Blw16 Unit Information Sp4 2008

BLW16 (2008)

INTRODUCTION TO LAW

UNIT INFORMATION

JIM THOMSON

CONTENTS WELCOME UNIT OVERVIEW LEARNING RESOURCES INFORMATION ABOUT ASSESSMENT SUBMISSION AND RETURN OF ASSIGNMENTS EXTENSIONS TO ASSIGNMENT DUE DATES ONLINE AT UNISA INFORMATION ABOUT POLICIES AND PROCEDURES CAMPUS CENTRAL, CENTRE FOR REGIONAL ENGAGEMENT (WHYALLA) OTHER SERVICES FOR STUDENTS STUDY SCHEDULE

WELCOME Dear Student, Welcome to Introduction to Law. This course assumes you have no previous knowledge of law. You should read this Course Information book and the course home page carefully. The course assessment includes two assignments and an ‘open book’ exam. For this exam you can take any books, notes etc. into the exam. Note that books from the University library cannot be taken into the exam. Nor can electronic devices of any description. Your assignments and weekly tutorial exercises (see Appendix two) are printed in this book. You do not submit answers to the tutorial exercises. Appendix three contains a model answer. This is a guide only and not all issues discussed in that answer apply to every case problem. Support your answers with relevant cases, statutes or text references if you can. Note that the assignment one essay requires 1,000 words. This word limit is there deliberately and you may be penalised if you write too much or too little—a margin of 100 words is allowed. No separate synopsis (summary) of this essay is required. A maximum word limit of 2,000 words applies to assignment two – again, a margin of 200 words is allowed. (No synopsis is required for assignment two.) To pass this course a student requires a total mark of 50% from the assignments and the examination. NOTE: REGARDLESS OF MARKS RECEIVED FOR ASSIGNMENTS AN EXAMINATION MARK OF LESS THAN 40% WILL RESULT IN A FAIL GRADE FOR THIS COURSE. Contact with the University can be made through the channels outlined in this guide. Wishing you all the best with your studies. Jim Thomson

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Unit Coordinator School of Commerce University of South Australia City West Campus GPO Box 2471 Adelaide SA 5001 Telephone: (08) 8302 7231 Email: [email protected] Fax: (08) 8302 0992

UNIT OVERVIEW Value of unit:

1

8

of a full-time load.

Offered in study periods three and study period four, 2008.

Course Statement The features of Australian law and its development. The operation of the Australian Constitution. The Doctrine of Precedent and its operation and its relationship to statutory interpretation. The Australian common law and statutory rules relating to the law of contract and how these apply to the concepts of offer and acceptance, intention to create legal relations, the concept of valuable consideration, the rules relating to written contracts, implied terms and exclusion clauses, illegality and its effect on contracts; mistake, misrepresentation, duress, undue influence, the principles of unconscionability relating to contracts, remedies for breach of contract, assessment of damages and the use of equitable remedies. The law of agency in Australia including - methods of agency, capacity of persons to act as an agent and classes of agents.

Learning objectives and graduate qualities On completion of this course students should be able to: •

Outline the nature and development of the common law, the rules of equity and the role of statute law in Australia (graduate qualities 1,2,3 and 6).

•

Describe the principal features of the Australian federal system of government, our written constitution and contemporary developments in the manner of interpretation and application of law in Australia (graduate qualities1,2,3 and 6).

•

Apply the principles of the law of contract, with emphasis on the formation of a contract (graduate qualities 1,2,3,5 and 6).

•

Recognise developments in Australian contract law towards 'fairness' rather than technicalities (graduate qualities 1,2,3,5 and 6).

•

Recognise legal issues involved in the delegation of authority to others (agency) (graduate qualities 1,2,3,5 and 6).

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Graduate Qualities profile The following table shows the proportion of UniSA Graduate Qualities applied to assessment in this course. No . 1 2 3 4 5 6 7

Graduate quality

Unit weighting

Body of knowledge Lifelong learning Effective problem solving Work autonomously and collaboratively Ethical action and social responsibility Communicates effectively International perspectives Total

1.5 0.5 0.5 0.5 0.5 0.5 0.5 4.5

Prerequisites/Assumed knowledge No prerequisites required for this course.

