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LAWS6018

Commercial Law

10 Units

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.

Faculty Faculty of Business and Law
School Newcastle Law School
Availability
Objectives

Upon successful completion of this 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 drafting contract terms that are used in legal practice in commercial transactions
  5. Accurately identify the relevant legal issues in a variety of hypothetical situations, and critically and accurately apply the principles learnt in the course to those situations
Content

The topics in this course include the following:

  1. Passing of property and risk – theories of property and ownership, power and the bargain.
  2. Risk and retention of title in the attempt to control ownership without possession.
  3. Personal Property Securities Act 2009 (Cth) and its overarching effect on security interests in goods
  4. Bailment
  5. The implication warranties and terms into contracts for the sale of goods including warranties of fitness for purpose and merchantable quality.
  6. Exclusion of contractual terms in business to business transactions
  7. Statutory guarantees and their limitation/exclusion in consumer transactions
  8. Product Safety and Product Liability
  9. Insurance
Replacing Course(s) na
Transition na
Industrial Experience 0
Assumed Knowledge LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6005.
Modes of Delivery Internal Mode
Teaching Methods Seminar
Assessment Items
  • Essays / Written Assignments - Research Paper
  • Online Learning Activities - Reflective blogs
  • Presentations - Individual - Presentation on Research
Contact Hours
  • Seminar: for 2 hour(s) per Week for Full Term
Course Materials None listed
Timetable 2014 Course Timetables for LAWS6018

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