Overview
This elective unit builds upon knowledge acquired in Contracts Law. Topics have been selected that are relevant first to the nature of specific legal relationships. These are bailments, sale of goods, business organisations and agency. Secondly topics have been selected that are relevant to the application of commercial rules. These are rules, mainly statutory, found in consumer protection, restrictive trade practices, credit law, electronic commerce and guarantees. Commercial law in legal practice essentially is about finding the correct solution to a specific legal problem. Currently and in the future this requires correct diagnosis and the primary purpose of this unit is to teach you the process of diagnosis, using the topics as common examples.
Details
Pre-requisites or Co-requisites
Prerequisite: 48 credit points of law units
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 2 - 2025
Attendance Requirements
All on-campus students are expected to attend scheduled classes - in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of 'pass' in order to pass the unit. If any 'pass/fail' tasks are shown in the table above they must also be completed successfully ('pass' grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the 'assessment task' section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University's Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Student evaluations
Students valued the clarity of learning materials
Retain learning materials, particularly the structure of short weekly lecture videos supplemented by weekly study guide and textbook readings
Feedback from Student evaluation
While the final exam outlined which weeks were potentially assessable, it could have been clearer that not all weeks' content needed discussion in the exam.
Improve clarity of written instructions for final exam
- Comprehend, identify and apply the fundamental concepts of domestic commercial law, including legal relationships, obligations, rights and remedies.
- Demonstrate skills in ascertaining facts relevant to diagnosing legal problems and developing answers to those commercial law problems.
- Demonstrate proficient legal research skills to accurately identify issues, critically evaluate case law and legislation, and compose solutions in respect of commercial law problems
N/A
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 1 - Practical Assessment - 50% | |||
| 2 - Take Home Exam - 50% | |||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 1 - Communication | |||
| 2 - Problem Solving | |||
| 3 - Critical Thinking | |||
| 4 - Information Literacy | |||
| 5 - Team Work | |||
| 6 - Information Technology Competence | |||
| 7 - Cross Cultural Competence | |||
| 8 - Ethical practice | |||
| 9 - Social Innovation | |||
| 10 - Aboriginal and Torres Strait Islander Cultures | |||
Textbooks
Australian Commercial Law
Edition: 35 (2024)
Authors: Clive Turner and John Trone
Thomson Reuters
Pyrmont Pyrmont , NSW , Australia
ISBN: 9780455248912
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Computer with webcam, microphone, speakers for invigilated exam
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
d.lococo2@cqu.edu.au
Module/Topic
Consumer Credit and Guarantees
Chapter
Clive Turner and John Trone, Australian Commercial Law, 35th edition (Thomson Reuters, 2024), Chapters 8 and 10.
Events and Submissions/Topic
Module/Topic
Personal Property
Chapter
Clive Turner and John Trone, Australian Commercial Law, 35th edition (Thomson Reuters, 2024) Chapter 1.
Events and Submissions/Topic
Module/Topic
Personal Property Securities Registration
Chapter
Clive Turner and John Trone, Australian Commercial Law, 35th edition (Thomson Reuters, 2024), Chapter 9.
Events and Submissions/Topic
Module/Topic
Intellectual Property
Chapter
Clive Turner and John Trone, Australian Commercial Law, 35th edition (Thomson Reuters, 2024), Chapter 16
Events and Submissions/Topic
Module/Topic
Insurance
Chapter
Clive Turner and John Trone, Australian Commercial Law, 35th edition (Thomson Reuters, 2024), Chapter 11.
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Assessment 1 - Written Assessment (50% weighting) - Due 11:45 pm, 22 August 2025 (Friday, Vacation Week)
Assessment 1 Due: Vacation Week Friday (22 Aug 2025) 11:45 pm AEST
Module/Topic
Business Organisations
Chapter
Study Guide, Week 7.
Events and Submissions/Topic
Module/Topic
Agency and Bailment
Chapter
Clive Turner and John Trone, Australian Commercial Law, 35th edition (Thomson Reuters, 2024), Chapters 2 and 5.
Events and Submissions/Topic
Module/Topic
Electronic Commerce and Privacy
Chapter
Clive Turner and John Trone, Australian Commercial Law, 35th edition (Thomson Reuters, 2024), Chapter 15.
Study Guide, Week 8
Events and Submissions/Topic
Module/Topic
Sale of Goods
Chapter
Clive Turner and John Trone, Australian Commercial Law, 35th edition (Thomson Reuters, 2024), Chapter 3
Events and Submissions/Topic
Module/Topic
Consumer Law
Chapter
Clive Turner and John Trone, Australian Commercial Protection, 35th edition (Thomson Reuters, 2024), Chapter 6
Events and Submissions/Topic
Module/Topic
Competition Law
Chapter
Clive Turner and John Trone, Australian Commercial Law, 35th edition (Thomson Reuters, 2024), Chapter 17
Events and Submissions/Topic
Module/Topic
Bankruptcy
Exam preparation
Chapter
Clive Turner and John Trone, Australian Commercial Law, 35th edition (Thomson Reuters, 2024), Chapter 17.
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Assessment 2 - Take Home Exam (50% weighting) - Release and due dates not yet scheduled.
1 Practical Assessment
Assessment One is designed to test your ability to diagnose legal relationships in the context of the commercial law concepts relevant to Weeks 1 to 5 (inclusive). At the start of Week 5, the assessment will be posted on Moodle. Each student will prepare a letter of advice regarding legal problems during Week 5 and the Vacation Week, and the task is due at the end of the Vacation Week. This timeframe is deliberately tight and is designed to simulate providing timely advice to a client in a commercial practice setting. The maximum word count is 1200, excluding references.
