflect on self as a practitioner in the Accounting field.

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COURSE AIM

The aim of this course is for learners to explain, interpret and apply principles and provisions of law relevant to
business.

LEARNING OUTCOMES AND CONTENT

LEARNING OUTCOMES CONTENT

1. Explain core elements and • Nature, sources and classifications of law; history and
institutions of the New Zealand development of NZ law – Treaty of Waitangi, NZ Constitution,
legal system. parliamentary legislative processes, role of the Courts,
application of common law
2. Explain legal interpretation
• Apply section 5(1) of the Interpretation Act 1999
principles to given business
situations.

3. Apply the basic principles of tort,
contract, property and consumer
legislation to given business
situations.
• Tort law, negligence, vicarious liability; Contract law,
creation, consideration, identify & interpret express and
implied terms including restraints of trade; contract vitiation,
capacity, consent, misrepresentation, breach, remedies; core
elements of property and land law, ownership, possession,
property types; Apply key provisions of current consumer
legislation for sale of goods, consumer guarantees and fair
trading

4. Explore a current business law issue • Legal implications of one of the following:
ethics; Te Tiriti o Waitangi/Treaty of Waitangi; the law of
agency; alternative dispute resolution; employment law; or
any other current issue in business law

DELIVERY RESOURCES

The study of Law requires that you MUST read widely. Use the glossaries in the e-resources below, and a
good dictionary to help you understand any unfamiliar terminology that you encounter during the course. By
the end of the course you will probably find your vocabulary has expanded!

There are 2 required e-resources for this course that you must regularly access
Both contain many relevant examples, guides, updated notes and commentary, cases, and some of the
legislation the course considers:

1. NZ Business Law Guide database. Wolters Klower: CCH Intelliconnect. The Business Law Commentary
module in this database covers the course content. This is available at
http://icapac.ezproxy.toiohomai.ac.nz/scion/secure/ctx_9573883/index.jsp?cpid=WKAP-TAL-
IC#page[2]. It contains comprehensive notes, notes, cases, legislation and other relevant information
for all our course Topics. You must pre-read any content as specified on Moodle, before each session.

2. Understanding Commercial and Company Law. (2019). Miller, Barber, Barrett. Lexis Nexis New
Zealand. The first 5 Chapters of this e-book contain the Commercial Law content relevant to this
course, and the Appendix contains key precedent case summaries we will be using throughout the
course. You may ‘borrow’ this online text as many times as you wish. This eBook is available through
the Toi Ohomai e-library, at https://ebookcentral-proquest-com.ezproxy.toiohomai.ac.nz/lib/boppoly-
ebooks/detail.action?docID=6379774.

A selection of texts, databases, journals and websites to support the teaching and learning activities of this course
are detailed in Moodle. These and other resources will be available through the Library, course materials provided
and online.
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Course delivery
This course is delivered face to face which requires you to be in class for three hours each week (for 12 weeks).
Additionally, you are required to commit to self-directed learning for at least 8 hours per week for a total of 15
weeks. This self-directed learning requires you to complete readings and activities, do research, complete
assessment and class work preparation.

DELIVERY MODE

This course is delivered as part of the full-time course at Windermere, and Mokoia campuses.

Class times/days:
Mokoia: Thursdays, 9-1 p.m., G 201
Windermere: Wednesdays, 1- 5 p.m., as below:
24 Feb - we are in T09
3 March to 9 June – we are in T05
16 June and 23 June - we are back in T09.

SELF DIRECTED HOURS

During this time, you shall be required to undertake the following types of activities:
• Moodle/online access
• Independent research and study
• Completing and reflecting on course readings and required online material
• Study groups – highly recommended to support your learning
• Case research and analysis; assessment research/preparation

COURSE CALENDAR

Do not be put off by the large number of Topics! Many of these are quite small and some content (e.g.
contract law) has been broken into several Topics to make it easier to learn and understand.

