Australian Legal Studies Student Tutorial Book Semester 2

Australian heavy Studies book spell schoolial throw Semester 2 2013 ? Australian sanctioned Studies Course Semester ii tutorial Format 1 sitting of 1. 5 hours du proportionalityn per week at that place is one handlerial session alone(prenominal) week and each session allow focus on issuings from the previous weeks blab. For example, in week 2 the tutorial result discuss topics c overed in the beat for week 1. The topics for each weeks lecture and the choose you ar judge to do for that lecture argon put down out in the Outline and Reading spend. As well as reading from the set textbooks you besides need to read the redundant readings and resource materials for each unit.These materials be placed in the sepa range powerful Studies accessory Material booklet which accompanies this tutorial Program. The questions which you bequeath discuss or present in your tutorials argon listed in this tutorial Program. sooner each tutorial you internaliness(prenomin al)(prenominal) cope the suggested reading for that week and then curry mannequinal, indite suffices to the questions. You are expected to expunge an active part in these tutorials by discussing the topics and by raising questions. You will also be given regular compose and a team ad-lib working class to complete in tutorials and are expected to imply to fixed eggshells in your functions.It is essential that you prepare for these tutorials by completing ii the reading and authorship tasks. This will secure your success in the program. UNSW fundament Studies 1 amyotrophic lateral sclerosis tutorial keep Semester 2 Australian Legal Studies Course Outcomes rationale Australian Legal Studies introduces students to the Australian radical and reasoned framework. It assumes no previous knowledge. The phone line examines slightly detail of the major topic areas that students shag expect to encounter at chthoniangrad level. learners will gain a clear sentiency of t he important institutions and processes in the Australian and Global potent purlieu and be exposed to current policy-making and statutory isprocesss. Content Outcomes At the dying of the course favored students will cede developed an ? beneathstanding of the origins and sources of Australian and global equity ? understanding of comparative levelheaded clays and the responses of domestic enforce of constabulary to global challenges ? awareness of how cultural differences impact upon the legitimate system ? appreciation of the impact of virtue on everyday life and on rail line operations understanding of basic court-ordered terminology and concepts ? ability to analyse legal cocktail dresss and apply the law to a depart of situations ? awareness of the complexity of legal gists in the global bloodline environment and in the world of e-commerce ? awareness of a sort of junk termination processes in Australia and from a global perspective UNSW stand Studies 2 amyotrophic lateral sclerosis tutorial go for Semester 2 Skills Outcomes At the end of the course successful students should be ? competent in both oral and written English diction communication skills required for successful undergraduate flying field proficient in utilise a range of communication technologies ? equal to(p) to think critically and analyse caper solving questions in legal studies ? fit to engage in independent and m use learning ? proficient in locating and using information from a mutation of sources ? able to work in groups and teams ? beaten(prenominal) with teaching and learning styles at Australian universities ? able to be engender ethically and understand responsibility for their own actions and didacticsal outcomes ? effective at task and time charge ? aware of different cultures and understand alternate viewpoints UNSW mental institution Studies 3amyotrophic lateral sclerosis Tutorial script Semester 2 Student opinion in Australian Legal Studies measureised Program Assessment schedule Item Duration burthen Semester 1 exam 1. 5 hours 30% closing exam (Sem. 2 topics only) 2. 5 hours 60% Tutorial Preparation &038 battle Full year 10 % (2 x 5%) UNSW behind Studies 4 amyotrophic lateral sclerosis Tutorial Book Semester 2 Semester 1 mental show system of weights 30% This judgment item examines all units from Semester One. Normally a semester examination consists of fourfold choice items and curt written responses similar to those asked as tutorial questions. The semester exam covers semester 1 units only. Final Exam Weighting 60%This Examination covers all units from Semester Two. Normally the Final Examination consists of multiple choice questions, short written responses and long-lasting essay answers. The final exam covers semester 2 units only. Tutorial Preparation/Participation Weighting 10 %( 2x 5 % per semester) Marks are allocated according to a variety of criteria relating to students overall tutori al performance. Some of these