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Commercial Law - LAWS2018
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1071, LAWS1072; or LAWS1420; Corequisite:LAWS4010
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

Commercial Law LAWS2018 is an Undergraduate Elective which introduces students to the general principles of commercial law, and builds on their foundation courses in Contracts, Business Associations 1 and Property, Equity & Trusts. It does not substantially overlap with specialised commercial options such as the Law of Banking, Trade Practices, Business Associations 2, Remedies or Consumer Protection Law, however it may provide a useful link between the study of the foundation courses and these more specialised options.

Commercial Law focuses on encouraging an understanding of the way in which general principles of common law, equity and statute law have developed to deal with the needs of commercial markets. The course, like the players in commercial markets, takes a problem-solving approach to subject matter, but also considers the broader policy dimensions of commercial law doctrines and practices. The problem solving approach investigates the way traders structure transactions to take best advantage of the protection offered by existing legal doctrines, and so illuminates the creative ways in which legal models or concepts are adapted to achieve pragmatic goals. The policy approach poses questions about the legitimacy of the strategic manipulation of legal models for certain commercial purposes, and the interaction between private ordering and public regulation in commercial activity.

Recommended Prior Knowledge

None

Course Objectives

The aim of the course is to give students a broad understanding of commercial law principles in context, rather than a detailed knowledge of particular rules or statutes. Students will:
  • Acquire an understanding of the way in which the basic concepts they have already learned in foundational courses (in particular, in contracts and property) are applied in a commercial environment
  • Acquire an understanding of several (new) key legal doctrines of importance in commercial transactions
  • Develop skills in thinking laterally about legal problems so as to find alternative approaches to achieving commercial goals
  • Appreciate the role of law in facilitating and regulating market activity in an evolving commercial environment

Main Topics

  • The regulatory context
  • Business structures
  • Business intermediaries
  • Property transactions
  • Managing risk
  • Commercial remedies
  • Future directions and challenges

Assessment

Class participation (10%)
Problem exercise (40%)
Final exam (50%)

Course Texts

Prescribed

  • Pearson, Fisher and Ali Commercial Law: Commentary and Materials (2004, Lawbook Co, Sydney)
  • Traves, S J Commercial Law, 2006 Lexis Nexis Butterworths, Australia
  • Students should also purchase a copy of LAWS2018 Supplementary Reading Materials from the UNSW Bookshop

Recommended
Refer to Course Outline provided 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.