Date
Week Activities & Due dates for
(week Description / Assessment
No Assessments
commencing)
1 22 Feb Topic 1 Introduction to Law

2 1 Mar Topic 2 NZ Constitution

Te Tiriti o Waitangi/Treaty of Waitangi
Sources of NZ Law

3 8 Mar Topic 3 Role of Courts Task 1: Online Test One

Precedent (Opens 9 a.m. 8 Mar to 11.59 p.m.
Topic 4 Interpretation 14 Mar)

4 15 Mar Topic 5 Tort Law Task 2: Online Test Two

(Opens 9 a.m. 15 Mar to 11.59
p.m. 21 Mar)

5 22 Mar Topic 6 Contract Formation Task 3: Online Test Three

Topic 7 Contract Validity (Opens 9 a.m. 22 Mar to 11.59
p.m. 28 Mar)

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 Week Date Description / Assessment Activities & Due dates for
No (week Assessments
commencing)
6 29 Mar Topic 8 Contract Vitiation
Topic 9 Contract terms

7 5 Apr Topic 10 Contract Operation

Topic 11 Contract Remedies

8 12 Apr Topic 12 Property Law

Task 4: Due Friday 23 April:

19-26 Apr TERM BREAK – no classes
Statutory analysis & application
9 3 May Topic 13 Sale of Goods

10 10 May Topic 14 Consumer Guarantees

11 17 May Topic 15 Fair Trading

12 24 May Topic 16 Business Issue: Employment Law

13 31 May Course wrap-up: summary and review

14 7 June QUEEN’S BIRTHDAY – study week

15 and 14 June Exam weeks Task 5: Due Friday 18 June

16 21 June Complex case analysis
Important Course Dates:

Semester 1 Start Monday 22 February 2021

Term Break Monday 19 April – Friday 30 April 2021
Public and Institute Holidays Easter Good Friday 2 April 2021
Easter Monday 5 April 2021
Tuesday 6 April 2021
ANZAC Day occurs during the Term Break
Queen’s Birthday Monday 7 June
Semester 1 Ends Friday 25 June 2021

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Assessments
LAWS6016 is assessed via a Portfolio comprising 5 separate Tasks 1 to 5, as below. You must complete all five
Tasks to be awarded marks.

Tasks 1 to 3 require you to complete 3 online tests, weighted at 3%, 3% and 4%. The tests cover content from L/O 1:
Topics 1-3. Each online test will open for 7 days at the designated dates and times. Full instructions are provided with
each online test. You will be able to view the test instructions on Moodle a week prior to each test’s commencement
date. However, you will not be able to open the test and start answering until the designated time for each.

Tasks 4 and 5 build on your preliminary study of what is ‘the Law’ from the first L/O and Topics. Tasks 4 and 5 are
where you begin to apply relevant legal principles to various business-oriented legal scenarios. You must analyse the
details given in each scenario in order to form (with valid justifications - relevant precedents and argument) your
findings and conclusions. Essentially you are giving your legal opinion on the rights, wrongs and likely legal outcomes
for each scenario.

The legal problem-solving method

The Law adopts a particular approach to resolving legal issues, to ensure objectivity in decision making and
judgements. You will learn how to use and apply this methodology. Tasks 4 and 5 both require that you apply the legal
problem-solving method in your analysis, argument and conclusions.

More detailed instructions about what you must do for Tasks 4 and 5 and the marking criteria your work will be
assessed against will be distributed separately at the start of the course.

Task 1: Online Test One (3% of course assessment). O/L Test 1 OPENS from 9 a.m. Monday 8 March to 11.59 p.m.
Sunday 14 March. You must personally complete the test within this timeframe, there are NO resits.
L/O 1 content covered by this test includes: The nature and sources of NZ law; classifications - criminal, civil, private
and public law; and law, ethics/morality and its societal context - all from Topic One of the course.
Your results: You will receive your individual results electronically AFTER the test has closed.

