LAWS6018Commercial Law

Course handbook

Description

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 agency and bailment in the context of commercial transactions. Participatory activities are conducted in seminars to consolidate the understanding of relevant knowledge.

Availability2024 Course Timetables

Learning outcomes

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.

Content

The topics in this course include the following:

1. Transfer of property in goods
2. Sale of Goods, including an outline of Sale of Goods Act
3. 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.
4. 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.
5. Bailment.
6. Insurance law

Requisite

This course is only available to students enrolled in the programs:

[12334] Juris Doctor/Graduate Diploma in Legal Practice (JD)

[12340] Bachelor of Arts/Bachelor of Laws (Honours)

[12341] Bachelor of Social Science/Bachelor of Laws (Honours)

[12342] Bachelor of Communication/Bachelor of Laws (Honours)

[12343] Bachelor of Aboriginal Professional Practice/Bachelor of Laws(Honours)

[12346] Bachelor of Science/Bachelor of Laws (Honours)

[12347] Bachelor of Laws (Honours)/Diploma of Legal Practice

[12348] Bachelor of Laws (Honours)

[40036] Bachelor of Business/Bachelor of Laws (Honours)

[40037] Bachelor of Commerce/Bachelor of Laws (Honours)

[40129] Bachelor of Innovation and Entrepreneurship/Bachelor of Laws (Honours)

[40130] Bachelor of Development Studies/Bachelor of Laws (Honours)

[40150] Bachelor of Arts/Bachelor of Laws (Honours)

[40188] Bachelor of Global Indigenous Studies/Bachelor of Laws (Honours)

[40189] Bachelor of Science/Bachelor of Laws (Honours)

[40272] Bachelor of Criminology/Bachelor of Laws (Honours)

[40279] Bachelor of Coastal and Marine Science/Bachelor of Laws (Honours)

[40280] Bachelor of Biomedicine/Bachelor of Laws (Honours)

[40290] Bachelor of Psychological Science/Bachelor of Laws (Honours)

[50005] Bachelor of Media and Communication/Bachelor of Laws (Honours)

[50016] Juris Doctor

Assumed knowledge

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

LAWS6005 Property

Assessment items

Formal Examination: End of semester written examination

Essay: Multi-pronged research essay

Contact hours

Semester 2 - 2024 - Newcastle City Precinct

Course outline

Course outline not yet available.