Special requirements To obtain a pass in this course the student’s aggregate mark for the two assignments and the exam must total at least 50%. Also, an exam mark of at least 40% must be obtained for the student to achieve a pass.

Study schedule A table outlining the unit structure and study schedule is printed at the back of this guide. Please refer to it for important information regarding due dates for assignments.

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LEARNING RESOURCES Materials dispatched for this unit Unit information book

Online learning resources Unit home page and myUniSA http://www.unisanet.unisa.edu.au/courses/course.asp?Course=blw16 Online study guide For this unit, some of the learning resources are available online only. You can access these online learning resources either through myUniSA http://www.unisa.edu.au/myunisa or from a link on the unit home page which has been established on the UniSAnet system (UniSAnet is the online study environment at UniSA). Please note: For further details on how to access and log-on to your online materials, please read the instructions provided later in this Unit information in the section entitled ‘Online at UniSA’.

Set texts You will need continual access to the following two texts in order to complete this unit. The library may hold only one copy of the nominated text books and therefore you will need to acquire the books. Graw, S (2008). An Introduction to the Law of Contract, 6th edition .Lawbook Co. Pembroke, M, Thomson, J and Sarre, R (2006) Butterworths Course Materials Introduction to law, 4th edition. Butterworths.

Text supplier (Unibooks) OUA has established a textbook supply service through Unibooks. Further information is available from the Open Universities Australia 2008 Handbook, and OUA website at www.open.edu.au You can order textbooks by contacting Unibooks: Phone:

(08) 8223 4366 1800 447 313 (price of a local call; mobiles may pay more) 61 8 8223 4366 (international callers)

Fax:

(08) 08 8223 4876

Email:

[email protected]

WWW:

www.unibooks.com.au

Postal address: Unibooks University of Adelaide Gate 10 Victoria Drive Adelaide SA 5005

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RECOMMENDED READINGS These are reference books which may assist you. You are not expected to read them all.

Part one Carvan, J (2002). Understanding the Australian legal system. Law Book Company. Cook, et al (2005). Laying down the law. 6th edition.Butterworths. Crosling, G and Murphy, H (2000). How to study business law. 3rd. edition. Sydney: Butterworths. Keyzer, P (2003). Legal problem solving : a guide for law students. Sydney : Butterworths Krever, R (2001). Mastering law studies and law exam techniques. Sydney : Butterworths Miller, J (2002). Getting into law. Sydney: Butterworths.

Part two Keyzer, P (2003). Legal problem solving : a guide for law students. Sydney : Butterworths Krever, R (2001). Mastering law studies and law exam techniques. Sydney : Butterworths Paterson, J, Robertson, A and Heffey, P (2005). Contract: cases and materials. 10th. Edition. Law Book Company. Paterson, J, Robertson, A and Heffey, P (2005). Principles of contract law. 2nd edition. Law Book Company. Seddon, N and Ellinghaus, M (1997). Cheshire and Fifootis law of contract. Butterworths.

Part three Refer to general texts listed below which will also have chapters covering parts 1 and 2. Keyzer, P (2003). Legal problem solving : a guide for law students. Sydney : Butterworths Krever, R (2001). Mastering law studies and law exam techniques. Sydney : Butterworths Latimer, P (2004). Australian business law. Latest edition. CCH. Vermeesch, R and Lindgren, K (2005). Business law of Australia.11th edition. Butterworths.

Learning Connection resources You can access a wide range of study skills resources from the UniSA Learning Connection website. In particular, the following specific sections of this website are recommended:

Studying at UniSA http://www.unisanet.unisa.edu.au/learningconnection/student/studying/default.asp This section provides links to a wide range of online resources which have been designed to help you develop and enhance the general learning skills you require for successful study.

