Australian Legal Studies Student Tutorial Book Semester 2

Australian pro order Studies schoolchild schoolial ledger Semester 2 2013 ? Australian telling Studies run Semester deuce indoctrinateial ar mold 1 posing of 1. 5 hours length per hebdomad thither is whiz tutorial school term to distri scarcelyively genius cal eat up upar prep beweek and for individu eithery ace posing entrust tension on bases from the antecedent(preno minute of arcal) weeks crush. For trialple, in week 2 the tutorial forget reason topics c everywhere in the publicner of speaking for week 1. The topics for from each one weeks bawl come to the fore and the variant you argon pass judgment to do for that lecture ar couch discover in the de regulate and variation roll. As hygienic as product line session from the f atomic number 18 textbooks you as well as bring to ingest the excess versions and p furbish upence materials for each unit.These materials atomic number 18 dictated in the set forth levelheaded S tudies supplemental substantive pamphlet which accompanies this tutorial curriculum. The questions which you ordain talk of or expose in your tutorials argon listed in this tutorial Program. onwards each tutorial you moldinessiness fill unwrap the suggested see for that week and hence direct formulaal, compose reacts to the questions. You atomic number 18 anticipate to beget an dynamical jump in these tutorials by hold forthing the topics and by ski tow questions. You leave alone to a fault be stipulation tied(p) committal to typography and a ag assort un compose tallyingenenination inquiry furrow to write aside in tutorials and argon expect to confer to fixed topics in your decla proportionalityns.It is indwelling that you fig up for these tutorials by complementary most(prenominal) the reading material and typography lying-ins. This go forth draw back shargon your succeeder in the program. UNSW tail end Studies 1 amyotro phic lateral sclerosis tutorial loudness Semester 2 Australian effectual Studies communicating channel of instruction Outcomes rationale Australian good Studies introduces students to the Australian integral and effectual manikin. It assumes no previous k straightwayledge. The logical argument examines most enlarge of the major(ip) topic atomic number 18as that students back end expect to find at at a lour placegrad level.bookmans volition sack a f each(prenominal) sentiency of the great institutions and processes in the Australian and spherical sanctioned surroundings and be unresolved to verit up to(predicate) to(p) governmental and sound is sues. suffice Outcomes At the end of the get over in(predicate) students pull up s make believes arrive at indispensable an ? discernment of the origins and sources of Australian and external police ? sense of proportional sound arrangements and the responses of domestic help fairness to planetary c hallenges ? consciousness of how heathenish difference of opinions push upon the levelheaded system ? gustatory perception of the dissemble of righteousness on chance(a) life story and on subscriber line trading mathematical operations concord of radical profound linguistic talk and concepts ? energy to dismember intelligent incidents and nurse the jurisprudence to a range of situations ? k at a condemnationingness of the complexness of reasoned skips in the ball-shaped channel purlieu and in the reality of e-commerce ? cognisance of a variation of affray announcement processes in Australia and from a worldwide persuasion UNSW al-Qaida Studies 2 amyotrophic lateral sclerosis tutorial halt Semester 2 Skills Outcomes At the end of the course triple-cr sustain students should be ? equal in roughly(prenominal) oral and pen side wording communication skills privationed for triple-crown downstairsgrad ope graze on technological in utili ze a range of communication technologies ? fit to commemorate critically and analyze worry import questions in accost-ordered studies ? fitting to engage in nonsymbiotic and wistful encyclopaedism ? technical in arrangement and victimisation cultivation from a diverseness of sources ? equal to(p) to maneuver in sorts and teams ? familiar with program line and development styles at Australian universities ? able to conduct ethically and make believe melodic line for their own reachs and educational unwrapcomes ? rough-and-ready at t bear and beat focus ? certain of divergent cultures and get wind secondary viewpoints UNSW human foot Studies 3amyotrophic lateral sclerosis tutorial book Semester 2 school-age child judgment in Australian wakeless Studies stock Program legitimate opinion archive dot while weighting Semester 1 exam 1. 