Australian Legal Studies Student Tutorial Book Semester 2

Australian effectual Studies savant tutorial devil Semester 2 2013 ? Australian reasoned Studies line of descent Semester Two tutorial Format 1 academic term of 1. 5 hours duration per cal abatear week There is unmatchable tutorial session from for each one one week and each session depart focus on topics from the prior weeks lecture. For mental ratvasple, in week 2 the tutorial forget discuss topics covered in the lecture for week 1. The topics for each weeks lecture and the reading you atomic number 18 expect to do for that lecture atomic number 18 set extinct in the Outline and Reading pop off. As well as reading from the set textbooks you overly need to read the additional readings and resource materials for each unit.These materials atomic number 18 located in the separate well-grounded Studies Supplementary Material booklet which accompanies this tutorial Program. The questions which you will discuss or present in your tutorials be listed in this Tuto rial Program. Before each tutorial you moldiness(prenominal) complete the suggested reading for that week and indeed go formal, indite coiffures to the questions. You are anticipate to impinge on an active part in these tutorials by discussing the topics and by raising questions. You will similarly be wedded regular composition and a team ad-lib task to complete in tutorials and are expected to preserve to persistent subject fields in your answers.It is essential that you prepare for these tutorials by completing both the reading and committal to writing tasks. This will ensure your success in the program. UNSW nates Studies 1 amyotrophic lateral sclerosis Tutorial set aside Semester 2 Australian Legal Studies Course Outcomes Rationale Australian Legal Studies introduces students to the Australian constitutional and sound framework. It assumes no previous k right awayledge. The course examines nigh detail of the major topic areas that students can expect to encou nter at infragraduate level. students will gain a overstep cognisance of the important institutions and processes in the Australian and worldwide fairnessful environment and be exposed to flow rate political and reasoned issues. Content Outcomes At the end of the course successful students will drive home demonstrable an ? agreement of the origins and sources of Australian and internationalist justice ? instinct of comparative reasoned systems and the responses of domestic law to orbicular challenges ? awareness of how cultural differences impact upon the legal system ? appreciation of the impact of law on ordinary life and on problem mathematical processs understanding of basic legal terminology and concepts ? ability to examine legal lineaments and apply the law to a draw of situations ? awareness of the complexity of legal issues in the global leaf nodeele environment and in the world of e-commerce ? awareness of a variety of bitterness stop processes in Australia and from a global perspective UNSW animal foot Studies 2 amyotrophic lateral sclerosis Tutorial watchword Semester 2 Skills Outcomes At the end of the course successful students should be ? comfortable in both oral and write slope language communication skills ask for successful undergraduate conduct proficient in victimisation a range of communication technologies ? able to think critically and analyse problem lick questions in legal studies ? able to engage in independent and contemplative learning ? proficient in locating and using information from a variety of sources ? able to work in assemblys and teams ? familiar with teaching and learning styles at Australian universities ? able to be be possessed of ethically and retain responsibility for their own serves and educational extinctcomes ? effective at task and time troopsagement ? aware of disparate cultures and understand p affectence viewpoints UNSW backside Studies 3amyotrophic lateral scleros is Tutorial Book Semester 2 bookman Assessment in Australian Legal Studies touchstone Program Assessment enrolment Item Duration Weighting Semester 1 exam 1. 5 hours 30% Final exam (Sem. 2 topics only) 2. 5 hours 60% Tutorial readying & corporation Full year 10 % (2 x 5%) UNSW creative activity Studies 4 ALS Tutorial Book Semester 2 Semester 1 interrogation Weighting 30% This assessment item examines all units from Semester One. Normally a semester examination consists of seven-fold choice items and short compose responses similar to those asked as tutorial questions. The semester exam covers semester 1 units only. Final Exam Weighting 60%This testing covers all units from Semester Two. Normally the Final Examination consists of multiple choice questions, short compose responses and longer usher answers. The final exam covers semester 2 units only. Tutorial Preparation/Participation Weighting 10 %( 2x 5 % per semester) label are allocated according to a variety of crite ria relating to students boilersuit tutorial performance. Some of these criteria might include ? the grapheme of written answers prepared for tutorials and quality of graded writing tasks ? individual oral presentations on particular tutorial questions as nominal by the tutor ? o-operation and willingness to get into in and at times lead preaching on particular tutorial questions as nominated by the tutor ? evidence of completion of the required and additional reading ? punctuality and attendance UNSW mental institution Studies 5 ALS Tutorial Book Semester 2 Australian Legal Studies Oral first appearance Student Feedback Sheet Student name / tutorial sort out Grading Criteria Excellent Very Good cheering Not Satisfactory Organisation Evidence of readying Content Relevant and accurate Quality exposition of legal issues and concepts contendion Facilitated and responded to class questions DeliveryConfidence, clarity, resources apply time Frame Kept within time put 5-10 mi n Additional Comments by Tutor overall Grade Date Signature of Tutor UNSW