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代写 TABL1710 BUSINESS AND THE LAW
CRICOS Code 00098G
TABL1710
BUSINESS AND THE LAW
Course Outline
Semester 2, 2016
Part A: Course-Specific Information
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CRICOS Code 00098G
PART A: COURSE SPECIFIC INFORMATION
1 STAFF CONTACT DETAILS
Position Name Email Consultation Hours
Lecturers Lyn Brady
Paul Tuohy
By appointment
Other lecturers who deliver lectures will provide students with their contact details, as
required. Tutors will provide students with their contact details in the first tutorial class.
1.1. Communication with Staff
In the first instance, students should consult with their own allocated tutor.
Students may also refer questions to the Lecturer-in-Charge. Students will also be able
to consult with staff during their official face-to-face consultation hours in weeks 7, 8,
12, 13 and in the pre-exam study period (‘stuvac’) (see Tutorial Program for details) or
can make contact with their tutor by email to make an appointment for an alternative
time.
Students may contact staff by email using their official university email address.
Students should note however, that email is not an appropriate medium for
learning and emails to staff should be limited to short questions that can be
answered briefly, and as far as possible with a yes/no answer. Do not expect
staff to reply to emails that request extensive or substantive answers. Such
questions should be directed to staff during tutorials or consultation hours.
Do not expect a response to a question that can be answered by reading this
course outline, the tutorial guide or other information posted on the Moodle.
1.2. Course website
This course has a website on Moodle. You can log on at www.telt.unsw.edu.au. You
should check the site regularly. You should also check your UNSW emails regularly.
2 COURSE DETAILS
2.1 Teaching Times and Locations
LECTURE DAY TIME LOCATION
Stream A Monday 12pm to 2pm Science Theatre
Stream B Wednesday 3pm to 5pm Science Theatre
Two lecture streams are available in this course. Students must attend EITHER
the stream A lecture OR the stream B lecture, in accordance with their enrolment.
NOTE: Tutorials start in Week 2 (to Week 13 inclusive).
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2.2 Units of Credit
This course is worth 6 credit points.
2.3 Summary of Course
TABL 1710 Business and the Law is the foundation course offered by the School
of Taxation and Business Law. There are no pre-requisites for this course.
This course focuses on the Australian legal system. In particular, the course
considers the different sources of law and the different systems of law; the
Commonwealth Constitution and Commonwealth/State relations; the role of
Parliament in making statute law; the Australian court system and the role of the
judiciary in making “case law”; and the role of the executive (government). Areas
of substantive law relevant to commerce and business dealings that are examined
in detail include contract law, tort law (with particular reference to negligence),
property law, consumer law and competition law.
NOTE: STUDENTS ENROLLED IN THE UNSW COMBINED LAW BComm/LLB)
PROGRAM ARE NOT PERMITTED TO ENROL IN THIS COURSE
3 COURSE AIMS AND RELATIONSHIP TO OTHER COURSES
This course is important for anyone interested in pursuing a career in business. It
will provide students with an understanding of the relationship of the law to
business. Particular emphasis will be given to understanding legal reasoning and
argument. This course will also introduce students to the legal method of writing,
analysis and research. In addition, the knowledge and skills developed in this
course will be essential for successful study of other business law or taxation
courses for those students who are interested in undertaking other courses
offered by the School of Taxation and Business Law.
The following topics are also relevant to other courses offered by the School of
Taxation and Business Law.
TABL 1710 Topic Course Name Course Number
Contract Law
Business Entities TABL 2741
Business Law in Action TABL 2721
Business Taxation TABL 2751
Law of Banking and Finance TABL 3761
International Business Law TABL 3791
Consumer Protection
Marketing and Distribution Law TABL 2731
Franchising TABL 2732
Business Entities TABL 2741
Business Law in Action TABL 2721
Competition Law
Marketing and Distribution Law TABL 2731
Franchising TABL 2732
Business Entities TABL 2741
Business Law in Action TABL 2721
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TABL 1710 Topic Course Name Course Number
International Business Law TABL 3791
Property Law
Business Law in Action TABL 2721
Intellectual Property for Business TABL 3871
Business Taxation TABL 2751
Law of Banking and Finance TABL 3761
International Business Law TABL 3791
Tort Law (Negligence)
Business Law in Action TABL 2721
Marketing and Distribution Law TABL 2731
The study of business law and taxation is essential for attaining a deep and wellrounded
understanding of the other disciplines offered by the Australian School of
Business.
Accounting - This course is recognised by CPA and ICAA as satisfying their
educational requirements for admission to their associations.
Banking and Finance - All financial transactions are based upon a legal framework
that allows for property rights to be leveraged and transferred. This course provides
students with the knowledge and skills needed to understand how various financial
transactions are used.
