School of Accounting & Finance

AF108 Introduction to Law for Commerce Semester 1, 2014 Face-to-Face, Laucala Campus Course Coordinator:
Name: Phone: Email: Room: Consultation hours: Krishn Shah 3232539 krishn.shah@usp.ac.fj s214 Monday 2-5pm

Prerequisites
None

Lecture and tutorial times and venue:

AF108 Lectures: Tuesday Wednesday 9:00 am 10.00 am 5.00 pm 7.00 pm 092-003 092-001

AF108 Tutorials: These will be advised.

Course Overview
The Course Introduction to Law for Commerce AF108 aims to assist you to formulate an appreciation of the legal framework in which commerce operates, and it will also assist you to broaden your knowledge of the legal systems. The law may seem a remote and irrelevant subject in commerce, something best left for lawyers, however, a basic knowledge of the law can assist business people to avoid costly legal proceedings, as well as reduce the likelihood of legal disputes. The subject does not intend to make you into legal experts like lawyers. However, it intends to give you basic knowledge of the origins of the legal systems operating in the USP region, and of the legal framework of commercial law. It should provide you with a foundation for further law studies in your chosen course, and enable you to identify more important legal issues that may arise when operating a business. Commercial law covers a very large number of areas, and in a one semester course such as this, it is not possible to cover even the most important topics. The topics in this course have been selected taking into account the other legal subjects that are offered within the Faculty of Business & Economics such as BF202 Banking Law, AF308 Taxation Law, AF205 Law of Associations and AF309 Insolvency Law and Practice.

The topics to be covered in this course are: Legal Systems in the Pacific Region Contracts Law Torts Law Sale of Goods Law & Agency Law Fair Trading & Consumer Protection Law

Learning Outcomes:
Understand the various legal systems that operate in the USP region Understand the basic legal principles that regulate commercial transactions Examine how relevant legal rules may be applied to different scenarios

Develop the ability to identify and apply relevant legal rules to various situations with different legal issues Develop an understanding of how to identify inappropriate application of rules Critically analyse legal scenarios Demonstrate knowledge of relevant regional and international cases Understand experience and appreciate that learning is an important process where the student has to continuously think and question.

Course Materials:
Text Book Australian Business Law- Compliance & Practice, by Roger Vickery and MaryAnne Flood, 7th Edition, 2012 Pearson Australia. Supplementary Materials: AF108- Introduction to Law for Commerce Course Book & Reader, USP, UE 2010 (Optional) Studying Law: Studying Law, Chris Enright, Branxton Press. How to Study Business Law, Crosling and Murphy, 2nd Edition, Butterworths, 1996. General: LA100 and LA101, Legal Systems I and II, UE Course Books (in Library Reference section) Australian Commercial Law, Clive Turner, 21st Edition, LBC. Business Law in Australia, Paul Latimer, CCH Business Law, Peter Gillies, Federation Press Contracts: Textbook on Contract, Downes, ISE 5th Edition Understanding Contract Law, 4th Edition, D. Khoury and Y. S. Yamouni, Butterworths The Modern Law of Contract, 5th Edition, R. Stone Articles Students are encouraged to refer to journals to increase their understanding of concepts and issues relating to the course. The following is a list of journals specialising in law and legal systems which students may be interested in:

Journal of South Pacific Law Australian Law Journal Business Law Journal Queensland Law Journal New Zealand Law Journal Auckland Law Journal New Zealand Law Quarterly Butterworths Law Journal

This list is not exhaustive and students are encouraged to refer to other journals which they believe are relevant. Internet Sources The course will be administered through moodle. Students can access the AF108 Moodle website by going to the following address: www.elearn.usp.ac.fj All announcements and resources will be posted on moodle. Students are also encouraged to discuss issues or queries using moodle forums. Students wishing to access additional resources apart from the text book can go to the following address and search these databases: Paclii Austlii Westlii Bailii Westlaw LexisNexis

Course Content:
1. Introduction Introduction to AF108 How to Study Law? Read Chapter 1 Week 1

What is Law? Separation of Powers Judiciary, Executive and Legislature Legislation and Cases Lawyers and Judges (The Bar and the Bench) Read Chapter 2 Week 2

2. Law (Sources of Law & Legal Systems) Various Sources Parliamentary Systems Adversarial Systems Common Law as opposed to Customs Constitutions (Written or Unwritten)

3. Contracts Law (Introduction) Introduction to Contracts Law Sources of Contracts Law Cases and their Relevance What is a Contract? Formation of Contracts

Read Chapter 8 Weeks 2-3

4. Elements of Contracts Law Advertisements Invitation to Treats Offers Acceptance Consideration Intention to Create Legal Relations

Read Chapters 9-11 Weeks 3- 4

5. Minors Capacity Incorporations and Drunkenness Necessaries or Beneficial Service Cases

Read Chapter 12 Week 4-5

6. Vitiating Factors in Contracts Law Duress Undue Influence Mistake Misrepresentation Unfairness, Unconscionability

Read Chapters 13-15 Weeks 5-6

7. Termination of Contract

Read Chapters 16-17

Weeks 6-7 Frustration Discharge by Performance Discharge by Variation Discharge by Breach Contractual remedies MID-SEMESTER BREAK (Week after mid-break will be counted as Week 8) 8. Law of Torts Torts (Intentional and Unintentional) Trespass, Assault and Battery Negligence Duty of Care Breach of Duty of Care Causation Remoteness of Damage Remedies Read Chapter 6 Week 9 Read Chapters 3-4 Weeks 8-9

