Australian Legal Studies Student Tutorial Book Semester 2

Australian intelligent Studies Student tutorial concur Semester 2 2013 ? Australian Legal Studies Course Semester Two Tutorial Format 1 session of 1. 5 hours duration per week There is one tutorial session individually week and all(prenominal) session go forth focus on topics from the preceding weeks lecture. For example, in week 2 the tutorial will discuss topics cover in the lecture for week 1. The topics for each weeks lecture and the radiation diagram you be expected to do for that lecture ar set out in the Outline and Reading pull out. As well as reading from the set textbooks you also need to read the additional readings and resource materials for each unit.These materials atomic number 18 located in the sepa run Legal Studies Supplementary existent booklet which accompanies this Tutorial Program. The questions which you will discuss or present in your tutorials are listed in this Tutorial Program. Before each tutorial you moldiness complete the suggested reading f or that week and then prepare formal, compose serve wells to the questions. You are expected to take an active part in these tutorials by discussing the topics and by raising questions. You will also be dividen regular committal to constitution and a team oral t investigate to complete in tutorials and are expected to refer to decided casings in your answers.It is essential that you prepare for these tutorials by completing some(prenominal) the reading and writing tasks. This will ensure your achiever in the program. UNSW moreovertocks Studies 1 amyotrophic lateral sclerosis Tutorial have Semester 2 Australian Legal Studies Course Outcomes Rationale Australian Legal Studies introduces students to the Australian constitutional and levelheaded framework. It assumes no previous knowledge. The crinkle examines some circumstance of the major topic areas that students post expect to encounter at undergrad level.Students will gain a clear ken of the important institutions and processes in the Australian and Global legal environment and be exposed to present-day(prenominal) political and legal issues. Content Outcomes At the end of the course booming students will have developed an ? understanding of the origins and sources of Australian and planetary natural truth ? understanding of comparative legal systems and the responses of domestic jurisprudence to global challenges ? awareness of how cultural differences impact upon the legal system ? appreciation of the impact of honor on everyday life and on stage crease operations understanding of basic legal terminology and concepts ? ability to analyse legal moorages and hold the law to a rove of situations ? awareness of the complexity of legal issues in the global line of vexation environment and in the world of e-commerce ? awareness of a form of challenge root processes in Australia and from a global billet UNSW mental hospital Studies 2 amyotrophic lateral sclerosis Tutorial volu me Semester 2 Skills Outcomes At the end of the course lucky students should be ? competent in both oral and create verbally English language communication skills required for successful undergraduate study proficient in exploitation a range of communication technologies ? able to think critically and analyse problem solve questions in legal studies ? able to engage in independent and meditative training ? proficient in locating and use information from a variety of sources ? able to work in multitudes and teams ? familiar with teaching and learning styles at Australian universities ? able to behave ethically and take responsibleness for their own actions and educational outcomes ? effective at task and time caution ? aware of different cultures and understand alternative viewpoints UNSW tail end Studies 3ALS Tutorial adjudge Semester 2 Student Assessment in Australian Legal Studies beat Program Assessment schedule Item Duration weight down Semester 1 exam 1. 5 hours 3 0% lowest exam (Sem. 2 topics only) 2. 5 hours 60% Tutorial Preparation & Participation Full year 10 % (2 x 5%) UNSW butt Studies 4 ALS Tutorial sacred scripture Semester 2 Semester 1 tryout Weighting 30% This assessment gunpoint examines all units from Semester One. Normally a semester examination consists of multiple choice items and ill- enumerateed indite responses similar to those asked as tutorial questions. The semester exam covers semester 1 units only. final exam Exam Weighting 60%This Examination covers all units from Semester Two. Normally the Final Examination consists of multiple choice questions, short written responses and longer strive 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 tutorial performance. Some of these criteria might include ? the quality of written answers prepared for tutorials and quality of graded writing tasks ? individual oral presentations on concomitant tutorial questions as nominated by the tutor ? o-operation and willingness to get in in and at times lead discussion on particular tutorial questions as nominated by the tutor ? evidence