Marketing - Modern marketing practices must operate within the confines of the tort
law, contracts and the Competition and Consumer Act 2010, for which this course
provides an overview.
Information Systems - This course provides an overview of intellectual property which
is the fundamental legal mechanism for ownership and exploitation of commercial
information.
Organisation and Management - This course provides an understanding of the legal
system under which management and organisations operate.
Economics - This course provides students with an overview of the operation of the
legal system which will enhance your understanding of the legal framework within
which the economy operates.
Risk and Actuarial Studies - This course develops skills in interpreting and applying
complex legislation which is an important skill for actuaries as well as considering the
role of insurance in tort law.
4 STUDENT LEARNING OUTCOMES
The Course Learning Outcomes are what you should be able to DO by the end of this
course if you participate fully in learning activities and successfully complete the
assessment items.
The Learning Outcomes in this course also help you to achieve some of the overall
Program Learning Goals and Outcomes for all undergraduate students in Business.
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Program Learning Goals are what we want you to BE or HAVE by the time you
successfully complete your degree (e.g. ‘be an effective team player’).
You demonstrate this by achieving specific Program Learning Outcomes - what you
are able to DO by the end of your degree (e.g. ‘participate collaboratively and
responsibly in teams’).
Business Undergraduate Program Learning Goals and Outcomes
1. Knowledge: Our graduates will have in-depth disciplinary knowledge
applicable in local and global contexts.
You should be able to select and apply disciplinary knowledge to business situations in
a local and global environment.
2. Critical thinking and problem solving: Our graduates will be critical thinkers
and effective problem solvers.
You should be able to identify and research issues in business situations, analyse the
issues, and propose appropriate and well-justified solutions.
3. Communication: Our graduates will be effective professional communicators.
You should be able to:
a. Prepare written documents that are clear and concise, using appropriate style
and presentation for the intended audience, purpose and context, and
b. Prepare and deliver oral presentations that are clear, focused, well-structured,
and delivered in a professional manner.
4. Teamwork: Our graduates will be effective team participants.
You should be able to participate collaboratively and responsibly in teams, and reflect
on your own teamwork, and on the team’s processes and ability to achieve outcomes.
5. Ethical, social and environmental responsibility: Our graduates will have a
sound awareness of the ethical, social, cultural and environmental implications
of business practice.
You should be able to:
a. Identify and assess ethical, environmental and/or sustainability considerations
in business decision-making and practice, and
b. Identify social and cultural implications of business situations.
For more information on the Undergraduate Program Learning Goals and Outcomes,
see Part B of the Course Outline.
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The following table shows how your Course Learning Outcomes relate to the overall
Program Learning Goals and Outcomes, and indicates where these are assessed (they
may also be developed in tutorials and other activities):
Program Learning
communication
Construct written work which is logically
and professionally presented.
Tutorial Problems
In-Class Quiz
Assignment
Final Exam
3b Oral
communication
Communicate ideas in a succinct and
clear manner.
Class Presentation
and part of tutorial
participation mark
but not separately
assessed.
4 Teamwork
Work collaboratively to complete a task. Class Presentation
and part of tutorial
participation mark
but not separately
assessed.
of promoting student-centred learning.
This aim will be achieved by requiring students to engage with the topics
presented in the course through set weekly readings and, as required,
independent research.
While the assessment in this course is designed to test students’ knowledge of the
key principles that establish the framework of common commercial transactions,
the primary focus of the assessment regime is to test how well students can apply
legal principles and practices in a realistic commercial context.
6 LEARNING ACTIVITIES AND TEACHING STRATEGIES
6.1 Lectures
Lectures are an essential part of learning. Lectures do not summarise or replace the
required reading in the textbook.
STUDENTS SHOULD NOT MERELY RELY ON THEIR LECTURE NOTES. The
readings from the textbook place the lecture material in its proper context and provide
the full understanding of the topic that is needed for successful completion of the
course.
The purpose of the lecture is to highlight key aspects of the course, not to fully
explain the week’s topic. Students are expected to read and study the prescribed text
and reading material provided and to engage with sources outside of their prescribed
text, such as information on the internet. Students should not assume that material not
covered in the lectures is either unimportant or not subject to assessment. The
assessment will cover all material dealt with in the course including the lectures, tutorial
work and the reading material.
6.2 Tutorials
Tutorials commence in Week 2 and continue to Week 13.
You should enrol in a tutorial through myUNSW. Students note: myUNSW does not
allow for allocated class times to clash. Therefore, you will not be allowed to change
your tutorial time if you cite clashing times as your reason. If for some reason you are
unable to attend your assigned tutorial, or you are not enrolled in a tutorial, you should
contact the Lecturer-in-Charge. Tutorial allocations will not be changed after the
end of Week 2.
