School of Law

LAWS7009 Commercial Law

Quarter 1 2022
 Subject Details

Subject Code: LAWS7009

Subject Name: Commercial Law
Credit Points: 10
Subject Level: 7
Assumed Knowledge: Not Applicable

Note: Students with any problems, concerns or doubts should discuss those with the Subject Coordinator as early as they can.

Subject Coordinator
Name: Kumar De Silva
Email: k.desilva@westernsydney.edu.au
Consultation Arrangement:
By appointment via Zoom

Director of Academic Program

Name: Elen Seymour
Phone: (02) 9685-9259 (Parramatta) OR (02) 4620-3647 (Campbelltown)
Location: Building EK.G.37, Parramatta South Campus OR Building 22.1.71, Campbelltown Campus
Email: e.seymour@westernsydney.edu.au
Consultation Arrangement:
Please email me to make an appointment.

Administrative Support
Name: Sydney Graduate School of Management (SGSM) client Services
Phone: 9685 9801
Location: Parramatta City Campus
Email: sgsmclientservices@westernsydney.edu.au

Liaison Librarian
Name: Michelle Holdstock
Phone: (02) 4620-3580 (Campbelltown) or (02) 9685-9893 (Parramatta)
Location: Building 1.G, Campbelltown Campus OR Building EN.LG.11, Parramatta South Campus
Email: M.Holdstock@westernsydney.edu.au

Edition: Quarter 1 2022

Copyright ©2022 University Western Sydney trading as Western Sydney University ABN 53 014 069 881 CRICOS Provider No: 00917K No part of this publication may be reproduced or transmitted in any form or by any means,
electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without the prior written permission from the Dean of the School. Copyright for acknowledged materials reproduced
herein is retained by the copyright holder. All readings in this publication are copied under licence in accordance with Part VB of the Copyright Act 1968.
Contents
1 About Commercial Law 2
1.1 An Introduction to this Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.2 What is Expected of You . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.3 Changes to Subject as a Result of Past Student Feedback . . . . . . . . . . . . . . . . . . . . . . . . 4

2 Assessment Information 5
2.1 Subject Learning Outcomes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.2 Approach to Learning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.3 Contribution to Program Learning Outcomes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.4 Assessment Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.5 Assessment Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.5.1 Quizzes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.5.2 Short Answer Problem Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2.5.3 Final Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2.5.4 Class Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2.6 General Submission Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

3 Teaching and Learning Activities 18

4 Learning Resources 21
4.1 Recommended Readings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Note: The relevant Learning Guide Companion supplements this document

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1 About Commercial Law

1.1 An Introduction to this Subject

In this subject, students learn about the concepts of law, its impact on businesses, and how to apply the law to solve
practical legal problems that arise in business. The subject is designed to help you identify where potential legal issues
or problems can arise in business. It deals with concepts of Australian law and commercial legal obligations that are
of importance both to professional practice and to studies in later subjects. The subject topics are: Australian Legal
Institutions and Sources of Law, Case Law and Doctrine of Precedent, Legislation and Statutory Interpretation, The
Australian Federation and Concepts of Constitutional Law, Principles of Tortious Liability, the formation, vitiation,
performance and discharge of contracts, forms of business structure, consumer transactions, consumer protection and
agency.

1.2 What is Expected of You

Study Load

A student is expected to study an hour per credit point a week. For example a 10 credit point Subject would require
10 hours of study per week. This time includes the time spent within classes during lectures, tutorials or practicals.

Note for Summer Terms: As Summer subjects deliver the same content and classes over a shorter period of time,
the subjects are run in a more intensive mode. Regardless of the delivery mode, the study hours for each subject in
Summer A will be around 22 hours; in Summer B, around 30 hours.

Attendance

Final Exam - Required to authenticate the individual for accreditation purposes - to 50%
Class Participation - Required to authenticate the individual for accreditation purposes - to 50%.
Attendance is expected if enrolled in the on- campus face to face offering and may be required for examinations in
the online delivery offering. Refer to the Learning Guide for specific information.

Online Learning Requirements

Subject materials will be made available on the Subject’s vUWS (E-Learning) site (https://vuws.westernsydney.
edu.au/). You are expected to consult vUWS at least twice a week, as all Subject announcements will be made via
vUWS. Teaching and learning materials will be regularly updated and posted online by the teaching team.

