BU1112 Business Law

Amended Subject Outline
College of Business, Law and Governance

Subject Name Business Law
Subject Code BU1112
Study Period SP21 2020
Study Mode Internal
Campus Brisbane
Subject Coordinator Neil Dunbar
Subject Lecturer Kelvin Kuan

We acknowledge the Traditional Owners of the lands and waters where our University is
located and actively seek to contribute and support the JCU Reconciliation Statement,
which exemplifies respect for Australian Aboriginal and Torres Strait cultures, heritage,
knowledge and the valuing of justice and equity for all Australians.
© Copyright 2020
This publication is copyright. Apart from any fair dealing for the purpose of private
study, research, criticism, or review as permitted under the Copyright Act, no part may
be reproduced by any process or placed in computer memory without written
permission.
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Contents
1 Important Information…………………………………………………………………………………………………………3
1.1 Pre-requisites……………………………………………………………………………………………………………………. 3
1.2 Staff contact details …………………………………………………………………………………………………………… 3
1.3 Key dates …………………………………………………………………………………………………………………………. 3
1.4 Student Support………………………………………………………………………………………………………………… 3
2 Subject calendar (SP21, 2020) …………………………………………………………………………………………….4
3 Subject details ……………………………………………………………………………………………………………………….6
3.1 Subject description ……………………………………………………………………………………………………………. 6
3.2 Subject learning outcomes ………………………………………………………………………………………………….. 6
3.3 Subject resources and special requirements…………………………………………………………………………… 6
3.4 Learning and teaching in this subject…………………………………………………………………………………….. 7
3.5 Student participation requirements ……………………………………………………………………………………… 7
3.6 Feedback on student learning ……………………………………………………………………………………………… 8
3.7 Student feedback on subject and teaching …………………………………………………………………………….. 8
4 Assessment details………………………………………………………………………………………………………………..9
4.1 Requirements for successful completion of subject…………………………………………………………………. 9
4.2 Late penalty ……………………………………………………………………………………………………………………… 9
4.3 Assessment tasks …………………………………………………………………………………………………………….. 10
5 Rubrics ……………………………………………………………………………………………………………………………….. 16
5.1 Assessment Task 1 Rubric …………………………………………………………………………………………………. 16
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1 Important Information
1.1 Pre-requisites
There are no pre-requisites for this subject.
1.2 Staff contact details

Teaching
team
Staff member Email
Subject
Coordinator
Neil Dunbar neil.dunbar@jcu.edu.au
Lecturer Kelvin Kuan kelvin.kuan@jcub.edu.au

*Please email for appointment outside of the stated hours.
1.3 Key dates

Key dates Date
Census date
Last date to withdraw without academic penalty
See 2020 Study Period and Census Dates (JCUA)
See 2020 Study Period and Census Dates (JCUA)
Assessment task 1: Court Essay Assignment [20%] Due Wednesday, 29 April 2020 (week 6).
Assessment task 2: Multiple Choice Test [20%] Due Wednesday, 13 May, 2020 (week 8).
Assessment task 3: Exam [60%] Examination period (8 June 2020 to 19 June 2020)

1.4 Student Support
Please see links below to all student resources and support services to optimise your academic and personal
success.
Current Students (JCUA)
Please see the Learn Student Guide web page for general advice on plagiarism, referencing and examinations.
Here, you can also access individual and group assessment task cover sheets. Note that cover sheets are only
required for hard copy submissions.
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2 Subject calendar (SP21, 2020)
Please note, the sequence of some topics may change due to staff availability, resourcing, or due to unforeseen circumstances.