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Students must attend their allocated tutorial and no other. In exceptional circumstances
(illness, compassionate grounds) a student may be permitted to attend a make-up
tutorial. Students attending other tutorials without permission will not be marked for
attendance at that tutorial. This makes it essential that you ensure that you are
allocated to a tutorial. The tutorial assessment will be based upon the official myUNSW
allocated tutorial class lists.
Topics and problems for each week are set out in the Tutorial Guide.
As a general rule, tutorials will deal with issues lectured on in the previous week. The
purpose of the questions in the tutorial program is to help you to interpret and apply the
previous week’s lecture material. The tutorial problems and discussion questions also
allow you to practise for the final exam, which will consist of similar questions. Note:
there will be no suggested answers given out to the tutorial questions. Do not ask
for answers to the tutorial questions to be given out or posted on Moodle. The purpose
of the questions is to allow you to apply the course material and gauge your own level
of competence. Simply giving you the suggested answers will defeat this purpose.
Each topic/problem must be prepared for discussion in class by each student using the
prescribed readings and the lecture notes for the relevant topic. It is your responsibility
to prepare for tutorials so that you are able to make a valuable contribution to class
activities. The tutorials are not designed as a repeat lecture. The tutorials are provided
to give students the opportunity to work through any problems/issues that may be
outstanding after doing the required reading and attending the lecture.
A Discussion Forum will be set up for each tutorial class. Tutors will provide students
with information about how to use the Discussion Forum in the first tutorial. The use of
the Discussion Forum is voluntary however, students are encouraged to use it and to
continue to collaborate and to discuss lecture and tutorial topics with each other, online
and outside of class time.
7 ASSESSMENT
Total 100%
8.1 Task A: Course Participation during the semester
During tutorials, students will be encouraged to think about the course, to research and
apply legal principles to hypothetical fact situations and to communicate the outcome of
their research and thinking. These skills will all be useful to students in the workplace
and will also be essential to those students who decide to enrol in other law courses.
A total course participation worth 10 marks will be awarded for students’ contribution
to:
(1) In-class discussions in tutorials (5 marks)
(2) One tutorial presentation (to be done in groups) (5 marks)
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Students will be assessed on the following aspects:
(1) In-class discussions (5 marks):
Note: this is a mark for a student’s weekly participation in “in-class”
tutorials. This is not an attendance mark. Students who attend tutorials
regularly but do not contribute or speak, may get low or no marks.
This mark is separate from the tutorial presentation mark (see below)
and work done for the tutorial presentation will NOT be counted toward the
in-class discussion mark.
Students will be expected to contribute to discussion in at least ten out of
twelve tutorials between weeks 2-13 and will receive a maximum of 0.5
marks per class for contributions made in each tutorial class during the
semester.
Marks will be awarded for:
evidence of preparation of the tutorial problems as demonstrated by
the student’s ability to discuss and contribute to the discussion of
tutorial problems in class;
ability to work individually as well as part of a team.
(2) One Tutorial Presentation – to be done in groups (5 marks):
Students will be allocated to a group by their tutor in the first or second
tutorial and with their group, must prepare and present the answer to a
tutorial. Tutors will allocate a “tutorial presentation week” to each group.
NOTE:
This mark is separate from the in-class discussion mark (see
above) and work done for the tutorial presentation will not be
counted toward the in-class discussion mark.
If a student is absent on the day of his/her allocated oral tutorial
presentation, the tutor will allocate the student to another group and
the student will have to do a different presentation in a later tutorial
class.
Marks will be awarded to students individually, so each student in
the group will be required to present an aspect of the answer to the
class.
Marks will be awarded for each student’s:
(a) Individual contribution to the preparation of the group
presentation.
(b) Individual presentation - tutors will look for accuracy in terms
of:
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the issues/principles of law/relevant cases or statutory
provisions the student have identified and discussed (eg:
did the student identify all/most of the right issues and did
s/he accurately apply the relevant law to the question**);
the structure and clarity of expression in the individual
presentation (eg: could the class/tutor easily understand
and follow the student’s arguments etc).
(** For problem questions/case studies, tutors will also look at
whether students have used the Five Point Plan appropriately
and effectively.)
8.2 Task B: In-class Tutorial Quiz - week 4 of Monday 15 August 2016
This closed book quiz will be done IN TUTORIAL CLASSES during the week
commencing 15 August 2016 and is worth 5 marks.
Students will be assessed on lecture topics 1 (Role of Law in Business) and 2
(Statutory Interpretation and Legal Reasoning).
8.3 Task C: Major Assignment - due week 10, 5pm on Tuesday
4 October, 2016
The Major Assignment is worth 25 marks and must be submitted online.
Online submission is via Turnitin (see Moodle)
Check your plagiarism score, amend and re-submit your assignment as
required but the final version of your assignment must be submitted by
5pm on Tuesday 4 October 2016 (i.e. beginning of week 10). The version
that is available at 5pm on Tuesday 4 October 2016 will be deemed to be
your final version.
