Bachelor of Business Bridging Murdoch University Commercial Law Study Guide

Bachelor of Business Bridging Murdoch University Commercial Law Study Guide

Bachelor of Business Bridging

Murdoch University

Commercial Law

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Content

Program Management———————————————————- 3

Module Specification and Content—————————————– 3

Content Overview: A Summary———————————————- 3

Learning Outcome————————————————————— 3

Teaching and Learning Arrangements———————————— 4

Study Resources—————————————————————— 4

Session Plan———————————————————————— 4

Attendance————————————————————————– 5

Quality Assurance—————————————————————- 5

Assessment Criteria————————————————————- 6

Assessment 1: Individual Assignment———————————– 6

Assessment 2: Examination————————————————— 9

Late Assignment Submission Penalty———————————— 11

Result Appeal———————————————————————- 12

Repeat Policy———————————————————————- 13

Grading Criteria——————————————————————– 14

Kaplan Singapore APA Referencing System—————————- 15

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Program Management

Should you have any queries, please contact: Email : Murdoch-Bridging@kaplan.com Query response time : 1 working day

Module Specification and Content

Content Overview: A Summary

The aim of this module is to introduce the student to basic principles of law and cover the major aspects of law relating to businesses. Students would be exposed to principles of Contract Law, Sale of Goods, Law of Agency and Tort of Negligence. The main aim is to enable the student to have a firm grasp of important theories and how it can be applied practically within a business organisation. Given the depth and breath of business laws and the fact that the subject is pursued by non-legally trained candidates, the focus will be more on Contract Law, Sale of Goods Law and Agency – areas which are most practical in a business context.

Learning Outcome

By the end of this module, students should be able to: • Have a clear understanding of the nature of law, and how it is an integral part

of human existence; • Understand the importance of law in everyday transactions, in particular when

engaging in business contracts; and • Be aware of the legal rights of both business entities and individuals, as well

as an understanding of the remedies available should any of these rights be infringed. mailto:Murdoch-Bridging@kaplan.com

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Teaching and Learning Arrangements The following teaching methodologies will be adopted: The seminar sessions will be delivered in a classroom setting. Students will be encouraged to participate in class interaction and study group discussion. Most sessions are divided into two halves: First half of the session will be dedicated to cover the theoretical concepts for the topic and the second half will be used for group discussions. Discussions will be based on the reading materials corresponding to the topic. For other sessions students will be given mini case studies followed up with a set of questions. Students will be asked to present their answers in small groups to the rest of the class. The seminar sessions will be delivered in a classroom setting. Students are encouraged to participate in class interaction and study group discussion.

Study Resources

The following study materials are provided: 1 copy: Study guide & slides Recommended textbook

Title Singapore Business Law Author Tabalujan & Du Toit-Low Edition 4th Edition Publisher Business Law Asia

Lectures Topics

Lecture 1 (Day 1)

Introduction; Essentials of a Contract: Offer & Acceptance; Essentials of a Contract: Consideration & Intention; Privity; Terms of a Contract: Express & Implied Terms.

Lecture 2 (Day 2)

Classification of Terms: Conditions & Warranties; Exemption Clauses of a Contract; Factors Vitiating a Contract: Incapacity, Illegality, Misrepresentation, Duress, Undue Influence, & Mistake

Lecture 3 (Day 3)

Discharge of a Contract: Performance & Agreement; Breach & Frustration; Remedies for Breach of Contract; Law of Agency.

Lecture 4 (Day 4)

Sale of Goods; Tort of Negligence, Business Organisations

Session Plan

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Attendance

Students are strongly encouraged to diligently attend all classes. You are required to achieve at least 75 % attendance for this module. The School will not organize revision classes nor guarantees the continual offering of this program. Students will have to rely on their own resources in situations where it becomes necessary to make-up for missed lessons due to absenteeism. In addition, for students under the SDF scheme, you are required to submit supporting documents, medical certificates or formal letter from company if you fail to attend any of the session.

Quality Assurance

Quality assurance is addressed by many procedures covering all levels of the student experience, from entering the School to leaving with final certification. In particular, there is a formal evaluation that students are asked to complete near the end of each module. This gauges the student’s considered opinions on the lecturer, the module and the school support. Students are asked to be positive in their comments, i.e. to support them with how any area of concern could be improved. The School also values informal feedback and comments on the lecturer, the module and the school support. All feedback is confidential. The lecturer will not have access to your feedback prior to results release. Again, constructive comments are requested. Your evaluation and feedback will result in future improvement for the next batch of students.

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Assessment Criteria

Assessment 1: Individual Assignment

Weightage 50%

Submission Deadline Refer to Timetable Word Limit 1200 to 1500 words

Individual Assignment This will be provided separately by the lecturer at the commencement of the first class.