Task 2: Online Test 2 (3% of course assessment). O/L Test 2 OPENS from 9 a.m. Monday 15 March to 11 .59 p.m.
Sunday 21 March. You must personally complete the test within this timeframe, there are NO resits.
L/O 1 content covered by this test includes: Te Tiriti o Waitangi/the Treaty of Waitangi; the New Zealand Constitution.
Both are from Topic Two of the course.
Your results: You will receive your individual results electronically AFTER the test has closed.

Task 3: Online Test 3 (4% of course assessment). O/L Test 3 OPENS will OPEN at 9 a.m. Monday 22 March and will
remain OPEN until 11.59 p.m. Sunday 28 March. You must personally complete the test within this timeframe, there
are NO resits. L/O 1 and 2 content covered by this test includes: Role of courts and tribunals; precedent; application
of s(5), Interpretation Act 1999, all from Topic Three of the course.
Your results: You will receive your individual results electronically AFTER the test has closed

Task 4: Statutory analysis and application, due 4 p.m., Friday 23 April (NOTE this is during the term break).(40% of
course assessment) L/O 2 and 3 content covered by this assessment includes: Statutory interpretation, rules and
maxims; Tort law and the tort of negligence; Contract Law, from contract formation through to contractual terms.
(Topics 4 to 9). This assessment requires that you analyse a range of provided legal scenarios to apply relevant
statutory and other legal principles, then write up your analysis using the legal problem-solving method. Your written
analysis must identify the material facts; state the legal issue/s to be addressed; set out the relevant legal principles
(i.e., statutory, precedent, and/or other); then apply these legal principles to the material facts in each scenario to
form your conclusion (your legal ‘opinion’) using the legal problem-solving method. You must personally complete this
assessment by the due date and time, there are NO resits.
Your results: As per the Toi Ohomai Regulatory Framework – see the ‘Marking Turnaround’ section on page 10.

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Task 5: Complex case analysis, due 4 p.m., due Friday 18 June. (50% of course assessment)
L/O 2 and 3 content covered by this assessment includes Contractual terms – express, implied, statutory, other;
contractual operation, performance; default and breach; contractual remedies; the law of real and personal property,
ownership, possession, land as property; passing of property and risk; sales of goods, consumer guarantees, fair
trading, and business employment law. (Topics 10 to 16). This assessment requires you to undertake in-depth analysis
of supplied complex real-life cases, and apply relevant statutory provisions and other applicable legal rules to
construct a statement of the parties’ legal position, using the legal problem-solving method. You must identify
potential impacts of the various legal issues for the parties in each case, and suggest realistic, legally valid means of
resolving these legal issues. Your findings (your opinion) must be supported by valid legal justifications and reasoning.
Your results: As per the Toi Ohomai Regulatory Framework – see the ‘Marking Turnaround’ section on page 10.

Learning
Assessment Assessment Tasks Percentage
Outcomes
No. Commercial Law Portfolio of 5 separate Tasks Weighting
Assessed
1. Task 1 – Online test 1 LO1 3%
2. Task 2 – Online test 2 LO1 3%
3. Task 3 – Online test 3 LO1,2 4%
4. Task 4: Statutory analysis and application LO2,3 40%
5. Task 5 – Complex case analysis LO2, 3 50%

REQUIREMENTS FOR SUCCESSFUL COMPLETION

This course is assessed using achievement-based assessment. Learners must reasonably attempt and submit all
summative assessment tasks at the time, due date and place stipulated in the Course Outline, and gain a
minimum of 50% overall in order to pass and receive credit for this course.

Portfolio Assessment Resubmission Rules

This paper is assessed via a Portfolio. This means you will complete tasks during the Semester which will
combine to form your final result. You may receive separate marks per task, however, you are not entitled to
resubmit individual tasks. If you achieve 45-49% for your overall portfolio at the end of the semester you may
apply for Associate Dean’s approval to resubmit your whole portfolio in order to achieve a pass grade of
maximum 50%.

