This course will cover a range of issues related to the laws governing commercial transactions, primarily in the area of personal property. There will be advanced analysis of the theoretical underpinnings of the transfer of property and the role that property ownership and power play in the development of the laws governing commercial transactions. The course also explores a comparative analysis of the Sale of Goods Act 1923 (NSW) and the Australian Consumer Law (ACL). There is a critical analysis of the Personal Property Securities Act 2009 (Cth), particularly its dramatic effect on current issues in commercial law. The course also provides a broad overview of the law of insurance in the context of commercial transactions.
Not currently offered.
This Course was last offered in Semester 2 - 2020.
On successful completion of the course students will be able to:
1. Demonstrate advanced knowledge and understanding of current theoretical and practical issues relating to commercial transactions;
2. Critically analyse primary materials relevant to commercial law and apply the law to commercial problems to determine an arguable outcome;
3. Identify legal principles and employ specialised cognitive and technical skills to analyse competing considerations and resolve practical problems in the area of commercial law;
4. Apply advanced technical skills to evaluate contract terms that are used in legal practice in commercial transactions;
5. Accurately interpret the relevant legal issues in a variety of hypothetical situations, and critically and accurately apply the principles learnt in the course to those situations;
6. Structure and present a coherent and persuasive legal argument.
The topics in this course include the following:
- Transfer of property in goods
- Sale of Goods, including an outline of Sale of Goods Act
- Australian Consumer Law provisions dealing with consumer transactions, safety of consumer goods and product related services and liability of manufacturers for goods with safety defects.
- Security interest issues for businesses such as company charges, guarantees and retention of title clauses and the significant impact of the Personal Properties Securities Act 2009 (Cth) in this area.
- Insurance law
This course is only available to students enrolled in the Juris Doctor/ Graduate Diploma in Legal Practice program, or in a Bachelor of Laws (Honours) combined program.
LAWS6000 Legal System and Method I, and LAWS6001 Legal System and Method II
LAWS6002A Torts Part A, or LAWS6120 Torts I
LAWS6002B Torts Part B, or LAWS6121 Torts II
LAWS6003A & LAWS6003B Criminal Law & Procedure Part A & B, or LAWS6130 Criminal Law & Procedure
LAWS6004A Contracts Part A, or LAWS6140 Contracts I
LAWS6004B Contracts Part B, or LAWS6141 Contracts II
Formal Examination: End of semester written examination
Essay: Multi-pronged research essay
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.