of result of the required and additional reading ? punctuality and attendance UNSW institution Studies 5 ALS Tutorial Book Semester 2 Australian Legal Studies oral examination initiation Student Feedback Sheet Student name / tutorial group Grading Criteria Excellent Very Good tolerable Not Satisfactory Organisation Evidence of planning Content Relevant and accurate fiber Explanation of legal issues and concepts Discussion Facilitated and responded to class questions DeliveryConfidence, clarity, resources used Time border Kept within time limit 5-10 min Additional Comments by Tutor Overall Grade Date Signature of Tutor UNSW Foundation Studies 6 ALS Tutorial Book Semester 2 Required Textbooks chance upon TO REFERE NCES Alderson P (2006) Legal Dictionary for Australians,2nd ed. McGraw-Hill, Sydney. Note Students are expected to flip ongoing use of their dictionary. Carvan, John (2010) Understanding the Australian Legal arrangement 6th ed. practice of lawbook Co. Sydney confab Charles YC (2008) dividing line right Guidebook 1st ed Oxford Melbourne Australia Australian Legal Studies Supplementary Material RELEVANT http//www. eo. gov. au (Parliamentary gentility office) http//www. aph. gov. au (Australian Parliament House) http//www. h beg. gov. au (High Court of Australia) http//www. austlii. edu. au (Aust. Legal education Institute) http//www. lawlink. nsw. gov. au (NSW Courts and Tribunals) http//www. ipaustralia. gov. au (mind Property Australia) http//www. ahtcc. gov. au (Aust. High Tech. Crime Centre) http//www. acia. org. au (Aust. Centre planetary Commercial Arbitration) http//www. law. unsw. edu. au/centres/klc( Kingsford legal centre UNSW) http//www. comlaw. gov. au (Commercial law) http//www. business. ov. au ( Business Law) http//www. australiancontractlaw. com (contract aw) http//www. flyingsolo. com. au ( sole traders) UNSW Foundation Studies 7 ALS Tutorial Book Semester 2 Semester 2 Outline and Reading Guide Unit Lecture topics Reading for Tutorials 1 Introduction to Commercial Law Legal framework for the operation of a business substitute business structures Obligations of business owners Chew ch 9 Carvan p. 194-198 SM Corporations Law Concept of legal reputation and the corporeal embryonic membrane ( Salomon case) Advantages and disadvantages of Incorporation Role and responsibility of federation directors (ASIC v Adler)Remedies for ravish of duty 3 Negligence 1 civil wrong of default Donoghue v Stevenson Duty of aid-neighbour principle Standard of care middling person test Causation hardly for test Remoteness of hurt 4 Chew ch. 8 Carvan ch. 8 SM Negligence 11 Liability for negligent misstatement and pure economic loss Liability of master key advisers Vicarious liability Defences-Contributory disregard Voluntary assurance of risk 5 Chew chs 10 &11 Carvan p. 194-198 SM Chew ch. 8 Carvan ch. 8 SM Contracts I Nature of contract law Elements of a contract Offer and acceptance Competition and Consumer Act UNSW Foundation Studies Chew ch. 2 Carvan ch. 7 SM ALS Tutorial Book Semester 2 Unit Lecture topics 6 Reading for Tutorials Contracts II Intention to pass water legal relations Consideration Remedies for breach of contract 7 worldwide Sales Contracts 1 Contracts and outside(a) Trade Vienna Convention of CISG How to pull off and carry out an export contract 8 SM International Sales Contracts 11 Case Studies Choice of Law rules Proper Law Private International law 9 SM Resolving Business Disputes ADR methods used in mer pottile departures Case Study-International business dispute 10 Chew ch. 7 Carvan p. 85-87 intellectual Property LawIntellectual Property (IP) concepts IP treasureion- Aust. and Internation al UGG boots case study 11 SM Carvan p. 201-204 E-Commerce and the Law Case Study- Gutnick v Dow Jones Legal Challenges for the future e. g. indistinguishability theft Contracting on-line Cybercrime- defamation, fraud, piracy. 12 13 Chew chs 3&4 Carvan ch. 7 SM & Chew ch. 7 SM Revision Revision units for Exams M. C. & essay writing skills Review of Sample Exams Sample Exam Booklet Final Exam UNSW Foundation Studies 9 ALS Tutorial Book Semester 2 1 Introduction to Commercial Law Week 2 The chase legal injury and concepts moldiness be mum in the stage setting of the tutorial.You should deliver the goods written definitions of these concepts. commercial law business entity sole trader partnership exemption comp whatever Prepare answers to the hobby questions apply divide form. 1. What is the scope of commercial law? How do business and the law work together? (Give an example) 2. Mr. lee wants to establish a mental synthesis business. He seeks your advice about different fi ctional characters of business structures. What are the alternative business structures he may consider? 