LAW504 Business and Corporations Law (8)
CSU Discipline Area: Management (MANAG)
Duration: One session
Abstract:
This subject examines key Australian legal concepts and issues directly relevant to business operations. It covers the structure of the Australian legal system, sources of law, statutory interpretation, the court system and the doctrine of precedent. It then examines substantive areas of tort, contract, agency, and the difference between various types of business organisations before focusing on corporations law, including the way in which corporations are formed, rules regulating internal relationships within corporations, relationships with outsiders, the duties of directors and other officers, fundraising and the termination of corporations, with a particular focus on liquidation.
+ Subject Availability Modes and Locations
| Session 2 | |
|---|---|
| Internal | CSU Study Centre Melbourne |
| Internal | CSU Study Centre Sydney |
| Distance * | Wagga Wagga |
*This subject offering contains a residential school. Please view following information for further details.
Continuing students should consult the SAL for current offering details: LAW504
Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.
Enrolment restrictions:
Postgraduate students only. Not available to students who have completed LAW511 or LAW512 .
Objectives:
Upon successful completion of this subject, students should:
- be able to describe the Australian and other legal systems, explain which court has jurisdiction in any particular matter and apply the doctrine of precedent;
- be able to demonstrate a capacity to engage in legal research;
- be able to understand, explain and apply the rules of statutory interpretation;
- be able to understand and explain the law relating to torts, contracts, property and corporations law;
- be able to identify the legal issues arising out of novel factual situations, to analyse the applicable law and to differentiate between which rules are applicable and which are not and then apply the law to the problem;
- be able to explain and summarise the applicable law in such a way as to create a report which states what liabilities arise from novel factual situations.
Syllabus:
The subject will cover the following topics:
- introduction to law; classification of legal systems, civil and criminal liability, Australian legal institutions, alternative dispute resolution methods;
- sources of law, case law and precedent;
- legal research skills;
- interpretation of statutes
- tort law, elements of negligence; damages and defences;
- contract law, including formation, essential elements, international contracts, vitiating factors, terms, discharge, damages and remedies;
- statutory modifications of contract law - consumer protection;
- property law;
- the nature of different business organisations;
- partnership;
- the law of agency;
- formation of corporations;
- corporate liability in crime, tort and contract;
- corporate governance and the corporate constitution;
- membership of a corporation - members' meetings and remedies;
- Directors' duties;
- corporate finance: shares and debentures;
- fundraising;
- external control - liquidation.
Residential School
This subject contains a compulsory 3 day residential school.
The primary objectives of the residential school are: to provide an interactive face to face learning environment, to answer student questions about the subject, and to assist students to focus their studies for the remainder of the session. Staff at the residential school will review the subject material covered up to that date and outline the remaining topics. Subject readings will be discussed and placed in context.
The information contained in the 2013 CSU Handbook was accurate at the date of publication: 24 April 2013. The University reserves the right to vary the information at any time without notice.