LAW4198 - Australian commercial law
6 points, SCA Band 3, 0.125 EFTSL
Undergraduate Faculty of Law
Leader(s): Justin Malbon
Clayton Second semester 2009 (Day)
Fundamentals of commercial law emphasising the Australian approach. The nature of commercial law from a functional perspective and need for reform of the law of sale in Australia. Overview of personal property and concepts of transfer of ownership and bailment. Major topics are law of agency (types of agents, their authority and power, agency and other legal relationships), transfer of property in goods (contract of sale, transfer and reservation of property, transfer of title and remedies for the sale of goods), law of partnership (nature and formation of partnerships, relationship of partners amongst themselves, liability of partners, dissolution of partnerships and limited partnerships).
1) To develop an understanding of the issues facing buyers and sellers in relation to the transfer of property in goods. 2) To give students an understanding of the state, national and international regulation of contracts for the sale of goods. 3) To develop in students the capacity to advise both buyers and sellers of goods about their legal rights in relation to the transfer of ownership of those goods. 4) To provide students with an understanding of the legal and commercial issues facing partners in their dealings with others and with third parties. 5) To develop an understanding of the legal and commercial issues involved in the relationship of principal and agent, both as between principal and agent and as between them and third parties. 6) To build on the skills and knowledge acquired by students in the prerequisite subject.
Research assignment (2500 words): 30%
Examination (2 hours plus 30 minutes reading and noting time): 70% OR Examination (3 hours plus 30 minutes reading and noting time): 100%
Three hours of lectures per week