Lecture Topic(s) Tutorial/Activity Readings/Preparation Relationship to
assessment
1 Lecture 1: The nature, role and sources
of law
No tutorial in first week Chapter 1 of the text prescribed Court essay
assignment and
multiple choice
test
2 Lecture 2: The Australian legal system Tutorial 1 on court visit assignment Chapters 2 and 3 of the
prescribed text
Court essay
assignment and
multiple choice
test
3 Lecture 3: Contract – elements Tutorial 2 covers material discussed in
lectures 1 and 2
Chapter 4 of the prescribed
text
Multiple choice
test and final
examination
4 Lecture 4: Contract – terms Tutorial 3 covers material from lecture 3. Chapter 5 of the prescribed
text
Multiple choice
test and final
examination
5 Lecture 5: Contract – vitiating elements Tutorial 4 covers material from lecture 4 Chapter 6 of the prescribed
text
Multiple choice
test and final
examination
6 Lecture 6: Contract – termination and
remedies
Tutorial 5 covers material from lecture 5. Chapter 7 text of the prescribed Multiple choice test and final
examination
7 Lecture 7: Contract – the effect of
legislation – consumer protection
Tutorial 6 covers material from lecture 6. Chapters 8, 10 and 11 prescribed text of the Final examination
8 Lecture 8: Tort – Negligence Tutorial 7 covers material from lecture 7 Chapters 24 and 25 of the
prescribed text
Final examination

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Lecture Topic(s) Tutorial/Activity Readings/Preparation Relationship to
assessment
9 Lecture 9: Agency Tutorial 8 covers the material from lecture 8 Chapter 15 of the prescribed
text
Final examination
10 Lecture 10: Dealing with
property/Intellectual Property
Starting a Business
Tutorial 9 covers the material from lecture 9 Chapters 20, 21 and 22. Final examination

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3 Subject details
3.1 Subject description
The subject outlines the nature of law and its sources both nationally and internationally. The Australian legal
framework is considered and the different courts within the system are introduced together with other dispute
resolution options. The subject focuses on law in the context of business with special reference to contracts,
torts, trade practices regulation, contract and consumer protection, property and intellectual property. Ethical
perspectives to the law will be embedded throughout the subject by considering the nature of professionalism
and the duties of professionals in the business context. This subject is compulsory for students wishing to satisfy
professional accreditation requirements in the Bachelor of Business (Accounting).
BU1112 Business Law is a core subject in the BBus course and a prerequisite to BX2112 Law of Business
Organisations and BX3112 Taxation in the Accounting major. For students completing Business Law as a second
major, you are required to enrol in BU2111, the level 2 version of BU1112. If undertaking the joint BBus BLaws
degree, students should closely follow the enrolment requirements and not undertake BU1112 but complete the
required Law subjects with a LA prefix.
Law plays an important role in business and it is crucial that students studying for a business degree have a basic
understanding of how the law works in the business environment.
3.2 Subject learning outcomes
Students who successfully complete this subject will be able to:

• examine and describe the Australian legal system and sources of law
• demonstrate an understanding of the core principles of the law of torts including negligence; the law of
contract; consumer protection law; intellectual property law; agency law; and property law.
• examine and describe the legal considerations and requirements associated with starting a business

These outcomes will contribute to your overall achievement of course learning outcomes. Your course learning
outcomes can be located in the entry for your course in the electronic JCU Course and Subject Handbook 2020
(click on ‘Course Information’ bar/ select ‘Undergraduate Courses’ or ‘Postgraduate Courses’/ select relevant
course/ scroll down to ‘Academic Requirements for Course Completion’, ‘Course learning outcomes’).
3.3 Subject resources and special requirements
Textbook
Graw, S, Parker, D, Whitford, K, Sangkuhl, E, and Do, C (2019). Understanding Business Law (9th edition) Lexis
Nexis Butterworths
The JCU Library has limited print copies of this prescribed textbook for two-day loan, and options for viewing
available eTextbooks online. There are also older versions of the textbook available for loan for longer periods
than two day loan. Older editions from the 5th edition onwards are in order to use.
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Additionally, you can find the most appropriate library subject resources, including dedicated discipline libguides,
relevant databases and access to library services and staff through the Your Library tool, in your LearnJCU subject
site.
3.4 Learning and teaching in this subject
Lectures
Lectures provide weekly information on each topic. They provide a good basic coverage of each topic. The lectures
aim to focus the student on the important areas for each topic. Please try and attend all lectures. The lectures are
important to this subject. After attending, please review them carefully as they will give you the basic information
you need for each topic in an easy to understand form. You will be able to build on that knowledge by referring to
the appropriate chapters in the text book.
Tutorials
The tutorials offer another real time source of communication in this subject. They provide the opportunity for
students to consolidate and apply your knowledge and ask questions.
A self-declaration measure has been put in place to relieve pressure on our medical and counselling services both
in the wider community and on-campus during this time. The Notification of Extenuating Circumstances (medical
and/or counselling) form is used to advise the University of exceptional circumstances as soon as their impact on
your academic performance is suspected. Submission of this form can mitigate the requirement for medical or
counselling certificates if you need to apply for assessment extensions, missed compulsory classes, special
consideration, and/or deferred exams at any time.
The current pandemic crisis places an extraordinary demand on medical and counselling services that students
would normally use to substantiate exceptional circumstances that negatively impact their academic experience.
Keep a copy of this completed form and attach it as evidence to applications for:

· Missed compulsory classes
· Assessment extensions
· Special Consideration
·
·
Deferred Exams
Withdrawal without Financial and/or Academic Penalty

You can access the form here: https://apps.jcu.edu.au/extenuating-circumstances/#/
3.5 Student participation requirements
The JCU Learning, Teaching and Assessment Policy (4.3) indicates that, “a 3 credit point subject will require a 130
hour work load of study-related participation including class attendance over the duration of the study period,
irrespective of mode of delivery”. This work load comprises timetabled hours and other attendance
requirements, as well as personal study hours, including completion of online learning activities and assessment
requirements. Note that “attendance at specified classes will be a mandatory requirement for satisfactory
completion of some subjects” (Learning, Teaching and Assessment Policy, 5.10); and that additional hours may be
required per week for those students in need of English language, numeracy or other learning support.
Note that “attendance at specified online sessions will be a mandatory requirement for satisfactory completion of
some subjects” (Learning, Teaching and Assessment Policy, 5.10); and that additional hours may be required per
week for those students in need of English language, numeracy or other learning support.

Key subject activities Time Day & Date Room/Location

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Brisbane Lecture (2 hours per week) 5pm-7pm Wednesdays Collaborate –
Workshop
Brisbane Tutorial 7pm – 9pm Wednesdays Collaborate –
Workshop