Special Requirements

Essential Equipment:
Not Applicable
Legislative Pre-Requisites:
Not Applicable

Policies Related to Teaching and Learning

The University has a number of policies that relate to teaching and learning. Important policies affecting students
include:

– Assessment Policy
– Bullying Prevention Policy and

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 – Guidelines
– Enrolment Policy
– Examinations Policy
– Review of Grade Policy
– Sexual Harassment Prevention Policy
– Disruption to Studies Policy
– Student Misconduct Rule
– Teaching and Learning - Fundamental Code
– Student Code of Conduct

Academic Integrity and Student Misconduct Rule

Western cares about your success as a student and in your future career. Studying with academic integrity safeguards
your professional reputation and your degree. All Western students must:

– be familiar with the policies listed above;

– apply principles of academic integrity;
– act honestly and ethically in producing all academic work and assessment tasks; and
– submit work that is their own and acknowledge any sources used in their work.

Each time you submit an assessment, you will declare that you have completed it individually, unless it is a group
assignment. In the case of a group assignment, each group member should be ready to document their individual
contribution if needed. You will also declare that no part of your submission has been:

– copied from any other student’s work or from any other source except where appropriate acknowledgement is
made in the assignment;
– submitted by you in another (previous or current) assessment, except where appropriately acknowledged, and
with prior permission from the Subject Coordinator;
– made available to others in any form, where individual work is required;
– written/produced for you by any other person.

The Student Misconduct Rule applies to all students of Western Sydney University including Western Sydney Univer-
sity programs taught by other education providers. You must not engage in academic, research or general misconduct
as defined in the Rule or you may be subject to sanctions. The University considers submitting falsified documentation
in support of requests to redo, resit or extend submissions, including sitting of deferred examinations, as instances of
general misconduct.

More information on studying with integrity is available on the Study with Integrity webpage. It is your responsibility
to apply these principles to all work you submit to the University.

Avoid using external ’support’ sites or other external help

To avoid the risk of your assignment being shared without your knowledge, do not upload your assignment to any
external sites for spelling, grammar or plagiarism checks. Your safest option is to use the free services provided by
Library Study Smart or Studiosity.

Avoid using any websites that:

– allow sharing of assignments or other material

– reward sharing of material with credits, tokens; or access to additional materials/features/services;
– provide answers to textbook or assignment/exam questions;
– provide free sample assignments; and/or include order buttons and prices; and/or
– invite you to submit your assignment for plagiarism or grammar or other checks.

Engagement with academic cheating sites will be regarded as misconduct. Academic cheating services often market
themselves as ’support’. Engagement with these sites includes:

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 – Sharing assignments or course material;
– Using online tools provided by these sites to check for plagiarism, grammar or spelling; and/or
– Purchasing writing services, or obtaining a copy of an assignment.

Uploading your work to these sites may lead to your work being shared with others with or without your knowledge
and consent.

The Australian Government monitors current and past students’ use of academic cheating services, and may report
student material found on these sites or other forms of engagement to universities.

Current students with items found on academic cheating sites face sanctions under the Student Misconduct Rule.
Outcomes for graduates may include revocation of award. For more information see https://www.westernsydney.
edu.au/currentstudents/current_students/student_misconduct_rule.

More advice can be found on the Study with Integrity webpage.

Need help?

If you are having difficulties with understanding or completing an assessment task, contact your Subject Coordinator
as soon as possible. Western also has a range of academic support services, including:

– Library Study Smart: book a one-to-one Zoom consultation with a literacy expert. You can discuss how
to develop your assignment writing and study skills or seek assistance to understand referencing and citation
requirements. Check the Library Study Smart website for how-to study guides and tools.
– Studiosity: Upload your assignment draft to Studiosity within vUWS to receive writing feedback within 24
hours.
– Online workshops, programs and resources: From maths and stats help to academic literacy and peer support
programs, the University has a range of resources to assist.

Please also remember that there is a range of wellbeing support available - from counselling and disability services to
welfare.