TURNITIN

A requirement of this course is that all assessment files submitted by students will be subject to review by the
Turnitin plagiarism detection service and will be stored as source documents in the Turnitin.com reference
database solely for the purpose of detecting plagiarism. When you submit your assessment, Turnitin compares it
to its extensive database of student work, websites, books, and articles, including your own previous
submissions. It then provides you (and your tutor) with a percentage score that shows how similar your work is
to other available work. The similarity reports are one tool which helps the tutor identify where there are
possible plagiarism issues. If issues are identified via Turnitin this may lead to a student disciplinary process as
per our student regulations. You must acknowledge all sources using the correct APA7 format when drawing
from their material in your work. APA reference guides can be found here:
https://toiohomai.libguides.com/c.php?g=843532

In addition, tutors may ask to see a document in progress to ensure it is the work of its owner. The Toi Ohomai
Academic Integrity Policy has more information about this. Section 3.4 states:
"Kaiako/teachers will follow the approved disciplinary procedures when they have doubts about the authenticity
of akonga/student work, on the basis of evidence such as: data from anti-plagiarism software; observed copying
or non-approved exchange of information; absent referencing; differences in level of language; recognition of
previously published text; or other evidence."

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ACADEMIC MISCONDUCT

As per Academic Misconduct (Toi Ohomai 2021 Regulatory Framework for Quality Assurance)
“Academic misconduct is seeking to gain for oneself, or assisting another person to gain an academic advantage
by deception or other unfair means. Academic misconduct includes any breach of any rules relating to
summative assessment, including tests or examinations and any dishonest practice occurring in the preparation
or submission of any work (whether in the course of an examination or not) which counts towards the
attainment of a grade in any course or otherwise occurring in connection with any summative assessment. A
student is considered to have engaged in academic misconduct if they:

Collaborate, share or otherwise allow their work to be copied, in full or in part, by another for purposes of
cheating; Copy, paraphrase or summarise another person’s work or ideas from any source and represent it as
their own work, without correctly acknowledging the original source (i.e. plagiarism); Copy from their own
previously assessed work and present it as findings or discussion in a new assessment task; Submit work that has
been prepared for another purpose without permission or without referencing; Falsify data, information or
citations; Falsely claim to have submitted an assessment or provides false information as to the reason for
missing a deadline; Prevent other students from completing their work; Look at the work of another person or
copy from another person during an assessment; Allow another person to look at their work or copy from
another person during an assessment; Contract a third party to undertake their examination or other
assessment; Commit any other act or Commit any other act or act of omission considered by Toi Ohomai to be
academically dishonest”.

MARKING TURNAROUND

As per Assessment Matters (Toi Ohomai 2021 Regulatory Framework for Quality Assurance)
3. 5.1 General
g. Unless otherwise specified in programme regulations, students are entitled to have each piece of marked
written work (or a copy thereof) returned within ten (10) working days of the final date for submission.
j. Final course results will be provided to students within fifteen (15) working days of the end date of the course.

PENALTIES FOR LATENESS AND INCOMPLETE WORK

5% of your final assessment mark will be deducted for every day that the assessment is late (the first 5% will be
taken off one minute after the due date and time - then 24 hours later another 5% will be deducted and so on to
a maximum of five days).

Your assessment will not be marked and you will receive a zero grade if it is five (5) days late.

Where there is a word count on an assessment, there is a 10% allowance either way, if it gets over 10% I will stop
reading and no marks will be allocated for the excess words.

5.5.5 Assessment Penalties

As per Assessment Matters (Toi Ohomai 2021 Regulatory Framework for Quality Assurance)
b. Penalties may be applied to students who:
i. do not submit an assessment by the due date and time without an approved extension; and/or
ii. do not sit a test or examination on the scheduled day; and/or iii. do not attempt any practical
assessment activity which may have been timetabled to occur once only during the programme.

I hope you will enjoy your course but PLEASE let me know if you’re not!
I am here to help you!
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