For information regarding 2020 timetables, refer to:
https://www.jcub.edu.au/current-students/enrolment-and-course-planning/key-dates
Changes to scheduled classes due to COVID19 and the move to an online environment:
From Wednesday 1 April, this subject will be moving to an online environment for internal students. This
provides us with a unique opportunity to play with the delivery of content in this subject. Instead of a traditional
lecture, you will be provided with an online lecture via Collaborate. To access the online collaborate room for the
lecture, click on the ‘Subject Room’ in the left-hand menu on LearnJCU. A room will be created for each lecture
class for the remainder of the semester. The collaborate room for the lecture will open to student access 30
minutes prior to the scheduled class time to allow students to prepare your audio and video. All lectures will be
recorded and a link available after the end of class.
Tutorial classes will run at the scheduled time as per the timetable, however, students will also complete the
tutorial class in an online environment using Collaborate. An online link will be created for each tutorial class and
will be accessible from the ‘Subject Room’ link in the left-hand menu on LearnJCU. The Collaborate link will open
to student access 30 minutes prior to the scheduled class time to allow students to enter and prepare their audio
and video. Your tutor will commence class in the online tutorial link at the time scheduled in your timetable. We
have reviewed and developed engaging activities to encourage your participation in your online tutorial class.
3.6 Feedback on student learning
The subject design provides the student with progressive feedback. There are weekly quizzes that do not form
part of the summative assessment for the subject. These, however, do provide an indication to the student of
his/her basic understanding of each topic and students are encouraged to do these.
There is also a mid-term test worth 20% of the total assessment mark, which provides the student with an
assessment of their learning over the first six weeks of the subject and gives the student a clear indication as to
how he/she is progressing with what is, for the majority of students, a first law subject.
The tutorials from week 8 onwards are specifically designed to assist students to prepare for the final exam and
should be attended. Students, who have any concerns about their progress in the subject, should immediately
contact their lecturer for assistance, which will be happily provided.
3.7 Student feedback on subject and teaching
As part of our commitment at JCU to improving the quality of our courses and teaching, we regularly seek
feedback on your learning experiences. Student feedback informs evaluation of subject and teaching strengths
and areas that may need refinement or change. YourJCU Subject and Teaching Surveys provide a formal and
confidential method for you to provide feedback about your subjects and the staff members teaching within
them. These surveys are available to all students through LearnJCU. You will receive an email invitation when the
survey opens. We value your feedback and ask that you provide constructive feedback about your learning
experiences for each of your subjects, in accordance with responsibilities outlined in the Student Code of
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Conduct. Refrain from providing personal feedback on topics that do not affect your learning experiences.
Malicious comments about staff are deemed unacceptable by the University.
All feedback is given very careful consideration and, where appropriate, is acted upon and changes made.
4 Assessment details
4.1 Requirements for successful completion of subject
In order to pass this subject, you must:
• Achieve an overall percentage of 50% or more;
• Submit a credible attempt at all assessment items within this subject. Students who have completed less
than 100% of the assessment will be subject to review by the College Assessment Committee which could
result in an ‘X’ grade (Fail (did not sit for exam/s or did not complete at least 80% of assessment
requirements or deferred exam not granted))
• Demonstrate regular attendance and engagement with the content of this subject in accordance with
student participation requirements as outlined above, including but not limited to any mandatory face to
face attendance or online session participatory attendance.
Assessment items and final grades will be reviewed through moderation processes (Learning, Teaching and
Assessment Policy, 5.13-5.18). It is important to be aware that assessment “is always subject to final ratification
following the examination period and that no single result represents a final grade in a subject” (Learning,
Teaching and Assessment Policy, 5.22.).
4.2 Late penalty
Note that the Learning, Teaching and Assessment Policy (5.22.3) outlines a uniform formula of penalties that will
be imposed for submission of an assessment task after the due date. This formula is 5% of the total possible
marks for the assessment item per day including part-days, weekends and public holidays. After 20 days, the
assessment item thus would be awarded 0 marks (i.e. 5% x 20 = 100% of total possible marks in penalties).
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4.3 Assessment tasks
ASSESSMENT TASK 1: COURT ESSAY ASSIGNMENT

Aligned subject learning
outcomes
SLO 1: examine and describe the Australian legal system and sources of law
Group or individual Individual
Weighting 20%
Due date Wednesday, 29 April 2020 (week 6).