Referencing (and avoiding plagiarism) http://www.unisanet.unisa.edu.au/learningconnection/student/studying/ referencing.asp Adopting a correct approach to referencing (and avoiding plagiarism) are key issues which need to be addressed by students undertaking assignments at university level. 5

Therefore, we recommend that you spend some time working through the various guides incorporated in this section of the Learning Connection website.

Referencing using the Harvard author-date system http://www.unisanet.unisa.edu.au/learningconnection/student/learningAdvisors/document s/harvard-referencing.pdf This downloadable file is located in the Referencing section of the Learning Connection website. It provides detailed information about how to reference correctly using the Harvard author-date system. Please note: A number of the pages and downloadable files on the UniSA Learning Connection website refer students to contact staff from the Learning Connection if they need further assistance with their studies. Unfortunately, this option is not available to students enrolled through Open Universities Australia. However, you are encouraged to make use of those resources which are available online as part of the Learning Connection website, and which are relevant to your studies.

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INFORMATION ABOUT ASSESSMENT ASSESSMENT SUMMARY Assessment one —Essay Unsupervised Graded Weighting: 20% Length: 1,000 words Due date: Friday 5th January 2009 (Week six) Assessment two —Problem exercises Unsupervised Graded Weighting: 30% Length: 2,000 words Due date: Monday 2nd February 2009 (Week ten) Exam Supervised Graded Weighting: 50% Duration: Two hours plus 30 minutes reading time Date: Date and time to be arranged

Penalties Assignments (with cover sheet) are required to be submitted by the due date. The Coordinator may impose a penalty of up to ten per cent of the total marks for any assignment received more than seven days after the due date. Assignments received more than ten days after the due date may not be marked.

DETAILS OF ASSESSMENT Details of assignment submission and return are listed under each assessment task. Assignments will be posted to you within three weeks of submission. All assignments must use the Assignment cover sheet (available from your unit home page)—whether submitted electronically or in hard copy. For your own protection you are requested to always keep a copy of any assignment you submit. To obtain a pass in this course the student’s aggregate mark for the two assignments and the exam must total at least 50%. Also note that to pass this course you must obtain at least 40% in the exam or you will not pass regardless of your assignment grades.

CONDITIONS Supplementary exams In accordance with Division policy, supplementary exams are not offered in this unit.

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Assessment 1 — Essay Due Friday 5th January 2009 (week six)

Write an essay of 1,000 words on any ONE (1) ONLY of the following topics. "The High Court of Australia has a major role to play in making law in Australia." Discuss. Objective The essay aims to enhance student’s knowledge and understanding of the operation of the Australian legal system, in particular the Australian Constitution. The graduate qualities assessed in this essay are ‘body of knowledge’, ‘lifelong learning’ and ‘effective communication’. Students are required to write in essay format an answer to the assignment question. The assignment must have a properly completed cover page. A computer word count is required. This should be placed at the top right hand corner of the first page of the assignment (not on the cover sheet). The bibliography or reference list is not included in the word count. However, quotations are. About four or five references are required for this assignment. More or less references will not guarantee a particular grade. Further information on quoting and referencing in law can be found in Appendix one. An allowance in the word count of plus or minus ten per cent of the limit is allowed. Assignments exceeding the limit by more than ten per cent will be penalised at the rate of five per cent for every 100 words (or part thereof) exceeding the limit. Assignments that fall short of the word limit by more than ten per cent are not penalised for the shortfall, but may lose marks for an inadequate discussion of the topic. Feedback on this assignment will be provided on the Feedback sheet attached to the printed version of your assignments which will be returned by post to you. Assessment criteria Assessment of your assignments will take into account: •

relevance of your answer to the question or task set

•

clarity of expression

•

supporting documentation for arguments

•

proper acknowledgment of documentation and use of a bibliographic convention

•

logical planning and sequence

•

use of inclusive language

•

overall presentation, including correct grammar, spelling and punctuation

•

comprehensive coverage reflecting engagement with set readings, text(s) and other relevant materials.