See paragraph 8.6 regarding Assignment Submission Procedure
This assignment will be a problem question that will require students to advise
on the legal liability of one or more parties. As such, this assignment will
assess students’ knowledge, critical thinking, problem solving and written
communication skills.
The assignment will also assist students in preparing for the exam (which will
contain problem questions in a similar format) and will allow students to
exercise their analytical, research and writing skills.
General comments
Students must refer to the style guide for written work attached as Appendix A
to this course outline when attempting assessment tasks.
One of the biggest problems affecting the success of students in law courses is
the lack of planning involved in researching and completing
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assignments/research papers. Frequently, students do not appreciate the
amount of work that is required to obtain a good result in research papers.
These research papers cannot be successfully completed in one or two days
before the due date because they require a considered and well-researched
written analysis of a topic. Students should expect to devote at least 2 full days
(16 hours) doing research and 2 or 3 full days (24 hours) writing the paper.
These are conservative estimates based on students who have a good
understanding of the course and excellent reading and writing skills.
The Assignment will be marked according to the following criteria:
Understanding the practical application of the law
Evidence of research beyond the textbook
Clarity of structure and argument
Evidence of a full and comprehensive argument taking into account
differing viewpoints and alternative arguments.
Appropriate use of footnotes and referencing.
8.4 Task D: Final exam at end of semester - date to be advised
The exam will be CLOSED BOOK.
The final exam is worth 60 marks and will cover lecture topics 3 to 12
inclusive. (NOTE: Lecture topics 1 (Role of Law in Business) and 2 (Statutory
Interpretation and Legal Reasoning) will be assessed in the week commencing
Monday 15 August 2016 by way of the In-Class quiz to be done in tutorials.
The exam will be held during the formal exam period at the end of the
semester. Students must ensure that they consult the exam timetable and
attend the exam at the scheduled time and place.
The exam will require students to be familiar with the methodology used for
legal analysis and the basic legal principles applied in the tutorials.
8.5 Assessment Format
You should refer to the style guide for written work attached as Appendix A to this
course outline in relation to the written parts of the assessment for this course.
8.6 Major Assignment Submission Procedure
The Major Assignment is due on Tuesday 4 October 2016 (ie: beginning of
week 10):
The Assignment must be uploaded onto Moodle (via Turnitin) by 5pm
on Tuesday 4 October 2016.
Submitting the assignment in electronic format will allow staff to check
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for plagiarism and to enforce the word limit.
Cover Sheet (attached at back of Course Outline) IS OPTIONAL.
8.7 Late Submission
Due Date & Time
Students are advised that assessment tasks submitted after 5pm on the due date will
UNSW Business is actively monitoring student learning and quality of the student
experience in all its programs. A random selection of completed assessment tasks may
be used for quality assurance, such as to determine the extent to which program
learning goals are being achieved. The information is required for accreditation
purposes, and aggregated findings will be used to inform changes aimed at improving
the quality of Business programs. All material used for such processes will be treated
as confidential and will not be related to course grades.
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9 COURSE RESOURCES
9.1 Prescribed Text
Andy Gibson and Douglas Fraser Business Law (Pearson, 9th ed, 2016) – Custom Text
for UNSW Business TABL 1710 Business and the Law.
PLEASE NOTE:
This is a new textbook for this course and is being used for the first time
in semester 1, 2016
As this textbook is a custom text that has been specially put together for this
course, it is only available at the UNSW Bookshop.
Copies purchased elsewhere will not have all the required printed chapters.
Students should not use previous textbooks that have been used in this
course.
9.2 Further Recommended Materials
Students may also wish to purchase the following overview of the Australian Legal
System:
Paul Latimer, Australian Business Law (CCH, 35th ed, 2016).
John Carvan, Understanding the Australian Legal System (Thomson Reuters,
7th ed, 2014).
Students who can read Chinese may also wish to purchase the following:
Kui Hua Wang, The International Student Guide to Business Law (Thomson
Reuters, 2007) (Note this book is written in Chinese)
There are also a number of other texts which students may find useful in helping them
to understand the various concepts covered in this course:
Brendan Pentony, Stephen Graw, David Parker, Keturah Whitford
Understanding Business Law (LexisNexis Butterworths, 6th ed, 2012)
Clive Turner and John Trone Australian Commercial Law (Thomson Reuters,
30th ed, 2014)
Daniel Khoury and Yvonne S Yamouni, Understanding Contract Law
(LexisNexis Butterworths, 8th ed, 2010)
John Carter Cases and Materials on Contract Law in Australia (Lexis Nexis
Butterworths, 6th ed, 2011)
John Carter Carter’s Guide to Australian Contract Law (Lexis Nexis
Butterworths, 2nd ed, 2010)
These books are available for purchase in the bookshop. The library also has a small
number of copies on reserve.
