COMLAW 201 : Commercial Contracts

Business and Economics

2020 Semester Two (1205) (15 POINTS)

Course Prescription

Every business transaction involves a contract. Commercial Contracts examines the general principles of the law of contract including the process of formation of a contract, the interpretation of contractual terms and the various obstacles which may impede the enforceability of a bargain. Introduces the special features of contracts in digitally networked environments and issues relating to breach of contract and consumer protection.

Course Overview

Businesses conduct their business mostly through contracts. This course is designed to teach the fundamental legal principles and rules on how contracts are formed, what factors (such as pre-contractual misleading conduct or undue influence) may affect their validity or enforceability, what types of term a contract can have, how contracts are increasingly regulated by statutes (particularly consumer protection legislation), what consequences a breach of contract will have and how to deal with them.  
Those principles and rules have been the legal foundation for the market economy in the last one and half centuries, and will continue to be so well into the future. Therefore, a sound knowledge and understanding of them will be relevant and useful for decades to come. Furthermore, to understand them and decide how they can be used to solve a real business problem requires the recognition of the broader social and economic context of the rules, the analysis of both the legal concepts and the facts of the problem, and the examination of the pros and cons regarding different conclusions. To learn them is thus inherently an exercise in developing and honing analytical, logical and other reasoning skills. 

Course Requirements

Prerequisite: COMLAW 101 or 191

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Commerce

Learning Outcomes

By the end of this course, students will be able to:
  1. Apply and analyse the law relating to the formation of contracts (agreement, intention and consideration) and decide whether a contract is formed in a commercial context. (Capability 1 and 2)
  2. Apply and evaluate the law on incorporating terms into a contract and the current laws on consumer protection. (Capability 1 and 2)
  3. Apply and analyse the law on precontractual misleading conduct, duress, and undue influence - recognising the ethical issues and the social and cultural issues inherent in these areas of the law. (Capability 1, 5.2 and 6)
  4. Recognise the legal consequences, and determine the course of action when there is a breach of contract or misrepresentation. (Capability 1 and 3)
  5. Construct and present legal arguments in a logical and concise manner both in writing and orally. (Capability 4.1 and 4.2)
  6. Select and apply the relevant legal rules and principles to suggest a solution to a given factual scenario (Capability 3)

Assessments

Assessment Type Percentage Classification
Individual Examination 60% Individual Examination
Individual Test 25% Individual Test
Quizzes (x10) 6% Individual Coursework
Assignments (AROPA x3) 9% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Individual Examination
Individual Test
Quizzes (x10)
Assignments (AROPA x3)

Workload Expectations

This course is a standard 15 point course and students are expected to spend 10 hours per week involved in each 15 point course that they are enrolled in.

For this course, you can expect 3 hours of lectures, a 1.5 hour active participatory workshop and quiz, 3 hours of reading and thinking about the content and 2.5 hours of work on assignments, test and exam preparation.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 13/07/2020 09:26 a.m.