ASSESSMENT TASK 1: DESCRIPTION
This piece of assessment requires you to write an essay of not more than 1,000 words answering the
following question:
WHAT ARE THE MAIN SIMILARITIES AND DIFFERENCES BETWEEN THE CONDUCT OF CIVIL AND
CRIMINAL PROCEEDINGS IN THE AUSTRALIAN COURT SYSTEM?
Purpose: This assessment is designed:
1. to expose you to court procedures and to allow you to develop a better understanding of how the
law is enforced in Australia;
2. to give you experience in researching for information for use in a report on your findings in respect
of the conduct of criminal and civil proceedings in the Australian court system.
3. to give you experience in organising and structuring a report on your findings in respect of the
conduct of criminal and civil proceedings in the Australian court system.
At the completion of this assessment you should have a better understanding of the Australian legal
system and in particular how the courts operate within that system. This assignment is linked to the
Learning Outcome which seeks to develop a knowledge and understanding of the legal system and
sources of law in Australia. You should also have a better understanding of how to research for
information for a report and how to utilise that information to provide an organised and structured report.
Researching the Assignment:
Basic information will be provided in lecture 2 and this can also be obtained from chapter 2 of the
prescribed text book, Understanding Business Law (9 ed) by Pentony and others.
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Further information can be obtained from the internet. It is suggested that you search words such as
civil proceedings in Australian courts and criminal proceedings in Australian courts or other
combinations of these key words. The results from these searches will give you more than adequate
information to complete this assignment.
Additional information may be obtained from your local library or you may be able to visit a local court,
if there is one close to where you reside. You do not need to pursue either of these avenues to do this
assignment. The basic information and material from the internet as suggested in the paragraph above
will more than suffice. If you do decide to visit a local court then tips on court etiquette are provided at
the end of this document. Please read these carefully before attending your local court.
Writing the Assignment:
Your assignment should be no more than 1,000 WORDS. As you are not law students, you are not
expected to produce a legal assignment. Difficult legal terminology is to be avoided. Instead, you should
pay particular attention to punctuation, spelling, grammar and expression, as these will be a focus for
the marking. Assignments should be double line spaced in essay form (not in point form).
You should write in the third person. Ensure you construct full sentences and that you set your spellcheck on your computers to ‘English’ and NOT ‘American’ spelling. Marks may be lost for the American
version of spelling. Subheadings are encouraged and these do not form part of the word count. You must
reference the material, which you use in your assignment by providing a bibliography at the end of your
work. For those students, who require assistance in preparing a bibliography the following link will help:
https://www.sac.sa.edu.au/Library/Library/Bibliography/bibliography.htm
Referencing in the essay assignment may also be necessary because it is important to attribute words,
thoughts and ideas to their author. If you do not do this you may be seen as claiming the words, thoughts
and/or ideas as your own. This is called plagiarism.
Here are some very basic rules for referencing in your court essay assignment.
You need to distinguish between paraphrasing and quoting. Paraphrasing is when you use another
person’s ideas or thoughts but not the same words. Using the same words or very similar words is quoting.
If you are paraphrasing then at the end of the paraphrase you need to place the author’s surname and
year of publication of his work in brackets. Example – (Dunbar, 2013)
If you are quoting then if it is a short quotation of less than 40 words, you need to use double quotation
marks and also add a page reference. Example – (Dunbar, 2013 p. 5)
If the quotation is more than 40 words then DO NOT USE quotation marks. You should set the quotation
in an indented (about half an inch) free standing block of text. You should use double line spacing to
separate the quotation from the text of your work.
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Examples of quotation referencing

Type Examples
Direct quotation Less than 40 words.
Always include the author, year, and page number(s) as part of the citation.
Students receiving “additional information literacy
training achieved higher grades than students who
did not attend any skills’ sessions” (Capel, 2002,
p. 323).
40 or more words.
Although the groups contained different age groups, they
were not differentiated in the feasibility study:
The intensive ESL program was enthusiastically
supported by the administration and was popular
with the young learners and their parents. Although
the groups differed in age, measures of English and
French proficiency and language aptitude administered
at the outset of the experiment indicated that differences
between the fourth and fifth year classes were non
significant (White, Horst, & Bell, October 2007); thus in
the research reported here, we do not distinguish
between the two groups. (Horst, White, & Bell, 2010,
p. 334)

For more detailed information on referencing please refer to the following:
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http://www.usq.edu.au/library/referencing/apa-referencingguide#How_to_cite_references_within_the_text_of_an_assignment
Handing in your assignment:
This is to be uploaded electronically via LearnJCU by the due date for the assignment, which is Wednesday, 29 April
2020 (week 6).
Return of assessment:
The marked assessment and feedback will be available online through LearnJCU no later than 21 days
after the due date.
ASSESSMENT TASK 1 RUBRIC: See Section 5 Rubrics
ASSESSMENT TASK 2: ONLINE MULTIPLE CHOICE TEST

Aligned subject learning
outcomes
SLO 2: demonstrate an understanding of the core principles of the law of torts including
negligence; the law of contract; consumer protection law; intellectual property law; agency
law; and property law.
Group or individual Individual
Weighting 20%
Due date Due Wednesday, 13 May, 2020 (week 8).