1.3 Changes to Subject as a Result of Past Student Feedback

The University values student feedback in order to improve the quality of its educational programs. The feedback
provided helps us improve teaching methods and Subjects of study. The survey results inform Subject content and
design, learning guides, teaching methods, assessment processes and teaching materials.

You are welcome to provide feedback that is related to the teaching of this Subject. At the end of the semester you
will be given the opportunity to complete a Student Feedback on Subject (SFU) questionnaire to assess the Subject.
You may also have the opportunity to complete a Student Feedback on Teaching (SFT) questionnaire to provide
feedback for individual teaching staff.

As a result of student feedback, the following changes and improvements to this subject have recently been made:

– The content, scheduling and scope of Modules has been reconfigured to enhance student comprehension.

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2 Assessment Information

2.1 Subject Learning Outcomes

Outcome
1 Discuss the origin and development of law and legal institutions in Australia and their social, political and
commercial context.
2 Apply common law and statute law to tortious, contractual, consumer and agency relationships to resolve
legal issues.
3 Examine the various business entities and their legal responsibilities to solve practical legal problems.

2.2 Approach to Learning

The subject has six modules. The relevant learning materials will be available on vUWS. Additional material may
be posted on vUWS from time to time. The learning materials are designed to guide your learning on the allocated
topics for each week and support the prescribed reading for the subject. The prescribed reading cannot be replaced by
only reading or engaging with online activities. The tutorial program focuses on problems that have a legal aspect to
it and the application of the concepts you have learned in the lecture, the textbook and/or your broader reading to a
range of common business scenarios. This is to allow students to identify the legal issues and to consider and discuss
how best to respond to such situations in the business environment. Some of the tutorial questions are designed to
prepare students for the types of problem questions, which students may be given in the essay and final exam. The
approach used in this subject is best summarised as follows: The main objective of business legal education is to
prepare students for the business world. Graduates should be able to operate a business within the parameters of the
law, consider the legal implications and risks inherent in business decisions and identify legal issues at a preliminary
stage. A person involved in business should not only be able to suggest possible solutions to disputes but also to
distinguish circumstances in which it would be more appropriate to seek professional legal advice (Lisa M Skwarok,
’Business Law for Non-Lawyers: Setting the Stage for Teaching, Learning and Assessment at Hong Kong Polytechnic
University’ (1995) 29(2) The Law Teacher 189,190-1).

The subject and all the learning materials have been designed to implement this approach. We acknowledge that
there is a fair amount of reading involved in this subject and that complex issues arise throughout but we hope the
resources we have provided to support this approach, and the tutorial problems will help you to work through the
content. The tutorial problems focus on applying the concepts you have learned in the Lectures, from the textbook
and/or from your broader reading, to a range of common business scenarios. The problems and questions in the
tutorial program may be indicative of future assessment content and methodology.

During Quarter 1 this subject will be delivered wholly online via Zoom (see Zoom Meeting Information tab on vUWS
for details)  in the form of a single four hour seminar every week (comprising a 1 hour lecture and three hour tutorial)
every Thursday from 6pm-10pm.

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 2.3 Contribution to Program Learning Outcomes

Western Sydney University Graduate Attributes

Graduate Attributes SLO 1 SLO 2 SLO 3

1. Command multiple skills and literacies to enable adaptable lifelong learning
2. Demonstrate knowledge of Indigenous Australia through cultural competency and professional capacity
3. Demonstrate comprehensive, coherent and connected knowledge
4. Apply knowledge through intellectual inquiry in professional or applied contexts
5. Bring knowledge to life through responsible engagement and appreciation of diversity in an evolving world
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2.4 Assessment Summary

The assessment items in this Subject are designed to enable you to demonstrate that you have achieved the Subject
learning outcomes. Completion and submission of all assessment items which have been designated as mandatory or
compulsory is essential to receive a passing grade.

To pass this Subject you must:

1. Achieve a mark of at least 45 per cent on the final examination;

2. Also achieve an overall mark of at least 50 per cent or more for the subject; and

3. Attempt all assessment items, including class participation.  

NB: The final exam is a ”threshold exam” - this means you must achieve a mark of at least 18/40 in the final exam
AND receive an overall mark of 50% or more for the subject as a whole.  If you do not receive a mark of at least
18/40 for the final exam but you do receive a total mark of over 50 for the whole subject then you will receive a
Compulsory Fail (CF) Grade and will have failed this subject and must take the subject again.  For eg if you receive
a mark of 15/40 for the final exam but 52 CF for the subject overall you have failed the subject as you have not met
the threshold for passing the exam.   