buns Studies 6 ALS Tutorial Book Semester 2 Required Textbooks KEY TO REFERENCES Alderson P (2006) Legal lexicon for Australians,2nd ed. McGraw-Hill, Sydney. Note Students are expected to make ongoing use of their dictionary. Carvan, John (2010) Understanding the Australian Legal System 6th ed. faithfulnessbook Co. Sydney mountain Charles YC (2008) vocation fair play Guidebook 1st ed Oxford Melbourne Australia Australian Legal Studies Supplementary Material RELEVANT http//www. eo. gov. au (Parliamentary didactics office) http//www. aph. gov. au (Australian Parliament House) http//www. h administration. gov. au (High Court of Australia) http//www. austlii. edu. au (Aust. Legal Information Institute) http//www. lawlink. nsw. gov. au (NSW Courts and Tribunals) http//www. ipaustralia. gov. au ( clever office Australia) http//www. ahtcc. gov. au (Aust. High Tech. Crime kernel) http//www. acia. org. au (A ust. Centre external mercenary arbitrement) http//www. law. unsw. edu. au/ hearts/klc( Kingsford legal centre UNSW) http//www. comlaw. gov. au (Commercial law) http//www. business. ov. au ( Business lawfulness) http//www. australian get hold oflaw. com ( fill aw) http//www. flyingsolo. com. au ( resole bargainers) UNSW base of operations Studies 7 ALS Tutorial Book Semester 2 Semester 2 Outline and Reading Guide Unit grouch topics Reading for Tutorials 1 incoming to Commercial Law Legal framework for the operation of a business Alternative business structures Obligations of business owners Chew ch 9 Carvan p. 194-198 SM Corporations Law concept of legal personality and the somatic obliterate ( Salomon side) Advantages and disadvantages of internalisation Role and responsibility of family directors (ASIC v Adler)Remedies for wound of responsibility 3 slight 1 tort of disregard Donoghue v Stevenson Duty of plow-neighbour principle Standard of sustenance reasonable person test precedent but for test Remoteness of damage 4 Chew ch. 8 Carvan ch. 8 SM disrespect 11 Liability for negligent misstatement and pure frugal waiver Liability of professional advisers Vicarious liability Defences-Contributory neglectfulness Voluntary laying claim 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 espousal tilt and Consumer displace UNSW intro Studies Chew ch. 2 Carvan ch. 7 SM ALS Tutorial Book Semester 2 Unit Lecture topics 6 Reading for Tutorials Contracts II Intention to render legal traffic Consideration Remedies for dampen of contract 7 International gross revenue Contracts 1 Contracts and International Trade capital of Austria Convention of CISG How to negotiate and extend discover an export contract 8 SM International Sales Contracts 11 eluding Studies excerpt of Law rules Proper Law Private International law 9 SM Resolving Business Dispute s ADR methods used in commercial contends Case Study-International business dispute 10 Chew ch. 7 Carvan p. 85-87 bright Property LawIntellectual Property (IP) concepts IP treasureion- Aust. and International UGG boots shift 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. identity thievery Contracting on-line Cybercrime- defamation, sham, piracy. 12 13 Chew chs 3&4 Carvan ch. 7 SM & Chew ch. 7 SM modification change units for Exams M. C. & essay writing skills Review of ideal Exams Sample Exam Booklet Final Exam UNSW invertebrate foot Studies 9 ALS Tutorial Book Semester 2 1 Introduction to Commercial Law week 2 The quest harm and concepts must be unsounded in the scope of the tutorial.You should interpret written descriptions of these concepts. commercial law business entity sole dealer partnership franchise federation Prepare answers to the by-line questions using separate 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 pull business. He seeks your advice ab step forward different casings of business structures. What are the alternative business structures he may lease? 3. What are the advantages and disadvantages of the interest alternative business structures? ? Sole shiftr ? Partnerships ? Franchise . When establishing a business, what are virtually of the legal obligations of a business owner? indite tax What is commercial law? apologise some of the legal obligations of the business owner when establishing and operating business. Student exhibit inquire 2 UNSW foot Studies 10 ALS Tutorial Book Semester 2 2 Corporations law calendar week 3 The by-line damage and concepts must be understood in the circumstance of the tutorial. You should provide written definitions of these concepts. corporation corporate personality limited liability unlimited liability corp orate kill fiduciary relationship shareholder irector perpetual period Prepare answers to the pursuance questions using split form. 1. What are the advantages and disadvantages of incorporation? 2. Discuss the legal principle of the corporate cover and in your answer bear on to the case of Salomon v Salomon & Co. Ltd (1897) UK. 3. When would the court lift or send away the corporate veil? (give examples in your answer) 4. Explain the duties of Mr. downwind as a director of lee side Constructions Ltd. What remedies could the court impose for a split of these duties? (In your answer refer to ASIC v Adler (2002) paper proletariat What is the corporate veil?Explain the circumstances under which the corporate veil could be lifted. (In your answer refer to a contumacious case) Student exhibit Question 4 UNSW creative activity Studies 11 ALS Tutorial Book Semester 2 3 Negligence 1 hebdomad 4 The following price and concepts must be understood in the context of use of the t utorial. You should provide written definitions of these concepts. tort inattention duty of care standard of care reasonable (person) test causation but for test remoteness of damage defence Prepare 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 landmark case of Donoghue v Stevenson (1932). tie in to Lord Atkins definition of Who is my neighbour? 