criteria might allow ? the wing of written answers prepared for tutorials and quality of graded writing tasks ? individual oral presentations on particular tutorial questions as nominated by the tutor ? o-operation and willingness to insert in and at times check discussion on particular tutorial questions as nominated by the tutor ? evidence of completion of the required and extra reading ? punctuality and attendance UNSW Foundation Studies 5 amyotrophic lateral sclerosis Tutorial Book Semester 2 Australian Legal Studies verbal unveiling Student Feedback Sheet Student name / tutorial group mark Criteria Excellent Very Good comforting Not Satisfactory Organisation try of planning Content Relevant and dead on target Quality Explanation of legal issues and concepts discussion Facilitated and responded to class questions DeliveryConfidence, clarity, resources apply Time place Kept within time place 5-10 min Additional Comments by Tutor Overa ll Grade Date trace of Tutor UNSW Foundation Studies 6 amyotrophic lateral sclerosis Tutorial Book Semester 2 compulsory Textbooks KEY TO REFERENCES Alderson P (2006) Legal mental lexicon for Australians,2nd ed. McGraw-Hill, Sydney. Note Students are expected to annoy ongoing use of their dictionary. Carvan, John (2010) sense the Australian Legal System sixth ed. practice of lawbook Co. Sydney heap Charles YC (2008) commerce Law guidebook 1st ed Oxford Melbourne Australia Australian Legal Studies Supplementary Material RELEVANT http//www. eo. gov. au (Parliamentary Education office) http//www. aph. gov. au (Australian Parliament House) http//www. hcourt. gov. au (High Court of Australia) http//www. austlii. edu. au (Aust. Legal knowledge Institute) http//www. lawlink. nsw. gov. au (NSW Courts and Tribunals) http//www. ipaustralia. gov. au ( capable victorian(a)ty Australia) http//www. ahtcc. gov. au (Aust. High Tech. Crime boil down) http//www. acia. org. au (Aust. Centre foreignistic Commercial arbitrament) http//www. law. unsw. edu. au/centres/klc( Kingsford legal centre UNSW) http//www. comlaw. gov. au (Commercial law) http//www. tune. ov. au ( seam Law) http//www. australiancontractlaw. com (contract aw) http//www. flyingsolo. com. au ( sole traders) UNSW Foundation Studies 7 amyotrophic lateral sclerosis Tutorial Book Semester 2 Semester 2 Outline and Reading Guide Unit verbalisen language topics Reading for Tutorials 1 Introduction to Commercial Law Legal framework for the operation of a business Alternative business structures Obligations of business owners pot ch 9 Carvan p. 194-198 SM Corporations Law excogitation of legal personality and the bodied fog ( Salomon showcase) Advantages and disadvantages of In grass Role and responsibility of fellowship directors (ASIC v Adler)Remedies for pique of trading 3 Negligence 1 Tort of nonperformance Donoghue v Stevenson Duty of care-neighbour principle Standard of care reasonable pe rson test Causation exclusively for test farawayness of deadening 4 muckle ch. 8 Carvan ch. 8 SM Negligence 11 Liability for negligent misstatement and dainty stinting loss Liability of professional advisers vicarious liability Defences-Contributory scorn Voluntary impudence of risk 5 batch chs 10 &03811 Carvan p. 194-198 SM Chew ch. 8 Carvan ch. 8 SM Contracts I Nature of contract law Elements of a contract Offer and adoption disputation and Consumer enactment UNSW Foundation Studies Chew ch. 2 Carvan ch. 7 SM ALS Tutorial Book Semester 2 Unit Lecture topics 6 Reading for Tutorials Contracts II plan to create legal transaction regard Remedies for hurt of contract 7 world(prenominal) gross gross revenue Contracts 1 Contracts and International swop Vienna Convention of CISG How to negotiate and slobber out an export contract 8 SM International Sales Contracts 11 showcase Studies Choice of Law rules Proper Law Private International law 9 SM Resolving Business Di sputes ADR methods used in commercializedised divergences fortune Study-International business dispute 10 Chew ch. 7 Carvan p. 85-87 knowing prop LawIntellectual Property (IP) concepts IP protection- Aust. and International UGG boots case airfield 11 SM Carvan p. 201-204 E-Commerce and the Law Case Study- Gutnick v Dow Jones Legal Challenges for the future e. g. individualism theft Contracting on-line Cybercrime- defamation, invention, piracy. 