Commercial Law M

Course aim

To provide an understanding of the Australian legal system. To introduce the principles of legal methodology and apply these to the areas of contract law and corporations law.

Course content

The features of Australian law and its development. The operation of the Australian Constitution. The Doctrine of Precedent. Common law and statutory rules relating to the law of contract and how these apply to the concepts of offer and acceptance, intention to create legal relations, valuable consideration; the rules relating to written contracts, implied terms and exclusion clauses, illegality, mistake, misrepresentation, duress and undue influence; the principle of unconscionability; remedies for breach of contract and assessment of damages. The national system of corporation’s legislation in Australia. The incorporation process; separate entity theory. Corporate liability for acts of officers; corporate contracting. Capital structure and dividends. Corporate governance. Duties of company directors, officers and controllers. Shareholders rights and remedies. External administration of companies.

Textbook(s)

J Fitzpatrick, C Symes, A Veljanovski, D Parker, 2019, Business and Corporations Law, 4th , LexisNexis

Prerequisite(s)

Nil

Corequisite(s)

Nil

Teaching method

Component	Duration
INTERNAL, CITY WEST
Preparatory	1 x 1 week
Lecture	1 hour x 10 weeks
Tutorial	2 hours x 10 weeks
EXTERNAL, CITY WEST, ONLINE
External	N/A x 10 weeks

Note: These components may or may not be scheduled in every study period. Please refer to the timetable for further details.

Assessment

Examination, Problem solving exercise

Fees

EFTSL*: 0.125
Commonwealth Supported program (Band 4C)
To determine the fee for this course as part of a Commonwealth Supported program, go to:
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Fee-paying program for domestic and international students
International students and students undertaking this course as part of a postgraduate fee paying program must refer to the relevant program home page to determine the cost for undertaking this course.

Non-award enrolment
Non-award tuition fees are set by the university. To determine the cost of this course, go to:
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Not all courses are available on all of the above bases, and students must check to ensure that they are permitted to enrol in a particular course.

* Equivalent Full Time Study Load. Please note: all EFTSL values are published and calculated at ten decimal places. Values are displayed to three decimal places for ease of interpretation.