3. What are the advantages and disadvantages of the hobby alternative business structures? ? Sole trader ? Partnerships ? Franchise . When establishing a business, what are some of the legal obligations of a business owner? musical composition labour What is commercial law? inform some of the legal obligations of the business owner when establishing and operating business. Student first appearance dubiousness 2 UNSW Foundation Studies 10 ALS Tutorial Book Semester 2 2 Corporations law Week 3 The following hurt and concepts mustinessiness be unders alsod in the context of the tutorial. You should run written definitions of these concepts. corporation corporate personality limited liability unlimited liability corporate veil fiducial relationship shareholder irector perpetual succession Prepare answers to the following questions using paragraph form. 1. What are the adva ntages and disadvantages of incorporation? 2. Discuss the legal principle of the corporate veil and in your answer refer to the case of Salomon v Salomon & Co. Ltd (1897) UK. 3. When would the court lift or ignore the corporate veil? (give examples in your answer) 4. Explain the duties of Mr. Lee as a director of Lee Constructions Ltd. What remedies could the court inflict for a breach of these duties? (In your answer refer to ASIC v Adler (2002) pen Task What is the corporate veil?Explain the circumstances under which the corporate veil could be lifted. (In your answer refer to a decided case) Student Presentation incredulity 4 UNSW Foundation Studies 11 ALS Tutorial Book Semester 2 3 Negligence 1 Week 4 The following terms and concepts must be soundless in the context of the tutorial. You should provide written definitions of these concepts. tort negligence duty of care standard of care reasonable (person) test causation but for test remoteness of trauma defence Prepare answe rs to the following questions using paragraph form. 1. Explain the members of negligence. 2.Discuss the chemical element of duty of care developed in the landmark case of Donoghue v Stevenson (1932). elevate to Lord Atkins definition of Who is my neighbour? 3. Mr. Lee was having a business lunch at a hotel in Sydney with a leaf node who bought him a piece of ass of beer. After drinking some of its contents, he instal a fly in the can. When he saw it, he became instead ill. He decides to sue for compensation. The manufacturer claims that it does not owe the man any duty of care be social movement it did not sell the drink to him. Instead the publican should be liable because he sold the can to him. (i) Identify the type of tort and relevant precedent case. (ii)If you were the judge, what decision would you make in this case? Explain the ratio of your decision. What are the feasible civil defences? (iii) 4. Explain the element of breach of duty with reference to the following cases Bolton v Stone and capital of France v Stepney Borough Council create verbally Task What is negligence? Explain briefly the elements which the complainant must prove to be successful in a negligence action. (In your answer refer to decided cases) Student Presentation Question 3 UNSW Foundation Studies 12 ALS Tutorial Book Semester 2 4 Negligence 11 Week 5 The following terms and concepts must be understood in the context of the tutorial.You should provide written definitions of these concepts. negligent misstatement pure economic loss contributory negligence voluntary assumption of risk vicarious liability Mr. Lee has, for many years, operated a construction business in Sydney. He decided to expand his business but realised that to do so he would need to borrow a significant amount of money. Mr. Lee went to his local branch of the Oright Bank to ask for a loan. He spoke to Barlow, the branch manager. The Oright Bank has an established practice of giving free financial advic e to members of the public. Barlow advised Mr.Lee that the Oright Bank would not yielding 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 dollars. Acting on this advice, Mr. Lee borrowed one hundred thousand Swiss francs from the Bank of Geneva. concisely after Mr. Lee took out his loan the Australian dollar trim heavily against the Swiss franc. As a result of that fall, Mr. Lee must now repay, in dollar terms, twice as much as his original 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 insurance to protect himself from those risks. He wishes to take legal action against the Oright Bank to recover his loss. deliver a report to advise Mr. Lee of his chances of success based on the tort of negli gence. (In your answer refer to decided cases such as Hedley Byrne, Shaddock, Esanda. ) You will need to consider 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 banks breach cause Mr. Lees loss? Is Mr. Lees loss too remote? What are accomplishable defences which the Oright bank can argue? makeup Task (Mandatory) Connie case (provided by tutor) Student Presentation None UNSW Foundation Studies 13 ALS Tutorial Book Semester 2 5 Contracts 1 Week 6 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. plead acceptance symmetricalness contract invitation to treat breach Competition and Consumer Act 2010Prepare answers to the following questions using paragraph form. 1. Identify and discuss the essential el ements of a valid contract. (In your answer distinguish between simple and formal contracts under seal) 2. Explain the rules of offer and acceptance. (In your answer distinguish between an offer and an invitation to treat) 3. Analyse the case of Carlill v Carbolic Smoke Ball Co 1893. Discuss 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 cosmos heard today. 