The assessment is in the form of advice to a specified client. You do not need to repeat the facts in the problem, except as they are relevant to a particular issue. Keep the IRAC or FILA method ('Facts-Issues-Law-Application) in mind, but do not use FILA in a formulaic way. You may advise what further investigations should be made. Complete advice should be alert to all possibilities.
Extensions of more than 14 days are not available for this assessment. Due to the need to provide prompt feedback to students and the content of feedback provided, submissions received after the assessment has been returned to students cannot be accepted for academic integrity reasons. Students seeking extensions beyond this timeframe will be required to undertake a different version of the assessment task.
This assessment requires students to adhere to the guidelines on the use of artificial intelligence tools as specified in the Artificial Intelligence Assessment Scale (AIAS). Any misuse or lack of disclosure regarding the use of AI tools will be considered a breach of academic integrity. The Level 3 GenAI scale is applicable for this assessment: AI Collaboration. You may use AI to assist with specific tasks, such as drafting text, refining, and evaluating your work. You must critically evaluate and modify any AI-generated content you use.
Vacation Week Friday (22 Aug 2025) 11:45 pm AEST
Vacation Week Friday (22 Aug 2025)
Estimated return timing is two weeks.
1. Demonstrate a sound understanding of commercial law concepts relevant to Weeks 1 to 5 (inclusive).
2. Demonstrate an ability to identify and address the particular matters of fact and law raised in the set topics.
3. Demonstrate sound skills in ascertaining facts.
4. Demonstrate proficient legal research skills to accurately identify issues and compose solutions in respect of commercial law problems.
5. Demonstrate an ability to critically evaluate case law and legislation in constructing coherent, logical and creative answers to commercial law problems, including in identifying legal relationships, obligations, rights and remedies.
6. Apply appropriate and professional written language skills.
7. Demonstrate clear skills in legal analysis, problem solving and critical thinking.
- Comprehend, identify and apply the fundamental concepts of domestic commercial law, including legal relationships, obligations, rights and remedies.
- Demonstrate skills in ascertaining facts relevant to diagnosing legal problems and developing answers to those commercial law problems.
- Demonstrate proficient legal research skills to accurately identify issues, critically evaluate case law and legislation, and compose solutions in respect of commercial law problems
2 Take Home Exam
The final unit assessment is in the form of a take-home paper. The total word count for the assessment, excluding references, should not exceed 2000 words. There is no allowance beyond the word-count limit. Any text that exceeds the 2000-word count limit will not be marked.
The take-home exam is 2.5 hours (150 minutes) in duration. You must be available to take this exam, as extensions are not permitted. Submissions received after the due date and time will not be accepted.
The release and due dates for the take-home paper will be provided during the course.
Note that the following conditions apply to the take-home exam:
1. Take-home papers are for a 2.5-hour (150 minutes) duration only;
2. Submissions received after the deadline have passed will not be accepted and will be graded as zero;
3. This assessment must be submitted by the specified due date and time. Due to the nature of this task, the standard 72-hour grace period does not apply. We recognise that unexpected circumstances may arise, and encourage students to reach out as early as possible if they are experiencing difficulties, so that appropriate support or adjustments can be considered in line with university policy;
4. Accessibility adjustments apply to take-home papers; and
5. Exam conditions apply to take-home papers.
This assessment requires students to adhere to the guidelines on the use of artificial intelligence tools as specified in the Artificial Intelligence Assessment Scale (AIAS). Any misuse or lack of disclosure regarding the use of AI tools will be considered a breach of academic integrity. The NO AI scale applies to this assessment: You must not use AI at any point during the assessment. You must demonstrate your core skills and knowledge.
The release and due dates for the take-home paper will be provided during the course.
Estimated return timing is two weeks.
Students are assessed on their ability to demonstrate high-level thinking and writing skills, comprehend the relevant material, and provide a critical analysis and logical discussion of the relevant law. Marks will be given according to the following standards:
Fail
A student will have:
- used written expression that is poor and difficult to understand
- provided an answer that is poorly organised
- used referencing that is generally inadequate
- demonstrated a lack of familiarity with the legislation and/or case law
- failed to identify and address the relevant issues
- used reasoning and application that are poor
Pass
A student will have:
- made a conscientious attempt to address the topic and/or relevant issues
- shown evidence of having done and understood the required readings
- presented a reasonable argument to back up a conclusion
- demonstrated a reasonable level of spelling and grammatical usage
- used referencing that needs improvement
- failed to identify and address issues in more depth
Credit
A student will have:
- addressed the topic and/or relevant issues directly and adequately
- presented soundly based arguments and backed these up with reasons
- gone beyond description to analysis of key issues
- used the English language well
- shown evidence of having read widely
- demonstrated understanding of the readings
- used referencing that is satisfactory
Distinction
A student will have:
- met the above criteria for a credit
- demonstrated the attainment of a high degree of understanding of the concepts of the unit
- demonstrated deep insight into the application of knowledge and skills acquired to complex theoretical and practical situations
- used referencing correctly
- referred to all appropriate legislation and/or case law
High Distinction
A student will have:
- met the above criteria for a distinction
- demonstrated the attainment of an outstanding level of achievement regarding the learning outcomes of this unit
- demonstrated an interesting and/or original approach, idea or argument
- demonstrated mastery of the relevant referencing system
- ensured conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- ensured that references are made to the appropriate legislation and/or case law for particular issues
- Comprehend, identify and apply the fundamental concepts of domestic commercial law, including legal relationships, obligations, rights and remedies.
- Demonstrate skills in ascertaining facts relevant to diagnosing legal problems and developing answers to those commercial law problems.
- Demonstrate proficient legal research skills to accurately identify issues, critically evaluate case law and legislation, and compose solutions in respect of commercial law problems
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