9. Agency Law Agent Principal Types of Agents Powers of Agents Duties and Rights of Agents

10. Sale of Goods Law I Sale of Goods Act Goods Ownership Property Risk

Read Chapter 23 Weeks 9-10

11. Sale of Goods II The Act Cases FOB/CIF Liabilities Remedies

Read Chapter 23 Weeks 10-11

12. Consumer Protection Commerce Commission Decree 2010

Read Chapter 24-25 Weeks 11- 12

Misleading & Deceptive Conduct Restrictive and Prohibited Practices Other breaches Cases under Australian Consumer Law Read Chapters 24-25 Weeks 12-13

13. Consumer Protection Fair Trading Cases in Fiji Enforcement Agencies The Commerce Commission Remedies

14. Consumer Credit Consumer Credit Disclosures Hardships Pre-contractual requirements Remedies

Read Chapter 21 Week 14

15. Revision

Teaching Method:
Lectures The class follows lecture/discussion format. Students are required to read the assigned chapters and reading material before they attend the class. They are expected to contribute to class discussions on the topics being covered. In addition to the traditional lecture method, the course is to be taught through cases, seminars, experiential exercises, internet-based exercise, etc. This course consists of three lectures and one tutorial per week. Tutorials and Minimum Requirement for Attendance Your first point of contact will be your tutor but please adhere to their consultation hours for queries. The tutorial will focus on enhancing students knowledge on law, based on concepts learnt in lectures. It will further develop essential analysis skills as discussions in tutorials relate theories learnt in the course to real practical situations by analysing case studies. Each week, there will be discussions on a particular tutorial exercise from the selected tutorial questions. All students are required to do the allocated readings and participate during tutorial discussions and presentations.

Students must attend at least 60% of the tutorials conducted during the semester to pass the course. Students who do not meet this minimum requirement will fail the course.

Assessment and Grading:

To obtain a pass in this course, students must attain a minimum overall pass mark of 50% (i.e. grade C). This must include a minimum of 40% in the final examination. Students must also satisfactorily complete all components of the assessment. You DO NOT need to obtain a minimum mark in the coursework element.

Continuous Assessment:

COMPONENTS

WEEKS DATES Ongoing

AND

DUE PERCENTAGE

Student Workload Survey

5%

Mid-Semester Test

Week 7

TBA 24th April

25%

Major Assignment

Week 11 -

10%

Continuous Assessment Total

40%

Final Examination

60%

Total

100%

Assignments 1 and 2 The assignments will test your analytical ability. Details on the nature, content and drop-off venue will be provided in due course. Mid-Semester Test (MST)

The MST will be held in week 7. This will be a closed book exam with a duration of 90 minutes. Questions will be drawn from lectures, tutorials and readings. Details on the exact date and venue of the exam will be confirmed by Week 5.

Mark range for Grading of Assessed Work

A+ A B+ B C+ C D E EX 85+ 78-84 71-77 64-70 57-63 50-56 40-49 0-39 Failure to sit the final exam

Assignments and Evaluation

Assignments must be legible and written in proper English. Please type on one side of the page only. Ensure proper citation of references. Write your name (as in USP records) and ID number on all pages. Include your tutorial time and tutors name on the first page of the assignment. Do not email assignments! The assignment question/details will be posted on moodle in due course. Guidelines for writing All written work is to be word processed, spell-checked, proof-read and corrected before it is submitted. Students who need assistance in writing skills, oral presentation, examination skills or preparation of scholarly analytical papers are advised to seek help from Student Learning Support (SLS). If found copying, you will be totally penalized and awarded zero. Policy for late assignments Please note that the due dates for assignments are to be strictly followed. Any failure to submit an assignment on time will lead to a penalty. Ten percent (10%) of the marks will be deducted from the mark the work merits for each day, or part of the day, that the assignment is submitted after the due date. Any assignment submitted after the model answer has been made available will be automatically awarded a zero. Exceptions to this rule will only be granted where a late submission is due to reasons beyond the students control. Note that if you are unable to submit an assignment or sit a test on the scheduled date due to illness, you must submit a medical certificate from a University doctor to the course coordinator at the earliest opportunity. Medical certificates issued by doctors other than the University doctors are NOT acceptable.

Accuracy of Course materials

Every effort is made to ensure the accuracy of all course materials. Any correction required will be posted on moodle as soon as the error is identified. This allows relief from hardship because of a documented error on the part of the University a students mark did not accurately reflect the total academic performance causing hardship. Such matters are resolved in a manner that is not detrimental to students and does not compromise the integrity of the assessment process.

Plagiarism and Dishonest Practice in Coursework:

(a) Plagiarism in coursework is the taking and using of another persons thoughts, writings, inventions or other work as ones own. It includes copying from a current or past student or using someone elses work without indicating the source. (b) Dishonest practice in coursework is cheating or being party to cheating or misconduct in tests, laboratory work or any other type of coursework. It includes submitting work for assessment that is to be counted towards a final mark if that work has been previously submitted for the same or other course(s). (c) Plagiarism and dishonest practice in coursework are punishable academic offences. (d) Where a member of academic staff has reasonable grounds to believe a student has been guilty of plagiarism or dishonest practice in coursework, that student shall be liable to: (i) (ii) (iii) (iv) be reprimanded by the Head of School; and/or have their marks for the relevant piece of work reduced by the Head of School; and/or be awarded zero marks by the Dean or nominee for the relevant piece of work; and/or be reported to the Dean.

(e) The Dean shall have discretion to refer the offence to the Student Development Committee. (Source: University of the South Pacific 2014 Online Handbook & Calendar, pp 459-462).