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9.3 UNSW Library
Relevant resources can also be accessed though the UNSW Library website:
http://info.library.unsw.edu.au/web/services/services.html.
10 COURSE EVALUATION AND DEVELOPMENT
Each year feedback is sought from students and other stakeholders about the courses
offered in the School and continual improvements are made based on this feedback.
One way in which student feedback is gathered is through the course and teaching
evaluation questionnaires (CATEI) filled in by students at the end of each semester.
For example, in a previous CATEI evaluation of the previous introductory business law
course, students requested more guidance in relation to how to solve legal problems.
As a result, the Five Step Plan was developed and introduced. In another CATEI
evaluation, some students requested a Discussion Forum be set up so that they have
the chance to continue to collaborate with their colleagues (and tutor) after class. A
Discussion Forum has been set up for each tutorial group.
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11 COURSE SCHEDULE
WK Lecture date Lecture topics Topic information
1
26 July or
28 July
Introduction: The
Role of Law in
Business
The Legal Framework and Legal Systems
The Australian Constitution and the separation of powers
The Parliament, the Executive and the Judiciary
2
1 or3 August
TUTORIALS
COMMENCE
Statutory
Interpretation &
Legal Reasoning
How Law is Made
Statutory interpretation and Judicial decision making
Legal problem solving and conducting legal research
3 8 or 10 August Law of Contracts
Introduction to Contracts
Requirements for a valid contract
4
15 or 17
August
Law of Contracts
(cont’d)
Terms of a contract
Conditions and Warranties
Exclusion clauses
CLOSED BOOK In-Class Quiz on Lecture Topics 1 and 2 to be
held in Tutorials this week
5
22 or 24
August
Law of Contracts
(cont’d)
Is the Contract Legal
Rights and Liabilities of the Parties
Remedies for breach of contract
6
29 or 31
August
Law of Contracts
(cont’d)
Employment Contracts
7
5 or 7
September
Property Law
What is property?
Ownership of land
Intellectual property
8
5 or 7
September
Consumer
Protection Law
Scope of the Australian Consumer Law (Sch 2, Competition and
Consumer Act 2010 (Cth))
Misleading or deceptive conduct
Unconscionable conduct
Misrepresentations under the Australian Consumer Law
9
19 or 21
September
Restrictive Trade
Practices and
Competition Law
Part IV of the Competition and Consumer Act 2010 (Cth)
Authorising anti-competitive activity
Enforcement procedures and remedies
Mid-semester break: 24 September – 2 October (inclusive)
Public holiday: 3 October
MAJOR ASSIGNMENT DUE TUESDAY 4 October 2016 (Beginning of week 10)
10 3 or 5 October
Civil Liability and
Tort Law
General principles
Negligence and duty of care
Statutory modification through the Civil Liability Act 2002 (NSW)
11 10 12 October
Tort Law (cont’d):
Professional
Negligence and
Economic Loss
Standard of care for professionals
Recovery for economic loss
12
17 or 19
October
Business
Structures
Choosing a business entity
13 No lectures LAST WEEK OF TUTORIALS
COURSE READINGS:
Weekly readings are provided in each lecture for the following week – see the lecture
slides on Moodle.
.
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PART B. KEY POLICIES, STUDENT RESPONSIBILITIES
AND SUPPORT
12 PROGRAM LEARNING GOALS AND OUTCOMES
The Business School Program Learning Goals reflect what we want all students to BE or
HAVE by the time they successfully complete their degree, regardless of their individual
majors or specialisations. For example, we want all our graduates to HAVE a high level of
business knowledge, and a sound awareness of ethical, social, cultural and environmental
implications of business. As well, we want all our graduates to BE effective problem-solvers,
communicators and team participants. These are our overall learning goals for you and are
sought after by employers.
You can demonstrate your achievement of these goals by the specific outcomes you achieve
by the end of your degree (e.g. be able to analyse and research business problems and
propose well-justified solutions). Each course contributes to your development of two or more
program learning goals/outcomes by providing opportunities for you to practise these skills
and to be assessed and receive feedback.
Program Learning Goals for undergraduate and postgraduate students cover the same key
areas (application of business knowledge, critical thinking, communication and teamwork,
ethical, social and environmental responsibility), which are key goals for all Business
students and essential for success in a globalised world. However, the specific outcomes
reflect different expectations for these levels of study.
We strongly advise you to choose a range of courses which assist your development of
these skills, e.g., courses assessing written and oral communication skills, and to keep a
record of your achievements against the Program Learning Goals as part of your portfolio.
Business Undergraduate Program Learning Goals and Outcomes
1. Knowledge: Our graduates will have in-depth disciplinary knowledge applicable in local and
global contexts. You should be able to select and apply disciplinary knowledge to business situations in
a local and global environment.
