General Information
Business Law is a subject offered by the Faculty of Law for Bond Business School students and other non-law students. The subject provides an introduction to the law regulating business in Australia today. It seeks to develop students' knowledge and understanding of the Australian legal system and sources of law in Australia, the commercial legal responsibilities and risks of doing business, key aspects of the law of torts, contracts and consumer protection, and the law associated with starting, managing, financing and closing companies and other business entities. By focusing on the legal responsibilities and risks that have a substantial impact on business, the subject highlights the important role that law plays in business decision-making.
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Details
Academic unit: Faculty of Law Subject code: LAWS71-100 Subject title: Business Law Subject level: Postgraduate Semester/Year: September 2024 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Standard Workload items: - Forum: x12 (Total hours: 24) - Forum
- Tutorial: x11 (Total hours: 11) - Tutorial
- Personal Study Hours: x12 (Total hours: 85) - Recommended study hours
Attendance and learning activities: -
Resources
Prescribed resources: Books
- Nickolas James, Richard Baumfield et al (2024). Business and Company Law. 3rd, John Wiley & Sons 656
Others
- Corporations Act 2001 (Cth), Australia.
iLearn@Bond & Email: iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class recordings and detailed subject information regarding the subject curriculum, assessment, and timing. Both iLearn and the Student Email facility are used to provide important subject notifications.
Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS71-100 |
| Subject title: | Business Law |
| Subject level: | Postgraduate |
| Semester/Year: | September 2024 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Standard |
| Workload items: |
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| Attendance and learning activities: |
| Prescribed resources: | Books
Others
|
|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class recordings and detailed subject information regarding the subject curriculum, assessment, and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
Enrolment requirements
| Requisites: |
Nil |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.
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| Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Demonstrate integrated knowledge and understanding of Australian business law, including the Australian legal system and sources of law; the key features and purposes of the law of torts, contracts and consumer protection; and the identification of various business structures and the legal regulation of companies.
- Communicate knowledge and understanding of Australian business law effectively and appropriately, whether orally or in writing.
- Use knowledge and understanding of Australian business law to solve commercial legal problems by identifying, analysing and explaining the legal responsibilities and risks of doing business.
- Navigate through legal information environments, including online legal resources, with autonomy and initiative.
- Appreciate legal, social and professional responsibilities to your peers, your profession and your community.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
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Assessment details
Type Task % Timing* Outcomes assessed Computer-Aided Examination (Limited Open) Final Assessment 50.00% Final Examination Period 1,2,3 Paper-based Test (Closed) Mid-semester test (please check the iLearn subject site for further details) 20.00% Week 7 1,2,3 Presentation§ PowerPoint presentation 15.00% Week 11 1,2,3,4,5 Activity Tutorial preparation and participation 15.00% Ongoing 1,2,3,4,5 - § Indicates group/teamwork-based assessment
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
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Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| Computer-Aided Examination (Limited Open) | Final Assessment | 50.00% | Final Examination Period | 1,2,3 |
| Paper-based Test (Closed) | Mid-semester test (please check the iLearn subject site for further details) | 20.00% | Week 7 | 1,2,3 |
| Presentation§ | PowerPoint presentation | 15.00% | Week 11 | 1,2,3,4,5 |
| Activity | Tutorial preparation and participation | 15.00% | Ongoing | 1,2,3,4,5 |
- § Indicates group/teamwork-based assessment
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
| High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
|---|---|---|
| Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
| Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
| Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
| Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
Bond University‘s Student Code of Conduct Policy , Student Charter, Academic Integrity Policy and our Graduate Attributes guide expectations regarding student behaviour, their rights and responsibilities. Information on these topics can be found on our Academic Integrity webpage recognising that academic integrity involves demonstrating the principles of integrity (honesty, fairness, trust, professionalism, courage, responsibility, and respect) in words and actions across all aspects of academic endeavour.
Staff are required to report suspected misconduct. This includes all types of plagiarism, cheating, collusion, fabrication or falsification of data/content or other misconduct relating to assessment such as the falsification of medical certificates for assessment extensions. The longer term personal, social and financial consequences of misconduct can be severe, so please ask for help if you are unsure.
If your work is subject to an inquiry, you will be given an opportunity to respond and appropriate support will be provided. Academic work under inquiry will not be marked until the process has concluded. Penalties for misconduct include a warning, reduced grade, a requirement to repeat the assessment, suspension or expulsion from the University.
Feedback on assessment
Feedback on assessment will be provided to students according to the requirements of the Assessment Procedure Schedule A - Assessment Communication Procedure.
Whilst in most cases feedback should be provided within two weeks of the assessment submission due date, the Procedure should be checked if the assessment is linked to others or if the subject is a non-standard (e.g., intensive) subject.
Accessibility and Inclusion Support
Support is available to students where a physical, mental or neurological condition exists that would impact the student’s capacity to complete studies, exams or assessment tasks. For effective support, special requirement needs should be arranged with the University in advance of or at the start of each semester, or, for acute conditions, as soon as practicable after the condition arises. Reasonable adjustments are not guaranteed where applications are submitted late in the semester (for example, when lodged just prior to critical assessment and examination dates).
As outlined in the Accessibility and Inclusion Policy, to qualify for support, students must meet certain criteria. Students are also required to meet with the Accessibility and Inclusion Advisor who will ensure that reasonable adjustments are afforded to qualifying students.
For more information and to apply online, visit BondAbility.
Additional subject information
Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
Subject curriculum
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Introduction
Subject overview, the Australian legal system and sources of law (case law, legislation etc), and discussion of the interplay between business and the legal system.
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Tort Law
Potential tortious risks of doing business in Australia.
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Contracts I
Key features and purpose of contract law, including contract formation rules and express terms.
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Contracts II; Consumer Law
Contract performance, breach and remedies. Discussion of the major consumer based laws in Australia, including the ACL and the state Sale of Goods Acts. The lecture will focus on the most significant aspects of the protections these laws provide.
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Alternative Business Structures
Business structures other than corporations - sole traders, trusts, partnerships, joint ventures, franchise agreements etc. The lecture will discuss the advantages and disadvantages of the various structures and when they are used, as well as agency principles.
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Introduction to Corporations
The history of corporations will be explored, together with the various types of corporations and fundamental concepts such as limited liability and the corporation as a separate legal entity. The lecture will also address how corporations are registered, and the powers which a company has and how these can be exercised.
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Mid-Semester Exam
Mid-Semester Exam.
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Promoters; Outsiders; The Company's Constitution
The first half of the lecture will focus on the role and duties of promoters (including pre-registration contracts). The second half of the lecture will discuss the rules relating to the company's constitution. This lecture will also address how a corporation interacts with third parties and certain assumptions that third parties can make when dealing with the company.
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Members and Fundraising
The lecture will explore the role and rights of members. It will also discuss the debt, equity and fundraising options available to corporations and the rules relating thereto.
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Corporate Governance; Directors' Duties I
This lecture will identify the role of directors, their powers and basic obligations. The lecture will then provide an introduction to directors' duties and a discussion of the duty of good faith and proper purpose and conflicts of interest (including sections 182 and 183).
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Directors' Duties II
Duty of care and diligence, section 588G and the consequences directors face for breaching their duties.
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Shareholders' Remedies and External Administration
Discussion of shareholder remedies, including oppression under section 232 and derivative claims under sections 236 and 237. The lecture will also address the different kinds of external administration available in Australia (liquidators, voluntary administration and receivership).