Item Weight Due Date SLOs Assessed Threshold

Quizzes 20% The 5 online Quizzes will only 1-3 No
be available on the dates
announced to students via
vUWS for the relevant Modules
to be undertaken in Weeks
3,5,7,8 & 9.
Short Answer Problem 30% 6pm on Thursday 3 March 2022 1-3 No
Questions
Final Exam 40% During the formal exam period, 1-3 Yes
actual date TBA later
Class Participation 10% Every class 1-3 No

Feedback on Assessment

Feedback is an important part of the learning process that can improve your progress towards achieving the learning
outcomes. Feedback is any written or spoken response made in relation to academic work such as an assessment
task, a performance or product. It can be given to you by a teacher, an external assessor or student peer, and may
be given individually or to a group of students. As a Western Sydney University student, it is your responsibility to
seek out and act on feedback that is provided to you as a resource to further your learning.

Note: Online quiz result will be released after the quiz is closed. Students will receive feedback on the short answer
problem questionswith comments on potential areas of improvement. There will be no additional feedback on the
final exam.

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2.5 Assessment Details

2.5.1 Quizzes

Weight: 20%
Type of Collaboration: Individual
Due: The 5 online Quizzes will only be available on the dates announced to students via
vUWS for the relevant Modules to be undertaken in Weeks 3,5,7,8 & 9.
Submission: on-Line via vUWS under Assessment 1
Format: Students will be awarded the best 4 results out of 5 available Quizzes (students are
required to attempt a minimum of 4 out of 5 available Quizzes) with each Quiz
comprising 5 multiple choice questions (i.e. maximum of 5 marks per Quiz for a total
maximum of 20 marks from the best 4 Quiz results) The content of each Quiz will relate
to a particular Module (further details to be announced via vUWS). Students must
complete the online quiz within the given time as the test will automatically close after
the set time and submit your results.

Length: 20 minutes each

Curriculum Mode: Quiz

Resources:

Your readings and your module materials.

8
Marking Criteria:

A selected answer is marked as either correct or incorrect, no partial marks are awarded for partial answers.

9
2.5.2 Short Answer Problem Questions

Weight: 30%
Type of Collaboration: Individual
Due: 6pm on Thursday 3 March 2022
Submission: Submission will be via Turnitin on vUWS
Format: Assessment 2 (short answer problem questions)
The assessment task must be completed by each student individually. Further details
will be posted to vUWS.

Length: 1,000 words

Curriculum Mode: Essay

TBC via vUWS.

Students are required to learn how to use Turnitin well in advance of the due date for the essay. Difficulty using
Turnitin at the last minute will not be accepted as an excuse for missing the deadline (except in the event of a
verifiable problem with our systems at the relevant time).

Return of assessment material - comments can be viewed on vUWS as soon as they are all marked.

Criteria and general assessment requirements:

Essay questions are fact-based legal problems. The following Learning Outcomes will be assessed in the Essay

1. Apply common law and statue law to resolve legal issues.

2. Examine the various business entities and their ongoing legal responsibilities to solve practical legal problems.

Presentation and style:

- organises a clear and coherent essay;

- writes clearly, accurately and is grammatically correct; - punctuates appropriately;

- references sources according to the Harvard WesternSydU style (see ’Referencing’ below). Content and knowledge;

- identifies and explains the relevant area of common law and statutory legal systems;

- integrates relevant cases and legislation to support their answer to the legal problem;

- applies the legal principles and legislation to the facts of the legal problem; and

- provides a conclusion to the legal problems (questions raised), including any defences, remedies or penalties.