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13 ACADEMIC HONESTY AND PLAGIARISM
The University regards plagiarism as a form of academic misconduct, and has very strict rules
regarding plagiarism. For UNSW policies, penalties, and information to help you avoid plagiarism see:
https://student.unsw.edu.au/plagiarism as well as the guidelines in the online ELISE tutorials for all
new UNSW students: http://subjectguides.library.unsw.edu.au/elise
To see if you understand plagiarism, do this short quiz:
https://student.unsw.edu.au/plagiarism-quiz
For information on how to acknowledge your sources and reference correctly, see:
https://student.unsw.edu.au/harvard-referencing
For the Business School Harvard Referencing Guide, see the Business Referencing and Plagiarism
webpage (Business >Students>Learning support> Resources>Referencing and plagiarism).
14 STUDENT RESPONSIBILITIES AND CONDUCT
Students are expected to be familiar with and adhere to university policies in relation to class
attendance and general conduct and behaviour, including maintaining a safe, respectful
environment; and to understand their obligations in relation to workload, assessment and
keeping informed.
Information and policies on these topics can be found in UNSW Current Students ‘Managing
your Program’ webpages: https://student.unsw.edu.au/program.
14.1 Workload
It is expected that you will spend at least nine to ten hours per week studying this course.
This time should be made up of reading, research, working on exercises and problems,
online activities and attending classes. In periods where you need to complete assignments
or prepare for examinations, the workload may be greater. Over-commitment has been a
cause of failure for many students. You should take the required workload into account when
planning how to balance study with employment and other activities.
We strongly encourage you to connect with your Moodle course websites in the first week
of semester. Local and international research indicates that students who engage early and
often with their course website are more likely to pass their course.
Information on expected workload: https://student.unsw.edu.au/uoc
14.2 Attendance
代写 TABL1710 BUSINESS AND THE LAW
Your regular and punctual attendance at lectures and seminars is expected in this course.
University regulations indicate that if students attend less than 80% of scheduled classes
they may be refused final assessment. For more information, see:
https://student.unsw.edu.au/attendance
14.3 General Conduct and Behaviour
You are expected to conduct yourself with consideration and respect for the needs of your
fellow students and teaching staff. Conduct which unduly disrupts or interferes with a class,
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such as ringing or talking on mobile phones, is not acceptable and students may be asked to
leave the class. More information on student conduct is available at:
https://student.unsw.edu.au/conduct
14.4 Health and Safety
UNSW Policy requires each person to work safely and responsibly, in order to avoid
personal injury and to protect the safety of others. For more information, see
http://safety.unsw.edu.au/.
14.5 Keeping Informed
You should take note of all announcements made in lectures, tutorials or on the course web
site. From time to time, the University will send important announcements to your university
e-mail address without providing you with a paper copy. You will be deemed to have
received this information. It is also your responsibility to keep the University informed of all
changes to your contact details.
15 SPECIAL CONSIDERATION
You must submit all assignments and attend all examinations scheduled for your course. You
should seek assistance early if you suffer illness or misadventure which affects your course
progress.
General information on special consideration for undergraduate and postgraduate
courses:
1. All applications for special consideration must be lodged online through myUNSW
within 3 working days of the assessment (Log into myUNSW and go to My
Student Profile tab > My Student Services > Online Services > Special
Consideration). You will then need to submit the originals or certified copies of your
completed Professional Authority form (pdf - download here) and other supporting
documentation to Student Central. For more information, please study carefully in
advance the instructions and conditions at: https://student.unsw.edu.au/specialconsideration
2. Please note that documentation may be checked for authenticity and the submission
of false documentation will be treated as academic misconduct. The School may ask
to see the original or certified copy.
3. Applications will not be accepted by teaching staff. The lecturer-in-charge will be
automatically notified when you lodge an online application for special consideration.
4. Decisions and recommendations are only made by lecturers-in-charge (or by the
Faculty Panel in the case of UG final exam special considerations), not by tutors.
5. Applying for special consideration does not automatically mean that you will be
granted a supplementary exam or other concession.
6. Special consideration requests do not allow lecturers-in-charge to award students
additional marks.
Business School policy on requests for special consideration for Final Exams in
undergraduate courses:
The lecturer-in-charge will need to be satisfied on each of the following before supporting a
request for special consideration:
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1. Does the medical certificate contain all relevant information? For a medical certificate to
be accepted, the degree of illness, and impact on the student, must be stated by the
medical practitioner (severe, moderate, mild). A certificate without this will not be valid.
2. Has the student performed satisfactorily in the other assessment items? Satisfactory
performance would require at least. As stated at paragraph 7.1 in Part A, satisfactory
performance in this course means students must achieve a total mark of at least
50/100, must meet the obligation to have attended 80% of lectures and allocated
tutorials AND must have made a satisfactory attempt at all assessment tasks.