Score : 0 to 1 Score : 2 to 3 Score : 4

INTRODUCTION: Students to provide overview of the particular area and the gereral requirements with governing legal principles. For example, if the assignment is on “Formation of Contract”, there must be mention of the requirements of Offer, Acceptance, Consideration and Intention to create Legal relations.

No introduction or not relevant

An introduction that is relevant but superficial and / or incomplete.

Complete and provides a succcint relevant introduction that fully addresses the question

/4

Score : 0 to 1 Score : 2 to 3 Score : 4

ISSUES: Students are to identify and explain the main legal issue as well as the sub- issue(s).

Issues / sub-issues wrongly identified or incomplete and / or minimal elaboration

Could identify the main issues but not the sub- issues and no in-depth elaboration

Identified all the issues / sub- issues with sufficient elaboration

/4

Score : 0 to 3 Score : 4 to 7 Score : 8 to 10

RELEVANT LAW: This includes relevant case-laws and statutes.

No mention of authorities, wrong and / or irrelevant legal principles without elaboration

Some mention of authoriries but without showing contrasting authorities and insufficient elaboration

Correct and complete mention of relevant authorities with sufficient elaboration of the legal principles

/10

Score : 0 to 3 Score : 4 to 7 Score : 8 to 10

APPLICATION: There must be application of the law to the facts of the question with supporting arguments to justify the conclusion.

No / minimal or wrong arguments. No / minimal or wrong reference to pertinent facts

Some arguments / reference and application of the law to the facts but insufficient and not critical

Good critical arguments and application of the law to the facts of the question

/10

Score : 0 to 1 Score : 2 to 3 Score : 4

CONCLUSIONS No or wrong conclusion

Correct conclusion but which does not tie-in with the above arguments or with the law

Correct conclusion that is well-reasoned and supported by the above arguments

/4

Score : 0 to 3 Score : 4 to 7 Score : 8 to 10

ORGANISATION

submission lacks clear organisation and / or undefined paragraphs, and / or little or no headings

submission is somewhat organised with reasonable paragraphs, and has headings

submission is very organised with well constructed paragraphs, and has clear headings

/10

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Score : 0 to 1 Score : 2 to 3 Score : 4

WORD LENGTH the specified word length for each section is more than 20% higher or lower

the specified word length for each section is less than 20% higher or lower

the specified word length for each section is less that 10% higher or lower

/4

REFERENCES

No APA style in-text citations used throughout document. No reference list

limited APA style in-text citations used throughout document. Limited reference list

excellent APA style in-text citations used throughout document. Full reference list

/4

ADDITIONAL COMMENTS / FEEDBACK

50

Assignment: Academic Violations These refer to: 1. Plagiarism: copying of another person’s writings or works or ideas from textbooks,

readings, journals, newspapers, internet or any other media without proper referencing and/or permission from the author(s).

2. Collusion: When an agreement is formed between two or more parties for a fraudulent purpose. This includes, but not limited to: a. presentation of work that has been obtained improperly b. falsified data/information c. obtaining significant assistance from another person in an unacceptable

manner d. providing assistance to fellow students in an unacceptable manner

3. Conduct which is disruptive of or which may disrupt teaching or study. 4. Conduct which interferes, or is likely to interfere, with the administration or the good

order of the School. 5. Misuse of a Student Card, or impersonation or activities involving false pretences

or dishonesty.

6. Use of language discriminating on ethnic background, gender, disability or sexual orientation.

The School recommends the use of the APA Referencing System. Please refer to the appended in this Study Guide

Assessment 2: Examination

Weightage 50%

Exam Date Refer to Timetable

Exam Duration 3 hours

Reading Time 10 minutes

Format Open Book

Exam Policies 1. Students are advised to arrive at the examination room at least 15 minutes before

the start of the examination. 2. If students are more than 30 minutes late without good reason, they will not be

permitted to enter the examination room. 3. Students are not allowed to leave the examination room during the first 30 minutes

and last 30 minutes of the examination. 4. Students have to produce a photo ID. Failure to produce one will risk student being

denied attendance for the examination. (Student Access Card & Passport are allowed)

5. Only the necessary writing materials are permitted. Pencil cases, hand phones, PDA and other electronic gadgets are not allowed.

6. Any student found in possession of unauthorized materials during the examination will have these confiscated regardless of whether the student uses these materials.

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7. Students are to write answers in blue or black ink. Examination scripts written in pencil or other inks will not be marked.

8. Students must not write their names on exam answer booklet. Please only write the student ID number issued by KHE for identification

9. Students are not allowed to remove any pages from the answer booklet. All unused or partially used answer booklets are to be returned at the end of the exam.