4.Mr. Lee sees the following advertisement in a time Use Hair Loss Restorer daily for 10 weeks and your tomentum cerebri will regrow to its original thickness, if not a full turn back 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. apprise 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 (provi ded by the tutor) Student Presentation 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. heading to create legal relations consideration remedy damages unique(predicate) performance Prepare answers to the following questions using paragraph form. 1. How important is role to enter 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 sufficient consideration. Refer to decided cases. 3. Where there has been a breach of contract, what remedies are available to the costless party? Refer to examples in your answer) 4. Mr. Lee has befogged his dog and has move an advertisement in the local refreshfulspaper offering to pay a reward of $50 to anyone who finds his dog, Spot. Bob, who has not seen the ad vertisement, finds Spot. He reads Spots ternary and flows the dog to Mr. Lee. Is Bob entitled 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. Harry, the local dog catcher (whose job involves retrieving and impounding stray dogs and rapidly notifying their owners), sees the advertisement.Later Harry finds Fido and returns him to Don. Is Harry entitled to the reward? Writing Task orgasm of Age Designs case study (provided by tutor) Student Presentation Tutorial Question 4 UNSW Foundation Studies 15 ALS Tutorial Book Semester 2 7 International 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. proper law Vienna Sales Convention(CISG) involution 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 overseas 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 internationalist gross 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 garner of credit nachfrist bank note 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 workable remedies for a breach of an international sales contract. 4. Lee Constructions Ltd. an Australian company, entered into a contract with eau de cologne Park Pty. Ltd. a German manufacturer of cranes, to purchase two cutting machines. The parties agreed that the payment would be by letter of credit but at the time of shipment the buyer had not obtained any letter of credit. Advise the seller as to their legal rights. Writing Task Jill and sebaceous cyst 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 unders tood in the context of the tutorial. You should provide written definitions of these concepts. Alternative dispute resolution (ADR) Negotiation Mediation Conciliation Arbitration separate expert appraisal Litigation 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 revolutionary building in the city.He may experience a loss of $5 million if the building is not completed 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 tenant? 4. What would be some of the problems of using litigation to settle an international commercial dispute? What are t he 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 detergent 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 patent registered conception IP Australia infringement Prepare answers to the following questions using paragraph form. 1. What is Intellectual property? Give examples of different types. (In your answer refer to the UGG BOOT case study) 2. How can an effective intellectual property management strategy give Lee Constructions a competitive advantage? . Lee Constructions have expand operations overseas and seek advice about international IP protection. How can the company p rotect its IP assets overseas? 4. Lee Constructions Ltd. have launched ? a new trademark, ? a new chemical which quick 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 market share and meshing 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- Commerce & 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 identity theft Prepare answers to the following questions using paragraph form 1. Mr. Lee is a victim of identity theft and h as money withdrawn from his bank accounts without his knowledge. How does the law in Australia channel with these types of offences? . Discuss the legal issue in Gutnick v Dow Jones & 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 & Co. Inc. Student Presentation Tutorial Question 4 UNSW Foundation Studies 20 ALS Tutorial Book Semester 2 12 & 13 Revision Week 13 Revision ? Review of sample examinations ? quadruplex 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 Telephone 61 2 9385 5396 Fa csimile 61 2 9662 2651 Email foundation. emailprotected edu. au blade 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 wholly owned enterprise of the University of sensitive South Wales ABN 62 086 418 582 CRICOS