3. Does the student have a history of previous applications for special consideration? A
history of previous applications may preclude a student from being granted special
consideration.
Special consideration and the Final Exam in undergraduate courses:
Applications for special consideration in relation to the final exam are considered by a
Business School Faculty panel to which lecturers-in-charge provide their recommendations
for each request. If the Faculty panel grants a special consideration request, this will entitle
the student to sit a supplementary examination. No other form of consideration will be
granted. The following procedures will apply:
1. Supplementary exams will be scheduled centrally and will be held approximately two
weeks after the formal examination period. The dates for Business School
supplementary exams for Semester 2, 2016 are:
6th December – exams for the School of Accounting
7th December – exams for all Schools except Accounting and Economics
8th July – exams for the School of Economics
If a student lodges a special consideration for the final exam, they are stating they will
be available on the above dates. Supplementary exams will not be held at any other
time.
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The Business School’s Special Consideration and Supplementary Examination Policy and
Procedures for Final Exams for Undergraduate Courses is available at:
www.business.unsw.edu.au/Students-
Site/Documents/supplementary_exam_procedures.pdf.
Special consideration and assessments other than the Final Exam in undergraduate
courses:
See Part A, paragraph 8.7 on Late Submission.
Students should contact the Lecturer-in-Charge in respect of special consideration requests
for assessments OTHER THAN THE FINAL EXAM and where such assessments are worth
20% (or less) for the course.
16 STUDENT RESOURCES AND SUPPORT
The University and the Business School provide a wide range of support services for
students, including:
Business School Education Development Unit (EDU)
https://www.business.unsw.edu.au/students/resources/learning-support
The EDU provides academic writing, study skills and maths support specifically for Business
students. Services include workshops, online resources, and individual consultations. EDU Office:
Business Student Centre https://www.business.unsw.edu.au/students/resources/student-centre
Provides advice and direction on all aspects of admission, enrolment and graduation. Office: Level
1, Room 1028 in the Quadrangle Building; Phone: 9385 3189.
Moodle eLearning Support
For online help using Moodle, go to: https://student.unsw.edu.au/moodle-support. For technical
UNSW Learning Centre www.lc.unsw.edu.au
Provides academic skills support services, including workshops and resources, for all UNSW
students. See website for details.
Library training and search support services
http://info.library.unsw.edu.au/web/services/services.html
IT Service Centre: Provides technical support for problems logging in to websites, downloading
1. You MUST keep a hard copy your Major Assignment.
2. A margin of at least 2.5 cm should be left along the left hand side of each page.
3. Written answer papers must be either clearly written or typed. Typing should be double
spaced, no smaller than 12-point font and on one side of the page only.
4. The preferred binding of the written answer is a single staple in the top left hand corner.
No other binding is required. Written answers presented in any other form of binding may
be removed from that binding to facilitate marking. In such circumstances the additional
binding will not be returned to you.
5. Computer or printer failure is not an acceptable special circumstance for an extension of
time. You are expected to make back-up copies of your written answer and have
contingency plans for any potential printing problems.
Length
1. The Major Assignment has a maximum word limit of 2000 words.
2. A word count must be recorded on the cover sheet.
3. Written answers must be kept to the prescribed word limit. A word limit does not include
footnotes or bibliography.
4. If material submitted exceeds the prescribed limit the marker may:
require you to revise and edit the work to the prescribed requirements, and/or
stop marking at the word limit, and/or
penalise you for exceeding the word limit by deducting 2 marks. Be aware that this is
the most likely result.
Footnotes, Quoting and Copying
1 in that source is being paraphrased;
the source is being used as authority to support a student's proposition or argument;
Footnotes that represent digressions from the main argument should be kept to a minimum.
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Citation of Articles1/Cases2/ Books3/Legislation4
For TABL 1710 assignments, students should use footnote citations. For examples of how to
use footnote citations, please see examples below in the footer at the bottom of this page.
All students are asked to please use this method of referencing.
1. Example 1 in the footer below shows how to correctly reference journal articles (NOTE:
also see below for referencing of online journal articles).
2. Example 2 in the footer below shows how to correctly reference cases
(NOTE: cases must be cited this way, even if you have found the case from an online
site).
3. Example 3 in the footer below shows how to correctly reference books.
4. Example 4 in the footer below shows how to correctly legislation.
(NOTE: legislation must be cited this way, even if you have found the case from an online
site).
