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Framework of Commercial Law - ATAX0104
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Faculty: Faculty of Law
 
 
School:  Australian School of Taxation
 
 
Course Outline: See below
 
 
Campus: ATAX Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 0
 
 
Enrolment Requirements:
 
 
Restricted to students enrolled in Program 5541 or 7541
 
 
Excluded: ATAX0004
 
 
Fee Band: 1 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This is a core course in the Atax program and deals with the basic principles of commercial law and in particular with the rules of contract. Selected aspects of the Trade Practices Act, agency, bills of exchange and cheques are also given special treatment. The course focuses on developing your understanding of how commercial law works in the business world.


Recommended Prior Knowledge

None

Course Objectives

  • Demonstrate a basic understanding of the legal aspects of commercial transactions and relationships
  • Discuss in detail the elements of an agreement and identify, from a given fact situation, whether a contract has been entered into
  • Identify the terms of a contract, including the law relating to implied terms both at common law and under selected statutes
  • Differentiate between a breach of a condition and a breach of a warranty and the remedies which apply in respect of each
  • Analyse the legal situation and identify what rights the parties have when there has been a breach of contract, or a contract has been frustrated
  • Explain the concept of damages and apply the principles to factual situations
  • Analyse problems arising in questions of agency and support your analysis with reasons supported by reference to principles and case law
  • Analyse what is meant by misrepresentation in forming a contract and solve practical problems involving this concept
  • Apply provisions of the Sale of Goods Acts and Trade Practices Act 1974 (Cwlth) in solving practical legal problems involving selected statutory provisions
  • Explain the concept of negotiable instruments and solve simple problems based on this concept.

Main Topics

  • Protection by legislation
  • Contracts - the agreement
  • Contracts - termination, breach and ancilliary matters
  • Agency
  • Negotiable instruments

Assessment

2 assignments
1 exam

Course Texts

Prescribed
Gillies P, Business law (Sydney: Federation Press, 12th ed, 2004)

Citation and Style Guides
The following is a selection of acceptable citation and style guides, which you may use as the basis for your written work. You must purchase or have access to one of the following publications:
  • Rozenberg P, Australian guide to uniform legal citation (Sydney: Lawbook Co, 2nd ed, 2003)
  • Stuhmcke A, Legal referencing (Sydney: Butterworths, 3rd ed, 2005)
  • Australian guide to legal citation (Melbourne University Law Review Association, 2nd ed, 2002) - Available from http://mulr.law.unimelb.edu.au/aglc.asp
Recommended
Refer to Course Profile supplied by Lecturer.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.