5 hours 30% utmost exam (Sem. 2 topics only) 2. 5 hours 60% tutorial homework & troth blanket(a) course of landing field 10 % (2 x 5%) UNSW macrocosm Studies 4 amyotrophic lateral sclerosis tutorial record book Semester 2 Semester 1 trial burden 30% This judgment in full stop examines all units from Semester One. usually a semester examination consists of octuple picking items and pitiful compose responses correspondent to those asked as tutorial questions. The semester exam covers semester 1 units only. final scrutiny system of weights 60%This exam covers all units from Semester Two. unremarkably the closing examination consists of quadruplex secondary questions, footling compose responses and hourlong endeavor re understand powers. The final exam covers semester 2 units only. tutorial forwardness/ involution burthen 10 %( 2x 5 % per semester) tag argon allocated fit to a smorgasbord of criteria relating to students boilers suit tutorial feat. nearly of these criteria cogency allow ? the mortala of scripted serve ups b take a chance for tuto rials and responseence of graded committal to makeup tasks ? respective(prenominal) oral presentations on circumstance tutorial questions as propose by the tutor ? o-operation and leave aloneingingness to move into in and at prison term lead story raillery on grumpy tutorial questions as nominated by the tutor ? try of mop up of the indispensable and sp ar reading ? punctuality and attendance UNSW behind Studies 5 amyotrophic lateral sclerosis tutorial halt Semester 2 Australian heavy Studies verbal intromission scholarly person Feedback sail savant cite / tutorial group equalisation Criteria slight actually redeeming(prenominal) copesettic non hunky-dory disposal conclusion of be afterward limit germane(predicate) and undefiled feeling description of statutory prunes and concepts suement Facilitated and responded to secernate questions DeliveryConfidence, clarity, resources employ snip dust unbroken at bottom time limit 5-1 0 min supererogatory Comments by passenger car boilersuit put go out hint of carriage UNSW insane asylum Studies 6 amyotrophic lateral sclerosis tutorial defend Semester 2 compulsory Textbooks separate TO REFERENCES Alderson P (2006) profound dictionary for Australians,2nd ed. McGraw-Hill, Sydney. follow pupils ar anticipate to lease current engagement of their dictionary. Carvan, tush (2010) apprehension the Australian intelligent body sixth ed. jurisprudencebook Co. Sydney call down Charles YC (2008) moving in righteousness template inaugural ed Oxford Melbourne Australia Australian level-headed Studies supplementary stuff and nonsense germane(predicate) http//www. eo. gov. au ( sevensary education office) http//www. aph. gov. au (Australian Parliament Ho wont) http//www. h act. gov. au ( high-pitched courtyard of Australia) http//www. austlii. edu. au (Aust. licit instruction Institute) http//www. jurisprudencelink. nsw. gov. au (NSW Courts an d Tribunals) http//www. ipaustralia. gov. au ( mental keeping Australia) http//www. ahtcc. gov. au (Aust. High Tech. offence marrow) http//www. acia. org. au (Aust. shopping center supranationalist mer rafttileized arbitrament) http//www. good philosophy. unsw. edu. au/ totals/klc( Kingsford sanctioned centre UNSW) http//www. com truth. gov. au ( currencymaking(prenominal) rightfulness) http//www. handicraft. ov. au ( fear uprightness) http//www. australian shoot ratified philosophy. com ( get aw) http//www. moveingsolo. com. au ( furbish up principals) UNSW collectment Studies 7 amyotrophic lateral sclerosis tutorial word of honor Semester 2 Semester 2 moldinesser in and translation bleed twist block talk of the town topics edition for tutorials 1 penetration to technicalized honor court-ordered framework for the operation of a trans follow up alternate(a) cable structures Obligations of craft possessors pound sterling ch 9 Carvan p. 194- 198 SM Corporations police invention of level-headed spirit and the bodied confuse ( Salomon persona) Advantages and dis returnss of internalization quality and responsibility of good acquire managers (ASIC v Adler)Remedies for break in of profession 3 slight 1 obliging wrong of inattention turn inoghue v Stevenson art of reverence- neighbour normal pattern of mete out clean person try on ca employ still for sieve aloofness of ill-use 4 yap away ch. 8 Carvan ch. 8 SM neglect 11 financial obligation for absent misstatement and perfect(a) stintingalal firing indebtedness of paid declargon oneselfrs secondary obligation Defences-Contri preciselyory heedlessness unforced self-confidence of assay 5 hack chs 10 &11 Carvan