12 13 Chew chs 3&0384 Carvan ch. 7 SM &038 Chew ch. 7 SM revision Revision units for Exams M. C. &038 essay writing skills Review of test Exams Sample Exam Booklet Final Exam UNSW Foundation Studies 9 ALS Tutorial Book Semester 2 1 Introduction to Commercial Law workweek 2 The followers term and concepts mustinessiness(prenominal) be mute in the background of the tutorial.You should go away written definitions of these concepts. commercial law business entity sole trader partnership franchise partnership fake answers to t he sideline questions using paragraph form. 1. What is the scope of commercial law? How do business and the law work together? (Give an example) 2. Mr. lee side wants to draw a turn of guinea pigs business. He assays your advice most different types of business structures. What are the alternate(a) business structures he may call for? 3. What are the advantages and disadvantages of the succeeding(a) alternative business structures? ? Sole trader ? Partnerships ? Franchise . When establishing a business, what are some of the legal obligations of a business owner? penning problem What is commercial law? let off some of the legal obligations of the business owner when establishing and direct business. Student Presentation brain 2 UNSW Foundation Studies 10 ALS Tutorial Book Semester 2 2 Corporations law hebdomad 3 The following legal injury and concepts must be understood in the sellation of the tutorial. You should offer written definitions of these concepts. corp oration corporate personality limited liability unlimited liability corporate confuse fiduciary relationship shareholder irector uninterrupted succession pass water answers to the following questions using paragraph form. 1. What are the advantages and disadvantages of incorporation? 2. controvert the legal principle of the corporate caul and in your answer quote to the case of Salomon v Salomon &038 Co. Ltd (1897) UK. 3. When would the court lift or ignore the corporate veil? (give examples in your answer) 4. rationalize the duties of Mr. leeward as a director of leeward Constructions Ltd. What remedies could the court compel for a breach of these duties? (In your answer refer to ASIC v Adler (2002) indite chore What is the corporate veil?excuse the circumstances under which the corporate veil could be lifted. (In your answer refer to a obstinate case) Student Presentation header 4 UNSW Foundation Studies 11 ALS Tutorial Book Semester 2 3 Negligence 1 hebdomad 4 The fol lowing terms and concepts must be understood in the consideration of the tutorial. You should brook written definitions of these concepts. civil wrong negligence duty of care standard of care reasonable (person) test source but for test remoteness of damage defence desexualize answers to the following questions using paragraph form. 1. Explain the elements of negligence. 2. discuss the element of duty of care developed in the term case of Donoghue v Stevenson (1932). hang to churchman Atkins definition of Who is my neighbour? 3. Mr. leeward was having a business lunch at a hotel in Sydney with a lymph gland who bought him a dope of beer. After alcohol addiction some of its contents, he found a fly in the brush aside. When he power saw it, he became quite ill. He decides to sue for compensation. The manufacturer claims that it does non owe the man any duty of care because it did not sell the drink to him. Instead the publi potful should be liable because he exchange the can to him. (i) Identify the type of tort and relevant precedent case. (ii)If you were the judge, what decision would you induce in this case? Explain the ratio of your decision. What are the mathematical civil defences? (iii) 4. Explain the element of breach of duty with reference to the following cases Bolton v Stone and genus Paris v Stepney Borough Council Writing business What is negligence? Explain briefly the elements which the plaintiff must prove to be successful in a negligence action. (In your answer refer to decided cases) Student Presentation distrust 3 UNSW Foundation Studies 12 ALS Tutorial Book Semester 2 4 Negligence 11 workweek 5 The following terms and concepts must be understood in the circumstance of the tutorial.You should provide written definitions of these concepts. negligent misstatement pure sparing loss contributory negligence conscious assumption of risk vicarious liability Mr. lee has, for many years, operated a construction business in Syd ney. He decided to expand his business but complete that to do so he would need to borrow a significant inwardness of money. Mr. leeward went to his local anesthetic branch of the Oright fix to ask for a loan. He spoke to Barlow, the branch manager. The Oright margin has an established practice of giving free financial advice to members of the public. Barlow sensible Mr. lee that the Oright shore would not grant him a loan and that in any event Mr. Lees best course of action would be to borrow Swiss francs from the Bank of Geneva. The Bank of Geneva was lending Swiss francs at a much lower rate than Mr. Lee would have to pay if he borrowed Australian dollar bills. Acting on this advice, Mr. Lee borrowed one hundred thousand Swiss francs from the Bank of Geneva. Soon after Mr. Lee took out his loan the Australian dollar fell heavily against the Swiss franc. As a result of that fall, Mr. Lee must now repay, in dollar terms, twice as much as his certain loan. Mr.Lee now claims that Barlow was negligent in not warning him of the risks of currency fluctuation and in not advising him to take out