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Marking Criteria:
Criteria High Distinction Distinction Credit Pass Unsatisfactory
High distinction Distinction Credit (65-74%) Pass (50-64%)The Fail (0-49%)The
(85%+) (75-84%)The The student’s student’s student’s
The student’s student’s performance, in performance performance fails to
performance, in performance, in addition to satisfies all of the satisfy the learning
addition to addition to satisfying all of the basic learning requirements
satisfying all of the satisfying all of the basic learning requirements specified. For
basic learning basic learning requirements specified and example, poor
requirements, requirements, specified, provides a sound knowledge or
demonstrates demonstrates demonstrates basis for proceeding application of the
distinctive insight distinctive insight insight and ability to higher-level law, irrelevant
and ability in and ability in in analysing and studies in the discussion, poor
analysing and analysing and applying relevant subject area. The standard of
applying relevant applying relevant skills and concepts. student’s presentation and
skills and concepts, skills and concepts, The student’s performance could inaccurate
and shows and shows a performance could be described as referencing.
exceptional ability well-developed be described as satisfactory.
to synthesise, ability to synthesise, better than
integrate and integrate and competent.
evaluate the law. evaluate knowledge.
The student’s The student’s
performance could performance could
be described as be described as
outstanding. distinguished.

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2.5.3 Final Exam

Weight: 40%
Type of Collaboration: Individual
Due: During the formal exam period, actual date TBA later
Submission: Online invigilated exam, likely submission via Turnitin on vUWS. TBC closer to the
exam date.
Format: This is an open book exam permitting students to utilize any hard copy and digital
materials. However, students are not permitted to access social media of any kind
during the exam or to communicate with anyone during the examination by any means
including email, social media, or telephone. You are responsible for making sure you
have material suitable for the exam conditions at the time of the exam. This exam may
be delivered via Proctor-U or similar online invigilation delivery.
Length: 2 hours
Curriculum Mode:
Threshold Detail: Students must achieve a mark of at least 45% on this paper in order to be eligible to
pass the unit.

Resources:

Refer to textbook, lecture materials, in-class activities, feedback from the mid-term assessment and the resources
available on vUWS for this unit to help you prepare for this assessment.

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Marking Criteria:
Criteria High Distinction Distinction Credit Pass Unsatisfactory
High distinction Distinction Credit Pass Fail
(85%+) (75-84%)The (65-74%)The (50-64%)The (0-49%)
The student’s student’s student’s student’s The student’s
performance, in performance, in performance, in performance performance fails to
addition to addition to addition to satisfies all of the satisfy the learning
satisfying all of the satisfying all of the satisfying all of the basic learning requirements
basic learning basic learning basic learning requirements specified. For
requirements, requirements, requirements specified and example, poor
demonstrates demonstrates specified, provides a sound knowledge or
distinctive insight distinctive insight demonstrates basis for proceeding application of the
and ability in and ability in insight and ability to higher-level law, irrelevant
analysing and analysing and in analysing and studies in the discussion, poor
applying relevant applying relevant applying relevant subject area. The standard of
skills and concepts, skills and concepts, skills and concepts. student’s presentation and
and shows and shows a The student’s performance could inaccurate
exceptional ability well-developed performance could be described as referencing.
to synthesise, ability to synthesise, be described as satisfactory.
integrate and integrate and better than
evaluate the law. evaluate knowledge. competent.
The student’s The student’s
performance could performance could
be described as be described as
outstanding. distinguished

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2.5.4 Class Participation

Weight: 10%
Type of Collaboration: Individual
Due: Every class
Submission:
Format:
Length: Every class
Curriculum Mode:

Students must participate in classes in order to receive a class participation mark and avoid a fail non-submission
grade for the subject. Participation is more than mere attendance at online classes. Students are reminded that asking
and answering questions does not require 100% correct knowledge and that the process of discussing possible answers,
issues, solutions and interpretations assists the learning process for everyone much more than passive listening and
writing down the ”final” answer. Learning to discuss ideas respectfully is key to success in every career.

14
Marking Criteria:

Students should prepare for each class by reading prescribed material and engaging with any online materials provided
such as podcasts, videos or other activities. Students gain marks by asking and answering questions put by the subject
coordinator, other students and any guest lecturers. Some weeks may include pre-set homework questions that you
should prepare draft answers and raise possible questions you might have in advance of the class in order to be able
to participate effectively. This includes questions seeking to gain a better understanding of any materials studied.
Students are encouraged to bring along examples from real life and the media to class to start short conversations
about the law in commercial, professional and personal life.