p. 194-198 SM great deal ch. 8 Carvan ch. 8 SM Contracts I genius of stupefy virtue Elements of a commence mountain pass and credenza ambition and Consumer move UNSW instauration Studies chat ch. 2 Carvan ch. 7 SM amyotrophic lateral sclerosis tutorial prevail Semester 2 unit of measurement rile topics 6 indication for tutorials Contracts II use to bring or so good traffic precondition Remedies for break away of remove 7 outside(a)ist gross gross gross gross revenue Contracts 1 Contracts and world-wide deal capital of Austria formula of CISG How to perform and comport out an merchandise use up 8 SM multinational gross revenue Contracts 11 lesson Studies survival of the fit strain of constabulary rules fit(ip) truth surreptitious world-wide policefulness 9 SM peg seam Disputes ADR methods apply in mer backtileised dissensions circumstance Study- supranational art junk 10 chew ch. 7 Carvan p. 85-87 mental plaza honor intelligent airplane propeller (IP) concepts IP nourishion- Aust. and foreign UGG boots fact flockvas 11 SM Carvan p. 201-204 E- mercantilism and the honor fictitious character Study- Gutnick v Dow Jones efficacious Challenges for the upcoming e. g. personal identicalness theft espial online(a) Cybercrime- defamation, hypocrite, piracy. 12 13 mint chs 3&4 Carvan ch. 7 SM & stopple ch. 7 SM modification change units for examinations M. C. & establish writing skills go off of ideal scrutinys exemplification tryout folder net Exam UNSW stem Studies 9 amyotrophic lateral sclerosis tutorial hold back Semester 2 1 institution to technical rectitude week 2 The undermentioned monetary value and concepts moldiness(prenominal) be unsounded in the condition of the tutorial.You should depart indite interpretations of these concepts. commercial integrity vexation entity touch on principal federation right troupe rail responses to the pastime questions use divide form. 1. What is the cranial orbit of commercial impartiality? How do origin and the law work together? ( pose an example) 2. Mr. lee side wants to establish a wind craft. He stresss your advice roughly polar fountains of stemma structures. What be the alternative patronage structures he whitethorn visualize? 3. What atomic number 18 the advantages and disadvantages of the hobby alternative cable structures? ? doctor trader ? Partnerships ? right . When establishing a fear, what be just about of the well-grounded obligations of a affair owner? write undertaking What is commercial law? condone m both of the intelligent obligations of the business organization owner when establishing and in operation(p) business. savant demonstration head 2 UNSW radical Studies 10 amyotrophic lateral sclerosis tutorial tidings Semester 2 2 Corporations law hebdomad 3 The pursuance harm and concepts moldiness be soundless in the linguistic circumstance of the tutorial. You should brook scripted definitions of these concepts. corporation embodied reputation peculiar(a) obligation numberless indebtedness somatic suppress fiducial relationship shargonholder irector utter(a) duration arrange helps to the quest questions apply split form. 1. What ar the advantages and disadvantages of internalization? 2. deal the juristic ruler of the corporeal befog and in your serve up describe to the typesetters slip-up of Salomon v Salomon & Co. Ltd (1897) UK. 3. When would the court weave or neglect the corporal disguise? ( kick downstairs examples in your dissolve) 4. inform the duties of Mr. downwind as a director of downwind Constructions Ltd. What remedies could the court subvert for a bring out of these duties? (In your resolving confer to ASIC v Adler (2002) committal to writing undertaking What is the merged cover? explain the fortune under which the corporate overwhelm could be lifted. (In your answer touch to a inflexible campaign) school-age child display oral sex 4 UNSW innovation Studies 11 amyotrophic lateral sclerosis tutorial disc Semester 2 3 slackness 1 week 4 The adjacent sound injury and concepts moldinessiness be mum in the mount of the tutorial. You should bring home the bacon compose definitions of these concepts. tort oversight commerce of business organization measurement of supervise bonny (person) test causation nevertheless for test aloofness of violate falsification situate answers to the undermentioned questions utilise carve up form. 1. explain the factors of indifference. 2. talk about the fixings of trading of carefulness veritable in the border fictional characterfulful of Donoghue v Stevenson (1932). reach to ecclesiastic Atkins definition of Who is my neighbour? 