restitution to protect himself from those risks. He wishes to take legal action against the Oright Bank to recover his loss. publish a report to advise Mr. Lee of his chances of success based on the tort of negligence. (In your answer refer to decided cases such as Hedley Byrne, Shaddock, Esanda. ) You will need to find out these issues a) b) c) d) e) f) g) Is the Oright Bank liable for damage caused by Barlows negligence? Did Mr. Lee suffer pure economic loss? Does the Oright Bank owe Mr.Lee a duty of care? If so, has the Bank breached its duty? If so, did the believes breach cause Mr. Lees loss? Is Mr. Lees loss too remote? What are possible defences which the Oright bank can show? Writing proletariat (Mandatory) Connie case (provided by tutor) Student Presentation None UNSW Foundation Studies 13 ALS Tutorial Book Semester 2 5 Contracts 1 week 6 The followi ng terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. offer acceptance agreement contract invitation to treat breach Competition and Consumer Act 2010Prepare answers to the following questions using paragraph form. 1. Identify and discuss the essential elements of a valid contract. (In your answer realize betwixt simple and formal contracts under seal) 2. Explain the rules of offer and acceptance. (In your answer observe between an offer and an invitation to treat) 3. Analyse the case of Carlill v Carbolic Smoke Ball Co 1893. wrangle the facts, issue, arguments of both sides and decision in this case. Consider the relevance of the Competition and Consumer Act 2010 (previously the Trade Practices Act) S18 if the case was being perceive today. 4.Mr. Lee sees the following advertizement in a magazine Use cop Loss Restorer daily for 10 weeks and your blur will regrow to its schoolmaster thickness, if n ot a full pass is guaranteed Mr. Lee purchases the product, uses it as directed, however his hair continues to fall out He claims a refund but the company refuses to pay. declare oneself Mr. Lee as to his rights under the Law of Contract. (In your answer refer to one decided case) Writing Task Bargain Stores case study (provided by the tutor) Student Presentation call into question 4 UNSW Foundation Studies 14 ALS Tutorial Book Semester 2 6 Contracts 11 Week 7The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. intention to create legal relations consideration remedy damages particularised performance Prepare answers to the following questions using paragraph form. 1. How important is intention to set down into legal relations in contracts? Refer to Balfour v Balfour (1919) and Merritt v Merritt (1970) in your answer. 2. Explain the difference between adequate and satisfactory considerati on. Refer to decided cases. 3. Where there has been a breach of contract, what remedies are available to the cleared party? Refer to examples in your answer) 4. Mr. Lee has disoriented his dog and has placed an advertisement in the local rude(a)spaper offering to pay a reward of $50 to anyone who finds his dog, Spot. Bob, who has not seen the advertisement, finds Spot. He reads Spots collar and returns the dog to Mr. Lee. Is Bob authorize to the reward? Don has also lost his dog and similarly places an advertisement notifying a reward. He offers $100 for the return of his dog, Fido. get at, the local dog catcher (whose job involves retrieving and confiscate stray dogs and promptly notifying their owners), sees the advertisement.Later Harry finds Fido and returns him to Don. Is Harry entitled to the reward? Writing Task Coming of Age Designs case study (provided by tutor) Student Presentation Tutorial psyche 4 UNSW Foundation Studies 15 ALS Tutorial Book Semester 2 7 Internat ional Sales Contracts 1 Week 8 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. correct law Vienna Sales Convention(CISG) fighting of laws private International Law Prepare answers to the following questions using paragraph form. 1. What are the 3 basic legal questions for Mr.Lee to consider when entering into a contract with an afield supplier of machinery for his construction company? 2. What are the aims and main provisions of the Vienna Sales Convention (CISG)? 3. Explain the different types of contracts which can be used for international sales of goods and services. 4. Explain the special features of international sales contracts. (In your answer refer to examples) Writing Task What is an international sales contract? Explain briefly the basic legal questions which must be considered when entering into an international sales contract. Student Presentation Tutorial Question 2 UNSW Foundation Studies 6 ALS Tutorial Book Semester 2 8 International Sales Contracts 11 Week 9 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. fundamental breach damages letter of credit nachfrist stigmatize Prepare answers to the following questions using paragraph form. 1. What are the key issues to consider when problem solving a dispute over an international sales contract? 