10. No food and drinks are allowed into the examination room. 11. Results will be released within 45 days from the date of the examination via the

Update. Telephone enquiries will not be entertained. 12. A Fail grade will be awarded for failure to attend an exam without a valid reason

that is supported by legitimate documents. 13. Only under exceptional circumstances will students be allowed to see their marked

scripts. 14. Any reference materials in paper form are allowed (all electronic devices are NOT

allowed). Examination: Academic Violations These refer to: 1. Cheating. 2. Collusion: When an agreement is formed between two or more parties for a

fraudulent purpose. This includes, but not limited to: a. obtaining significant assistance from another person in a manner unacceptable b. providing assistance to fellow students in a manner unacceptable

3. Conduct which is disruptive of or which may disrupt teaching or study. 4. Conduct which interferes, or is likely to interfere, with the administration or the good

order of the School. 5. Misuse of a Student Card, or impersonation or activities involving false pretences

or dishonesty. 6. Absence without notification. If any student is caught cheating in the examination or assignment, he/she will not be allowed to sit the supplementary exam. The student has to repeat the whole module directly and pay the repeat fee (refer to student’s contract). Students who do not submit assignment and/or are absent for exam without providing any valid reasons (MC or Leave) will not be allowed to sit for the supplementary exam. The student has to repeat the whole module directly with future intakes and pay the repeat fee (refer to student’s contract). This is to ensure that maximum academic effort is contributed by students to learn and pass each module. Passing Requirement To Pass this Module, students must obtain minimum 50 marks in their overall results. This is equivalent to a “Pass” grade

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Late Assignment Submission Penalty

Please note that assignments handed in later than the due date would have zero marks awarded. Students who do not submit assignment would have to provide valid documentations (MC or Leave application for example, before due date) to Program Management and your request will be assessed on a case-to-case basis.

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Result Appeal

Students who wish to appeal a final grade should write to their Programme

Manager within 10 days of the results being released.

Students will be charged an appeal fee ($160.50 per module)

Students must provide detailed reasons for the appeal.

An appeal against a grade will not be granted under the following

circumstances:

 Students do not meet the assessment criteria and attendance requirements

for the module

 Where there has been any finding relating to academic dishonesty including

examination cheating or plagiarism

The programme manager will pass the application to the examinations officer

who will verify that the fee has been paid, that detailed academic reasons exist

and that the student is eligible to appeal and has not been disqualified by the

above circumstances. Having reached that conclusion, the examinations officer

will organize a second marker to remark the assessment item.

If the student is not satisfied with the outcome of the second marking, the

student may lodge a formal appeal providing detailed reasons with the Appeals

Committee (appealscommittee.sg@kaplan.com) within 10 days of being

notified of the outcome of the second marking.

If the student is still not happy with the outcome of the appeal, he may approach

Singapore Mediation Centre and Singapore International Arbitration Centre for

solution.

http://www.mediation.com.sg/Med-Arb_Service.htm mailto:appealscommittee.sg@kaplan.comhttp://www.mediation.com.sg/Med-Arb_Service.htm

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Repeat Policy

A student is allowed to re-sit on the exam in which he obtained an ‘F’ grade. The fee of $150 + prevailing GST is applicable should a student obtained an ‘F’ grade in the exam component. Assessment A supplementary paper will be set

Supplementary Paper fee $150 + prevailing GST

Supplementary Exam To be advised

Repeat fee $480 + prevailing GST

If you pass the supplementary paper, you will receive a supplementary pass no matter how many marks you obtained. If you fail the supplementary paper again, you need to repeat the module with the next available intake.

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Grading

MARKS GRADE PERCENTAGE STANDARD

HD High

Distinction 85% – 100%

The student is above the specified learning requirement for a Distinction grade and demonstrates exceptional research skills and an exceptional ability to synthesise evaluate and integrate knowledge and demonstrate originality.

D Distinction 75% – 84%

The student is above the specified learning requirements for a Credit grade and demonstrates distinctive research skills and a distinctive ability to synthesise evaluate and integrate knowledge and demonstrate originality.

CR Credit 65% – 74%

The student is above the specified learning requirements for a Pass grade, has very good research skills, and has the ability to analyse and apply skills and concepts described in the study guide. The student has some ability to synthesise, evaluate and integrate knowledge and demonstrate originality.

P Pass 50% – 64%

Learning requirements specified have been met at a basic, satisfactory or competent level. The student work is of sufficient quality able to enable him/her to move to later modules.

F Fail 0 – 49% Learning requirements specified in the module study guide have not been met.

WD Withdrawn Drop

WR Withdrawn Remodule

I Incomplete

Withdrawn Drop: The student is enrolled in the module beyond week 2 of the term and thereafter withdraws/drops out of the module. Withdrawn Remodule: The student is enrolled in the module beyond week 2 of the term and thereafter decides to re-module for the same module in the upcoming term. In certain circumstances the grade of “I” or “Incomplete” is granted to students making sufficient academic progress and experiencing extenuating circumstances. Sufficient academic progress is defined as having approximately 75% of coursework completed prior to the end of the term. Students may choose to discuss the need for an “Incomplete” with their Programme Management Executive or Academic Head. In all cases, the student should initiate