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2.6 General Submission Requirements

Submission

– All assignments must be submitted by the specified due date and time.
– Complete your assignment and follow the individual assessment item instructions on how to submit. You must
keep a copy of all assignments submitted for marking.

Turnitin

– The Turnitin plagiarism prevention system may be used within this Subject. Turnitin is accessed via logging
into vUWS for the Subject. If Turnitin is being used with this Subject, this means that your assignments have
to be submitted through the Turnitin system. Turnitin from iParadigms is a web-based text-matching software
that identifies and reports on similarities between documents. It is also widely utilised as a tool to improve
academic writing skills. Turnitin compares electronically submitted papers against the following:
– Current and archived web: Turnitin currently contains over 24 billion web pages including archived pages
– Student papers: including Western Sydney University student submissions since 2007
– Scholarly literature: Turnitin has partnered with leading content publishers, including library databases,
text-book publishers, digital reference collections and subscription-based publications (e.g. Gale, Pro-
quest, Emerald and Sage)

– Turnitin is used by over 30 universities in Australia and is increasingly seen as an industry standard. It is
an important tool to assist students with their academic writing by promoting awareness of plagiarism.By
submitting your assignment to Turnitin you will be certifying that:
– I hold a copy of this assignment if the original is lost or damaged
– No part of this assignment has been copied from any other student’s work or from any other source except
where due acknowledgement is made in the assignment
– No part of the assignment has been written for me by any other person/s
– I have complied with the specified word length for this assignment
– I am aware that this work may be reproduced and submitted to plagiarism detection software programs for
the purpose of detecting possible plagiarism (which may retain a copy on its database for future plagiarism
checking).

Self-Plagiarising

– You are to ensure that no part of any submitted assignment for this Subject or product has been submitted by
yourself in another (previous or current) assessment from any Subject, except where appropriately referenced,
and with prior permission from the Lecturer/Tutor/Subject Coordinator of this Subject.

Late Submission

– If you submit a late assessment, without receiving approval for an extension of time, (see next item), you will
be penalised by 10% per day for up to 10 days. In other words, marks equal to 10% of the assignment’s weight
will be deducted from the mark awarded.
– For example, if the highest mark possible is 50, 5 marks will be deducted from your awarded mark for each late
day.
– Saturday and Sunday are counted as one calendar day each.
– Assessments will not be accepted after the marked assessment task has been returned to students.
– This is consistent with Western Sydney University’s Assessment Policy

16
Extension of Due Date for Submission

A student may apply for an extension of the due date for an assessment task if extenuating circumstances outside their
control, and sufficiently grave in nature or duration, cause significant disruption to their capacity to study effectively.

To apply for an extension of assessment, please go to https://www.westernsydney.edu.au/currentstudents/current_

students/forms for guidance on how to lodge a request for consideration by the Subject Coordinator/Convenor.
Extension requests can be lodged before, on or no later than 5.00pm two working days after the due date of the
assessment task.

Resubmission

Resubmission of assessment items will not normally be granted if requested.

Disruption to Studies

It is strongly recommended that you attend all scheduled learning activities to support your learning. The University
will provide students who have experienced a serious and unavoidable disruption to their studies a Disruption to
Studies provision, which is an opportunity to demonstrate that you have met the learning outcomes for the subject.
To be eligible for a Disruption to Studies Provision, the disruption must impact your studies for at least three
consecutive days. More information, including how to apply for a Disruption to Studies, can be found on the
University website https://www.westernsydney.edu.au/currentstudents/current_students/services_and_facilities/
special_consideration

Supplementary Assessments

A student may be eligible to apply for a supplementary assessment after the official notification of final Subject
results. Please see the Procedures Section of the WSU Assessment Policy for details of eligibility and the application
process.

17
 3 Teaching and Learning Activities

Weeks Topic Readings Assessments Due

Week 1 Module 1 The Australian Legal System Readings for Seminar 1: Prescribed Text - Chs 1,2
10-01-2022 & 4.