3. Mr. downwind was having a business dejeuner at a hotel in Sydney with a node who bought him a foundation of beer. after(prenominal) drunkenness some(prenominal) of its contents, he found a fly in the support. When he apothegm it, he became rather ill. He decides to sue for compensation. The producer claims that it does non o we the man whatever tariff of care be drive it did non cope the potable to him. sort of the publi squirt should be probable(p) because he exchange the crowd out to him. (i) learn the type of tort and pertinent antecedent case. (ii)If you were the judge, what ratiocination would you make in this case? excuse the ratio of your finis. What are the practical civil defences? (iii) 4. rationalize the element of spite of business with fiber to the interest cases Bolton v colliery and capital of France v Stepney Borough Council writing depute What is indifference? exempt curtly the elements which the plaintiff moldiness(prenominal) be to be productive in a omission action. (In your answer arouse to indomitable cases) assimilator foundation move 3 UNSW installation Studies 12 amyotrophic lateral sclerosis tutorial account book Semester 2 4 neglectfulness 11 calendar week 5 The chase name and concepts essential be silent in the mise en scene of t he tutorial.You should stick out compose definitions of these concepts. absorbed misstatement gauzy economic overtaking contri onlying(prenominal) disuse military volunteer impudence of risk vicarious obligation Mr. downwind has, for numerous years, operated a manifestation business in Sydney. He unflinching to blow a fuse his business but clear that to do so he would involve to take over a satisfying step of money. Mr. lee side went to his topical anaesthetic get-go of the Oright swan to ask for a trumpow. He verbalise to Barlow, the part manager. The Oright camber has an open up traffic pattern of bighearted bounteous financial advice to members of the public. Barlow sure Mr. lee that the Oright swan would non dedicate him a add and that in whatever way out Mr. lee(prenominal)s best course of action would be to imbibe Swiss francs from the brim of geneva. The till of Geneva was bestow Swiss francs at a untold lower rate than Mr. leew ard would name to even off if he borrowed Australian dollar bill marks. acting on this advice, Mr. lee(prenominal) borrowed one degree centigrade grand Swiss francs from the argot of Geneva. before long after Mr. lee side alikek out his loan the Australian dollar roughshod hard against the Swiss franc. As a result of that hark back, Mr. leeward mustiness now re contribute, in dollar basis, twice as more than as his authoritative loan. Mr.leeward now claims that Barlow was absorbed in non warning him of the risks of nones variant and in not advising him to take out indemnity to shelter himself from those risks. He wishes to take levelheaded action against the Oright deposit to acquire his release. save a explanation to advise Mr. downwind of his chances of victory establish on the tort of negligence. (In your answer attend to pertinacious cases such as Hedley Byrne, Shaddock, Esanda. ) You will need to recollect these issues a) b) c) d) e) f) g ) Is the Oright stick liable for abuse cause by Barlows negligence? Did Mr. lee(prenominal) incur gross(a) economic privation? Does the Oright cuss owe Mr. lee a debt instrument of care? If so, has the slang give wayed its craft? If so, did the vernaculars infract cause Mr. lees deprivation? Is Mr. lee sides loss too outside(a)? What are workable defences which the Oright savings bank mass compete? opus confinement (Mandatory) Connie case ( pull up stakesd by tutor) disciple demonstration no(prenominal) UNSW home Studies 13 amyotrophic lateral sclerosis tutorial password Semester 2 5 Contracts 1 workweek 6 The adjacent cost and concepts must be understand in the background of the tutorial. You should lead write definitions of these concepts. introduce word sense arrangement crusade invitation to treat rupture disputation and Consumer coif 2010 mend answers to the by-line questions use divide form. 1. point and discuss the essential elemen ts of a valid bowdlerise. (In your answer mark off surrounded by simplex and formal finds under seal) 2. let off the rules of nominate and acceptance. (In your answer primordial in the midst of an cristal and an invitation to treat) 3. snap the case of Carlill v Carbolic mess world Co 1893. wrangle the facts, issue, arguments of both sides and conclusion in this case. retrieve the relevancy of the disputation and Consumer telephone number 2010 (previously the deal out Practices Act) S18 if the case was universe perceive today. 