Referencing Books
1. Books should be cited as per the example below:
Latimer P Australian Business Law, 33rded, 2014, CCH Australia at [insert page or
paragraph number]
2. If the text is discussing a case then the reference should be:
Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (1997) 188 CLR 241
as cited in Latimer P Australian Business Law, 34th ed, 2015, CCH Australia at
[insert page or paragraph number]
Referencing online journal articles
Articles appearing in journals that are only available online should be cited in the same manner
as printed articles (see Example 1 in footer below) but an URL link should also follow the
n Trade Practices Law Reporter at [insert paragraph number]
2. If the commentary talks about a case then the reference should be cited as follows:
Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (1997) 188 CLR 241 as
cited in CCH Torts Law Reporter at [insert paragraph number]
Referencing Online Encyclopaedias
If you are using an online encyclopaedia, you must give the name of the publisher, the name of
the encyclopaedia, the title of relevant section or chapter, as follows:
1 Hargovan A and Harris J, “The Relevance of Control in Establishing an Implied Agency Relationship between a Company and
its Owners” (2005) 23 Company and Securities Law Journal 461 at 463.
2 Pioneer Concrete Services Ltd v Yelnah Pty Ltd (1987) 5 NSWLR 254 at 256 (hereinafter Pioneer case).
3 Latimer P Australian Business Law, 33rd ed, 2014, CCH Australia at 129 (Note: in this example, 129 represents the page
number - you can insert a relevant page OR paragraph number).
4 [insert section number], Civil Liability Act 2002 (NSW)
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Thomsons, The Laws of Australia (at 1 August 2012) 32.2 Negligence International Trade, Duty
of care: general principles [1/8/07]
If citing an online encyclopaedia, the volume number may be omitted.
Repeated references
Where you are repeating a reference, use:
“See above n..”.
The letter “n” refers to the footnote number where the same source has been cited previously.
For example, you may have referred to P, Latimer Australian Business Law, 33rd edn, CCH
Australia at footnote 27. Then you might wish to refer to this same book again at footnote 53.
Instead of repeating the reference at footnote 53, simply say at footnote 53, “See above n 27”
(where you first referred to this book).
Plagiarism
Plagiarism is a serious academic offence and it is important to understand what it means. The
following is an extract from the Student Guide that you should read very carefully.
Plagiarism and failure to acknowledge sources
Plagiarism involves using another person’s work and presenting it as yours. Acts of plagiarism
include copying parts of a document or audiovisual, or computer-based material without
acknowledging and providing the source for each quotation or piece of borrowed material.
Similarly, using or extracting another person’s concepts or conclusions, summarising another
person’s work or, where, there is collaborative preparatory work, submitting substantially the
same final version of any material as another student constitutes plagiarism. This includes
copying another student’s work or using their work as the basis for your written answer. It does
not matter whether you have their consent or not.
Encouraging or assisting another person to commit plagiarism is a form of collusion and may
attract the same penalties.
Academic misconduct can occur where you fail to acknowledge adequately the use you have
made of ideas or material from other sources. It is essential that you correctly attribute your
source wherever you draw on and use someone else’s ideas or information, whether by
summarising or direct quotation. You must do this in such a way that is clear to anyone
reading what you have written (or submitted) which of the ideas, arguments and views are yours
and which are those of the writers or researchers you have consulted.
It is your responsibility to make sure you acknowledge within your writing where you have
“sourced” the information, ideas and facts etc.
The basic principles are that you should not attempt to pass off the work of another person as
your own. It should be possible for a reader to check the information and ideas that you have
used by going to the original source material. Acknowledgment should be sufficiently accurate
to enable the source to be located speedily.
The following are some examples of breaches of these principles:
Quotation (ie using the exact same words from the source material) without the
use of the quotation mark (“………”)
It is plagiarism to quote another’s work without using quotation marks, even if one then uses a
footnote to refer to the identity of the quoted source. The fact that the material is quoted must
be acknowledged in your work. This includes quotations obtained from a web page.
Significant paraphrasing
Paraphrasing is using sentences in which the wording is very similar to the original source
wording. This applies even if the source is acknowledged by a footnote. The source of all
paraphrasing must be acknowledged by a footnote.
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Unacknowledged use of information or ideas
The unacknowledged use of information or ideas, unless such information or ideas are
commonplace, is plagiarism. In particular, citing sources (e.g. texts, cases), that you have not
read, without acknowledging the ‘secondary’ source from which knowledge of them has been
obtained, is plagiarism. For example, you have read a paragraph from a company law
textbook, at the end of the paragraph, there is a footnote which refers to 3 cases. You, having
not read any of those 3 cases, refer to them in a footnote in your paper without acknowledging
that they come from the footnote in the contract textbook.
These principles apply to both text and footnotes of sources. They also apply to sources such
as teaching materials, and to any work by any student (including the student submitting the
work), which has been or will be otherwise submitted for assessment. Using the principles
mentioned above about proper acknowledgment, you should also proceed on the general
assumption that any work to be submitted for assessment should in fact be your own work. It
ought not be the result of collaboration with others unless your lecturer gives clear indication
that, for that written answer, joint work or collaborative work is acceptable.
Bibliography
代写 TABL1710 BUSINESS AND THE LAW