Introduction to the Unit

Introduction to Law - Legal Foundations, origins of
law and alternative legal systems.
Sources & Institutions of Australian Law - The
Australian Constitution and the separation of state
power between the Legislature/Executive/Judiciary;
Federation & division of powers between
Commonwealth and State governments;
Legal Methodology (i.e. how to find,read and apply
law) - statutory interpretation; common law &
precedent; legal research & writing
18

Week 2 Module 2  - Tort Law Part A Readings for Seminar 2: Prescribed Text - Ch 5 &
17-01-2022 6..  Students should attempt the questions posted
on vUWS.

The Law of Torts and Negligence. Topic:

Introduction to the tort of Negligence & the
elements of negligence: - Duty of care - Breach of
duty of care and standard of care - Damages -
Causation of actual damage and remoteness of
damage. 
Week 3 Module 2  -Tort Law Part B Readings for Seminar 3: Prescribed Text - Chs 5 & - Quizzes
24-01-2022 6. Students should attempt the questions posted on
vUWS.

Negligence - established categories of duty of care

(e.g. occupier’s liability)

Negligence - novel categories of duty of care -

liability for negligent misstatement / liability for
pure economic loss
 Weeks Topic Readings Assessments Due
Doctrines Extending liability for Torts - Vicarious
Liability & Non-delegable duty of care
Week 4 Module 3  - Contract Law Part A  Readings for Seminar 4: Prescribed Text - Ch 7.
31-01-2022 Students should attempt the questions posted on
vUWS.

— Formation of Contract
— Vitiating factors
Week 5 Module 3  - Contract Law Part B Readings for Seminar 5: Prescribed Text - Ch 8. - Quizzes
07-02-2022 Students should attempt the questions posted on
vUWS.

— Interpretation of Terms
— Performance
Week 6 Module 3  - Contract Law Part C Readings for Seminar 6: Prescribed Text Ch 9. 
14-02-2022 Students should attempt the questions posted on
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vUWS.

— Termination
— Remedies
Week 7 Module 4 - Law of Agency and Business Structures Readings for Seminar 7: Prescribed Text - Chs 10, - Quizzes
21-02-2022 15 & 16. Students should attempt the questions
posted on vUWS.

— Law of Agency
— Corporations (i.e. Companies and Incorporated
Associations);
— Partnerships;
— structuring business operations
 Weeks Topic Readings Assessments Due
Week 8 Module 5 - Consumer and Competition Law Readings for Seminar 8: Prescribed Text - Chs 11 & - Quizzes
28-02-2022 12. Note: Students should attempt the questions - Short Answer Problem Questions
posted on vUWS.

— Sale of Goods (inter-business transactions)

— Consumer Protection Law (business to
consumer transactions) - consumer guarantees,
prohibition against misleading and deceptive
conduct and  prohibition against
unconscionable conduct.
— Competition Law - prohibition against
horizontal restraints / prohibition against
vertical restraints / regulation of mergers &
acquisitions
Week 9 Module 6 - Data protection and privacy regulation Readings for Seminar 9: Posted to vUWS chapter - Quizzes
07-03-2022 for businesses from Gibson, 11th ed, 2019) Ch 25&27

Week 10 Revision & Exam Preparation Materials on vUWS. - Class Participation

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14-03-2022

The above timetable should be used as a guide only, as it is subject to change. Students will be advised of any changes as they become known on the Subject’s vUWS site.
4 Learning Resources

4.1 Recommended Readings

Prescribed Textbook

Nickolas James Business Law 5th ed (Pearson 2020) 

Additional Reading

Gibson, Andy and Douglas Fraser, Business Law (Pearson, 9th ed, 2016)

Graw et al, Understanding Business Law (LeisNexis, 8th ed, 2017). 

Lambiris, Michael and Laura Griffin, First Principles of Business Law (CCH, 9th ed, 2016). 

Latimer, Paul, Australian Business Law (CCH, 35th  ed, 2016).

Traves, Samantha, Commercial Law (LexisNexis Butterworths, 4th ed, 2017).

Turner, Clive & Trone, John Australian Commercial Law (Thomson Reuters, 33rd ed, 2020).

Turner, Clive John Trone and Roger Gamble, Concise Australian Commercial Law (Thomson Reuters, 1st ed, 2017).

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