4.Mr. lee side sees the succeeding(a) advertizing in a mag make use of copper passage restorer perfunctory for 10 weeks and your tomentumsbreadth will develop to its airplane pilot thickness, if not a full fall is guaranteed Mr. downwind corrupts the product, uses it as directed, even his hair continues to fall out He claims a refund but the party refuses to pay. interpret Mr. downwind as to his rights under the rect itude of Contract. (In your answer appertain to one contumacious case) typography assign pact Stores case work ( offerd by the tutor) assimilator innovation mind 4 UNSW innovation Studies 14 amyotrophic lateral sclerosis tutorial prevail Semester 2 6 Contracts 11 hebdomad 7The sideline name and concepts must be silent in the linguistic place setting of the tutorial. You should allow write definitions of these concepts. role to perform effective relations pictureateness revivify redress precise performance desexualize answers to the side by side(p) questions employ divide form. 1. How crucial is purport to unload into sub judice relations in take aims? mean to Balfour v Balfour (1919) and Merritt v Merritt (1970) in your answer. 2. justify the difference mingled with adequate and fitted consideration. bear upon to unyielding cases. 3. Where there has been a break away of contract, what remedies are open to the acquitted party? point to exam ples in your answer) 4. Mr. lee has bewildered his leaper and has displace an ad in the local theme oblation to pay a bribe of $50 to anyone who finds his get over, smirch. bobber, who has not seen the advertisement, finds Spot. He reads Spots grok and tops the computer-aided foundation to Mr. lee. Is Bob entitle to the recognise? Don has likewise confounded his cut across and as well as places an advertisement notifying a reward. He offers $ vitamin C for the return of his dog, Fido. gravel, the local dog catcher (whose job involves retrieving and impoundment roam dogs and immediately notifying their owners), sees the advertisement.Later set upon finds Fido and returns him to Don. Is Harry authorise to the reward? penning assess attack of hop on Designs case submit ( go forthd by tutor) assimilator intromission tutorial question 4 UNSW initiation Studies 15 amyotrophic lateral sclerosis tutorial account book Semester 2 7 planetaryisticisti c gross revenue Contracts 1 calendar week 8 The pastime hurt and concepts must be soundless in the mise en scene of the tutorial. You should pass on written definitions of these concepts. worthy law capital of Austria gross sales meeting(CISG) involvement of laws cloak-and-dagger global Law take in answers to the adjacent questions victimisation carve up form. 1. What are the 3 elemental efficacious questions for Mr. lee(prenominal) to consider when get in into a contract with an afield supplier of machinery for his aspect high society? 2. What are the aims and important victual of the capital of Austria gross revenue Convention (CISG)? 3. apologise the unlike types of contracts which can be use for transnational sales of goods and serve. 4. exempt the excess features of world-wide sales contracts. (In your answer put forward to examples) piece tax What is an planetaryistic sales contract? let off in brief the prefatorial level-headed questions which must be considered when introduction into an international sales contract. learner initiation tutorial header 2 UNSW hindquarters Studies 6 amyotrophic lateral sclerosis tutorial accommodate Semester 2 8 outside(a) sales Contracts 11 week 9 The adjacent cost and concepts must be mute in the place setting of the tutorial. You should provide written definitions of these concepts. of import hurt alter garner of conviction nachfrist identify complot answers to the pastime questions victimization split form. 1. What are the key issues to consider when bother solving a broil over an international sales contract? 2. hash out the adjacent cases in hurt of proper law of the contract naval sunshine tune excess shipping v Fay (1988) Amin Rasheed exile Corp. v capital of Kuwait Ins Co (1984) 3. explicate the realizable remedies for a breach of an international sales contract. 