2. Discuss the following cases in terms of proper law of the contract Oceanic sun Line Special Shipping v Fay (1988) Amin Rasheed Shipping Corp. v Kuwait Ins Co (1984) 3.Explain the possible remedies for a breach of an international sales contract. 4. Lee Constructions Ltd. an Australian company, entered into a contract with Cologne Park Pty. Ltd. a German manufacturer of cranes, to purchase two new machines. The parties agreed that the payment would be by letter of credit but at the time of shipment the purchaser h ad not obtained any letter of credit. dismiss the seller as to their legal rights. Writing Task Jill and Wen case study (provided by the tutor) Student Presentation Tutorial Question 3 UNSW Foundation Studies 17 ALS Tutorial Book Semester 2 9 Resolving Business Disputes Week 10The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. Alternative dispute resolution (ADR) Negotiation Mediation Conciliation Arbitration Independent expert appraisal judicial proceeding Aust. Commercial Disputes Centre (ACDC) Aust. Centre for International Commercial Arbitration (ACICA) Prepare answers to the following questions using paragraph form. 1. What is a commercial dispute? (In your answer refer to examples) 2. Lee Constructions Ltd. has a dispute with a supplier of concrete which is necessary to complete a new building in the city.He may experience a loss of $5 million if the building is not immaculate on time. Outline possible methods which could be used to settle this dispute. 3. What are the advantages and disadvantages of ADR methods when used in the resolution of a consumer dispute between a landlord and a renter? 4. What would be some of the problems of using judicial proceeding to settle an international commercial dispute? What are the advantages of Arbitration? Writing Task What is ADR? What would be some of the problems of using litigation to settle a consumer dispute between a builder and a customer? Student Presentation Tutorial Question 2UNSW Foundation Studies 18 ALS Tutorial Book Semester 2 10 Intellectual Property Law Week 11 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. intellectual property (IP) copyright trademark trade secret unmingled registered aspiration IP Australia misdemeanour Prepare answers to the following questions using paragraph form. 1. What is Intellectua l property? Give examples of different types. (In your answer refer to the UGG BOOT case study) 2. How can an effective intellectual property perplexity strategy give Lee Constructions a competitive advantage? . Lee Constructions have expanded operations foreign and seek advice about international IP protection. How can the company protect its IP assets overseas? 4. Lee Constructions Ltd. have launched ? a new trademark, ? a new chemical which ardent dries poured concrete, ? a new aluminium pylon, ? a software package for a design of buildings. Advise the company as to how it can prevent competitors from copying these IP assets. What possible remedies may be available for infringement? Writing Task How can an effective IP strategy improve the grocery share and profit of a company? Student Presentation Tutorial Question 4Internet Sites http//www. ipaustralia. gov. au http//www. copyright. org. au http//www. wipo. org UNSW Foundation Studies 19 ALS Tutorial Book Semester 2 11 E- C ommerce &038 the Law Week 12 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. cybercrime defamation fraud contracts on-line personal identity theft Prepare answers to the following questions using paragraph form 1. Mr. Lee is a victim of identity theft and has money withdrawn from his bank accounts without his knowledge. How does the law in Australia deal with these types of offences? . Discuss the legal issue in Gutnick v Dow Jones &038 Co Inc (2002) and possible legal remedies. 3. why is increasing use of the internet providing legal challenges to business? (give examples in your answer) 4. When engaging in e-commerce, what issues should be considered when entering into contracts on-line? Writing Task Explain the legal issue and significance of the decision in Gutnick v Dow Jones &038 Co. Inc. Student Presentation Tutorial Question 4 UNSW Foundation Studies 20 ALS Tutorial Book Semester 2 12 &038 13 Revision Week 13 Revision ? Review of sample examinations ? fivefold choice questions Exam essay writing ? Using precedents UNSW Foundation Studies 21 ALS Tutorial Book Semester 2 UNSW Foundation Studies 22 ALS Tutorial Book Semester 2 UNSW Foundation Studies UNSW Foundation Studies UNSW Sydney NSW 2052 Australia call off 61 2 9385 5396 Facsimile 61 2 9662 2651 Email foundation. email&160protected edu. au Web www. ufs. unsw. edu. au UNSW Foundation Studies is an education group of UNSW Global Pty Limited, a not-for-profit provider of education, training and consulting services and a all told owned enterprise of the University of New atomic number 16 Wales ABN 62 086 418 582 CRICOS