This course is designed to give students an understanding of the key areas of commercial law and how they relate to each other. The course offers students an opportunity to examine certain areas of commercial law in detail. The focus is on the idea of personal property, which forms the basis of all commercial law. The course will focus on concepts of bailment, agency and then deal with the complex provisions dealing with sale of goods. It is suitable for those students who want an overview of commercial law as well as those who want to bring themselves up to date with recent developments in this field.

Anchored in the sale of goods, the course covers a range of issues including the law relating to the transfer of property rights under a contract of sale, the delivery of goods, the various remedies available.

The course will also look at the new personal property securities regime due to its importance to commercial law and impact in sale. Areas that are dealt with in greater detail in other courses (such as dispute resolution), will only be touched on in this course.

 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Identify, explain and demonstrate detailed knowledge and understanding of the theoretical principles and law relating to, for example,  concepts of bailment, agency, sale of goods and person property securities;
2. Identify, analyse and critically examine the principles and policies underlying the development of, and regulatory aspects of, commercial law in its application in business and society;
3. Design, evaluate and apply principles to solve complex commercial law problems; and
4. Plan, design and execute a substantial research project that identifies, critically examines and communicates solutions to complex practical problems, demonstrating relevant research principles and techniques.
   

Research-Led Teaching

This course aims at giving students a balance of theoretical and historical background and practical core skills. The distinctive elements of the course which facilitate student engagement with research include:

• Research informed learning through a comprehensive introduction to a wide range of contemporary knowledge in commercial law, particularly in relation to the design of regulatory systems in commercial law and the intersection with common law and equity;
• An application of critical theories to explain various areas of commercial law;
• Student-led independent research to analyse and synthesise an area of commercial law through concepts covered in the course.

Required Resources

A reading guide will be available on the Wattle site which specifies recommended readings.

The required readings are found in the prescribed text.

The prescribed text for this course is Gail Pearson, Elisabeth Peden, GJ Tolhurst , Jeannie Paterson, Sheelagh McCracken, Anne McNaughton, Ryan Catterwell, Allison Silink, Commercial law: commentary and materials (Fourth edition, Lawbook Co, 2019). This text is available as an e-book through the ANU library .

It is also available at Harry Hartog on the Australian National University campus.

Recommended Resources

It is recommended that students download a copy of the Sale of Goods Act 1923 (NSW) (we use this because it is referred to in the prescribed text, but the States and Territories have substantively similar legislation) and the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (which can be found in volume 3 of the downloadable Act).

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of Grades Policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website (https://www.anu.edu.au/students/academic-skills/academic-integrity ) provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide (https://libguides.anu.edu.au/generative-ai ) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills ) provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct ) provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Topic 1: Introduction, Bailment and Agency	This topic will be covered 3pm - 5pm, 5, 12 & 19 July 2024
2	Topic 2: Sale of Goods (key concepts and transfer of property)	This topic will be covered on 26 July & 7 August 2024
3	Topic 3: Personal Property Securities Act 2009 (Cth),	This topic will be covered 9am - 5pm, 7 August 2024
4	Topic 4: Contract Terms and Modifications	This topic will be covered 9am - 5pm, 8 August 2024
5	Course wrap up and assessment discussion	9am -12pm, 9 August 2024

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Optional Quiz 1	0 %	08/08/2024	08/08/2024	1
Optional Quiz 2	0 %	09/08/2024	09/08/2024	1
Case Note	40 %	03/09/2024	10/09/2024	1,2,3
Research Essay	60 %	05/09/2024	01/10/2024	2,4

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Examination(s)

There is no final examination for this course.

Assessment Task 1

Optional Quiz 1

Details of Task: Optional multiple choice online quiz to be taken on Wattle. The quiz will cover topics Introduction and key concepts, Bailment, Agency, Sale of Goods.

Nature of Task: Optional. This assessment task is designed to give students an opportunity to receive feedback on their progress in the course.

Weighting: 0%

Release: 5pm, Wednesday 7 August 2024

Due Date: 9am, Thursday 8 August 2024. Due to the nature of the quiz, no time adjustments or extensions shall be applied for this task.

Assessment Task 2

Optional Quiz 2

Details of Task: Optional multiple choice online quiz to be taken on Wattle. The quiz will cover topics Personal Property Securities Act 2009 and Terms of the Contract and Modifications.

Nature of Task: Optional. This assessment task is designed to give students an opportunity to receive feedback on their progress in the course.

Weighting: 0%

Release: 5pm, Thursday 8 August 2024.

Due Date: 9am, Friday 9 August 2024. Due to the nature of the quiz, no time adjustments or extensions shall be applied for this task.

Assessment Task 3

Case Note

Details of Task: Prepare a case note.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 40%

Word limit: 2,500 words excluding footnotes. Any substantive content in footnotes will not be marked. The word length must be set out clearly at the end of the final page of your paper. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Release: 12pm, Tuesday 20 August 2024

Due date: 5 pm, Tuesday 3 September 2024. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated Return Date: 10 September 2024

Assessment Criteria: An assessment rubric will be available in Wattle.

Assessment Task 4

Research Essay

Details of Task: Research essay.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 60%

Word limit: 3,500 words excluding footnotes. Any substantive content in footnotes will not be marked. The word length must be set out clearly at the end of the final page of your paper. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Release: Students are encouraged to devise their own choice of topic subject to approval by the convenor, but topics can be provided on request. Students must settle their topic with the convenor by 9 August 2024.

Due date: 5pm,Thursday 5 September 2024. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated Return Date: 1 October 2024.

Assessment Criteria: An assessment rubric will be available in Wattle.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for test or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Accessibility for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students