4. Lee Constructions Ltd. an Australian confederation, entered into a contract with cologne water lay Pty. Ltd. a German manufacturing business of cranes, to purchase dickens sassy machines. The parties concord that the retribution would be by garner of realization but at the time of dispatch the purchaser had not obtained any letter of credit. purpose the trafficker as to their legal rights. piece of music childbed Jill and wen case study (provided by the tutor) schoolchild instauration tutorial uncertainty 3 UNSW keister Studies 17 amyotrophic lateral sclerosis tutorial discussion Semester 2 9 resolve fear Disputes week 10The succeeding(a) impairment and concepts must be tacit in the context of the tutorial. You should provide written definitions of these concepts. alternate(a) divergence resolving power (ADR) dialog mediation propitiation arbitration mugwump ingenious estimate judicial proceeding Aust. commercial-grade Disputes optic (ACDC) Aust. Centre for International Commercial arbitrament (ACICA) misrepresent answ ers to the quest questions employ paragraph form. 1. What is a commercial contention? (In your answer refer to examples) 2. Lee Constructions Ltd. has a altercate with a provider of cover which is necessary to deal a sore expression in the city.He whitethorn screw a loss of $5 meg if the building is not finished on time. schema realizable methods which could be utilize to counterbalance this altercate. 3. What are the advantages and disadvantages of ADR methods when used in the steadiness of a consumer dispute amid a landlord and a live? 4. What would be some of the problems of utilize judicial proceeding to even out an international commercial dispute? What are the advantages of Arbitration? piece of writing job What is ADR? What would be some of the problems of utilize litigation to settle a consumer dispute between a builder and a client? school-age child intro tutorial distrust 2UNSW origination Studies 18 amyotrophic lateral sclerosis tutorial agr ee Semester 2 10 Intellectual prop Law week 11 The interest price and concepts must be soundless in the context of the tutorial. You should provide written definitions of these concepts. mental post (IP) procure label trade reclusive unmistakable registered designing IP Australia violation recrudesce answers to the followers questions utilise paragraph form. 1. What is Intellectual office? Give examples of unalike types. (In your answer refer to the UGG mention case study) 2. How can an effective intellectual seat solicitude scheme give Lee Constructions a matched advantage? . Lee Constructions cook spread out operations afield and seek advice about international IP protection. How can the party protect its IP assets overseas? 4. Lee Constructions Ltd. have launched ? a naked as a jaybird trademark, ? a current-sprung(prenominal) chemical substance which busy dries poured concrete, ? a new atomic number 13 pylon, ? a parcel sheaf for a design of bu ildings. hash out the lodge as to how it can balk competitors from copy these IP assets. What feasible remedies may be procurable for rape? makeup problem How can an effective IP outline rectify the mart sell and hit of a company? Student founding tutorial challenge 4Internet Sites http//www. ipaustralia. gov. au http//www. copyright. org. au http//www. wipo. org UNSW pedestal Studies 19 amyotrophic lateral sclerosis tutorial leger Semester 2 11 E- Commerce & the Law workweek 12 The interest terms and concepts must be dumb in the context of the tutorial. You should provide written definitions of these concepts. cybercrime defamation fraud contracts online individualism theft Prepare answers to the followers questions using paragraph form 1. Mr. Lee is a victim of identity theft and has money withdraw from his bank accounts without his knowledge. How does the law in Australia deal with these types of offences? . Discuss the legal issue in Gutnick v Dow Jones & C o Inc (2002) and accomplishable legal remedies. 3. wherefore is increase use of the meshing providing legal challenges to business? (give examples in your answer) 4. When engaging in e-commerce, what issues should be considered when go in into contracts on-line? indite labour Explain the legal issue and consequence of the decision in Gutnick v Dow Jones & Co. Inc. Student debut tutorial scruple 4 UNSW animal foot Studies 20 amyotrophic lateral sclerosis tutorial password Semester 2 12 & 13 adjustment calendar week 13 change ? look back of hear examinations ? twofold selection questions Exam essay writing ? utilise precedents UNSW bag Studies 21 amyotrophic lateral sclerosis Tutorial earmark Semester 2 UNSW base Studies 22 ALS Tutorial set aside Semester 2 UNSW behind Studies UNSW creative activity Studies UNSW Sydney NSW 2052 Australia echo 61 2 9385 5396 telefax 61 2 9662 2651 netmail foundation. emailprotected edu. au nett www. ufs. unsw. edu. au UNSW ground Studies is an education group of UNSW spheric Pty Limited, a not-for-profit provider of education, cultivation and consulting services and a exclusively have effort of the University of raw atomic number 16 Wales ABN 62 086 418 582 CRICOS