COMLAW 201 : Commercial Contracts

Business and Economics

2024 Semester One (1243) (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

Contracts are an essential part of most business transactions. 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 develops and hones analytical, logical and other reasoning skills. 

Course Requirements

Prerequisite: COMLAW 101 or 191 or BUSINESS 114 and 115 Corequisite: BUSINESS 112 or 113

Capabilities Developed in this Course

Capability 1: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Commerce

Learning Outcomes

By the end of this course, students will be able to:
  1. Examine Examine the typical provisions of commonly used commercial contracts and explain the context in which they are used. (Capability 4.2, 5.1 and 5.2)
  2. Demonstrate a problem-solving and ethical approach in analysing commercial contract case studies. (Capability 1.1, 2.2 and 8.1)
  3. Select and apply the relevant legal rules and principles to suggest a solution to a given factual scenario (Capability 3.1, 4.2 and 5.2)

Assessments

Assessment Type Percentage Classification
Tutorials 10% Individual Coursework
Quizzes 10% Individual Coursework
AROPA 10% Individual Coursework
Test 20% Individual Test
Final Exam 50% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3
Tutorials
Quizzes
AROPA
Test
Final Exam

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 on average: 3 hours of lectures, a 1.5 hour active participatory tutorials and quizzes, 3 hours of reading and thinking about the content and 2.5 hours of work on assignments, test and exam preparation.

Delivery Mode

Campus Experience

Attendance is required at scheduled activities including tutorials to receive credit for components of the course.

Lectures will be available as recordings. Other learning activities including tutorials will not be available as recordings.

The course may include live online events including tutorials.

Attendance on campus is required for the test and the exam.

The activities for the course are scheduled as a standard weekly timetable.

Learning 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.

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.

Students' feedbacks are important for improving course delivery and also sometimes for improving course contents. The effect may not be apparent to the cohort providing the feedbacks, but will be shown in the course to be delivered next time. For example, a couple of years back we tried big workshops for the class; after feedbacks, we have changed back to small group tutorials which prove to be popular and effective.

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 for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

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 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.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

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 students may be asked to submit 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. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 19/12/2023 10:41 a.m.