ASSESSMENT TASK 2: DESCRIPTION
Purpose
The aim of this assessment is to establish your knowledge and understanding of the nature, role and sources of
law generally, how the Australian legal system operates, and the basic rules relating to contract law.
Instructions:
The multiple choice test will be conducted online on Wednesday, 13 May, 2020 (week 8).
Useful Information:
The multiple choice test comprises 20 questions each worth 1 mark each. Time allowed for the test is 45 minutes.
The test is done online. It covers lectures 1 to 6 inclusive of the subject.
More information about the multiple choice test can be found under the Assessment tab on the LearnJCU subject
site.
Please refer to subject site for information about Respondus software. The Assessment page on your
LearnJCU subject site provides information, download links and a practice Respondus test.
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ASSESSMENT TASK 3: EXAMINATION

Aligned subject learning
outcomes
SLO 2: demonstrate an understanding of the core principles of the law of torts including
negligence; the law of contract; consumer protection law; intellectual property law; agency
law; and property law.
SLO 3: examine and describe the legal considerations and requirements associated with
starting a business
Weighting 60%
Date In examination period

ASSESSMENT TASK 3: DESCRIPTION
Purpose
The aim of the final examination is to establish your knowledge and understanding of key areas of law including
property law, agency law, intellectual property law, negligence, debt recovery and consumer credit.
Instructions
The final exam will be conducted online and will take place on a date and time to be determined during the
University’s exam period. The examination will use the Respondus Lockdown system. You will need access to a
computer with a Webcam. A practice examination will be available for you to test your system and to help you
become familiar with the style of questions asked.
Students may take into the examination copies of their own handwritten or typed notes (including any
PowerPoint or similar materials posted on LearnJCU and used as the basis for lectures), copies of or extracts from
any case or legislation referred to in the course, textbooks, and supplementary notes posted on LearnJCU.
Students may not have access to any other electronic devices or library books.
Please refer to subject site for information about Respondus software. The Assessment page on your LearnJCU
subject site provides information, download links and a practice Respondus test.
Useful Information:
The time for the examination is two and a half hours and the examination takes place at the end of teaching period
exam during the University’s exam period. The University will determine the date and time of the final exam and
will provide exam timetables towards the end of the teaching period.
The examination will consist of four (4) questions each worth fifteen (15) marks each. The questions will be either
problem-solving or short answer in their format and will cover the material presented in the subject. Sample
examination questions will be provided in the tutorials.
More information about the final examination can be found under the Assessment tab on the LearnJCU subject
site.
An information task sheet will be sent to all students providing detail on Assessment Task 3.
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5 Rubrics
5.1 Assessment Task 1 Rubric

Criteria/Weighti
ng 
Fail Pass Credit Distinction Distinction High
Written
expression
(30%)
Meaning
unclear and/or
grammar and/or
spelling contain
frequent errors
Meaning
apparent but
language not
always fluent;
grammar and/or
spelling may
contain errors
High standard of
conventional
English;
grammar and/or
spelling are
mainly accurate
Very high
standard of
conventional
English;
grammar
and/or
spelling are
accurate
Sophisticated
use of English
employing an
academic
style; grammar
and/or spelling
are very
accurate
Content:
criminal and
civil court
procedure
(50%)
Unable to
identify court
procedure
and/or provide
few/no
observations
Able to describe
some court
procedure and
provide some
observations
Sound
descriptions of
court procedure
and provide
sound
observations
Provides
substantial
descriptions
of court
procedure
and provide
substantial
observations
Comprehensiv
e description of
court
procedure and
provide
comprehensive
observations
Organisation
and Structure
(20%)
Disorganised /
incoherent.
Shows some
attempt to
organise in a
logical manner,
including linking
paragraphs.
.
Shows
organisation
and coherence.
Carefully and
logically
organised.
.
Carefully and
logically
organised;
shows
sophisticated
attention to
purpose.
.

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