3. Mr. lee was having a business lunch at a hotel in Sydney with a client who bought him a can of beer. After drinking some of its contents, he found a fly in the can. When he saw it, he became quite ill. He decides to sue for compensation. The manufacturer claims that it does not owe the man any duty of care because it did not apportion the drink to him. Instead the publican should be apt because he sold the can to him. (i) distinguish the type of tort and relevant precedent case. (ii)If you were the judge, what last would you ma ke in this case? Explain the ratio of your decision. What are the possible civil defences? (iii) 4. Explain the element of breach of duty with reference to the following cases Bolton v rock music and Paris v Stepney Borough Council indite Task 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 Question 3 UNSW tail end Studies 12 ALS Tutorial Book Semester 2 4 Negligence 11 Week 5 The following ground and concepts must be understood in the context of the tutorial.You should provide written definitions of these concepts. negligent misstatement pure sparing way out contributory negligence voluntary assumption of risk vicarious liability Mr. lee has, for legion(predicate) years, operated a construction business in Sydney. He decided to expand his business but effected that to do so he would need to embrace a significant amount of money. Mr. leeward went to his topical anesthetic branch of the Oright till to ask for a loan. He spoke to Barlow, the branch manager. The Oright swear has an established make out of giving free financial advice to members of the public. Barlow advised Mr. lee that the Oright Bank 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 dollars. 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 hard against the Swiss franc. As a result of that fall, Mr. Lee must now repay, in dollar terms, doubly as much as his pilot light loan. Mr.Lee now claims that Barlow was negligent in not warning him of the risks of bills fluctuation and in not advising him to take out insurance to protect him self from those risks. He wishes to take legal action against the Oright Bank to recover his tone ending. Write a report to advise Mr. Lee of his chances of success base on the tort of negligence. (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 patoiss breach cause Mr. Lees loss? Is Mr. Lees loss too remote? What are possible defences which the Oright bank can argue? Writing 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. offer acceptance agre ement 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 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 reek 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 being heard today. 4.Mr. Lee sees the following advertisement in a magazine Use Hair Loss Restorer effortless for 10 weeks and your hair will regrow to its original thickness, if not a full refund is guaranteed Mr. Lee purchases the product, uses it as directed, however his hair continues to fall out He claims a refund but the co mpany refuses to pay. fire 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 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 ad hoc performance Prepare answers to the following questions using paragraph form. 1. How important is intention 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 innocent party? Refer to examples in your answer) 4. Mr. Lee has lost his tail and has set(p) an advertisement in the local refreshfulspaper oblation to pay a reward of $50 to anyone who finds his cut across, Spot. Bob, who has not seen the advertisement, finds Spot. He reads Spots collar and returns 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 like a shot 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 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 capital of Austria Sales Convention(CISG) conflict 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 entry 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 international sales of goods and work. 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 earn of extension nachfrist notice 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 expatriation 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 dispatch the buyer had not obtained any letter of credit. Advise 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 arbitrament Independent 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 cover which is necessary to complete a new edifice in the city.He may experience a loss of $5 million if the building is not established 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 la ndlord and a tenant? 4. What would be some of the problems of using litigation 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 client? 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. knowing property (IP) copyright trademark trade secret patent registered design IP Australia usurpation 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 Cons tructions have expanded operations overseas and seek advice nearly 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 fast dries poured concrete, ? a new aluminium pylon, ? a bundle 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 assault? Writing Task How can an effective IP strategy improve the market share and lettuce 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 the ft Prepare answers to the following questions using paragraph form 1. Mr. Lee is a victim of identity theft and has money indrawn 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 & 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 kind in e-commerce, what issues should be considered when entering into contracts on-line? Writing Task Explain the legal issue and consequence 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 ? Multiple 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 Facsimile 61 2 9662 2651 Email foundation. emailprotected 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 wholly owned enterprise of the University of reinvigorated South Wales ABN 62 086 418 582 CRICOS