All assignments are to be submitted using AssignIT – see details on page 18. Assignments are printed from AssignIT and delivered for marking within five days 8

of receipt. Assignments are marked within ten days of receipt by markers and returned by post to students. Grades are e-mailed via AssignIT and appear on your myUniSA, myStudies page.

Assessment two — Problem based exercises Due Monday 2nd February 2009 (week ten) You are asked to discuss each of the following three case problems. This means you should outline the relevant law that you think applies to your discussion and, where possible, supply the name of a case or statute that supports the law that you think is relevant. For example, ‘I submit that the postal acceptance rule applies and that a contract was formed when the letter of acceptance was posted—see Byrne v Van Tienhoven (1880) 5 CPD 344.’ Other examples of the general approach appear in Butterworths Course Materials: Introduction to Law under the relevant topics. It is strongly recommended that you read these. Note: you must answer all three of the following case problems. All problems are of equal value.

Question 1 On June 2 Sam sent an e-mail to Jack - 'The gold GTX car you inspected two days ago is now available for $30,000 cash'. Jack replied by e-mail from his office on June 3 - 'Does that price include the spare parts?' Sam replied one hour later - 'Yes - you can have the lot for $30,000.' Jack responded immediately - 'Is the car registered?' Sam's immediate reply was – ‘No, but I can arrange registration at your expense'. On June 3 at 3pm an e-mail from Jack stated - 'I will buy the GTX and spares for $30,000 if you pay the registration'. At 5pm on June 3 Sam sent an e-mail - 'I accept your suggestion'. Jack had left his office at 4:30 p.m. and did not see Sam's message until 9:00am on June 4. At 6pm on June 3, Jack telephoned Sam advising he was no longer willing to buy the GTX and parts as he had found a better car. This message was left on Sam's telephone answering machine which Sam heard at 8:00am on June 4. Discuss Question 2 Plod signed a five year licence agreement with Australian Soccer Limited which allowed Plod to have the sole catering rights at Plaza Stadium. Plod paid $5,000 a week for the licence.

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The ASL also stated it intended to grant Plod a right to renew the licence for a further five years at the end of the first five year term. Plod incurred considerable expense establishing the catering facilities basing his costs over the next ten year period. After two years in the business Plod received a notice from ASL that the Plaza Stadium was to be renovated and extended. ASL told Plod the renovations would take twelve months and only half the normally scheduled games would be played at the stadium during this time. As this would cause serious disruptions to Plod’s business it was agreed that Plod pay only $1,000 per week rent for the twelve month renovations period in return for Plod agreeing not to take legal action against the ASL. When Plod decided to renew his licence for another five years at the expiry of the original five year licence the ASL said Plod could only renew the licence if Plod paid a new rental of $7,500 a week plus a sum of $208,000 being the unpaid rent for the one year under the original licence. Discuss. Question 3 In an incident in an AFL football match aboriginal player, Nicky Winmar, who played for the St Kilda football team, lifted his football jumper and pointed to the colour of his skin. This incident initiated a new culture in the AFL code which resulted in aboriginal players receiving more respect and less discrimination against them. The jumper that Winmar wore at the time of the incident was allegedly sent to the now defunct ATSIC organisation as a famous item of Aboriginal memorabilia. ATSIC apparently decided to return the jumper to Winmar but on close inspection the jumper ATSIC had was not the one in use at the time of the incident. That original jumper is possibly lost and is now being sought by many as it is a very valuable item of sports memorabilia. Gary advertised in 'The Collector's News' - 'One St Kilda Club football jumper believed to have been worn by Nicky Winmar. Jumper is in good condition and is for sale for $5,000. For details ring 678934512.' Jack phoned Gary and after a brief discussion asked Gary to hold the jumper for 30 minutes as it would take Jack that long to drive to Gary's home. Gary agreed to hold the jumper for 30 minutes. Ten minutes later, Fred who lived near Gary, called to see the jumper. Gary showed Fred the jumper. Fred asked Gary, 'Are you sure this is Winmar's jumper?' Gary replied, 'You can see it has his number on it and is the right type worn at that time.' Fred said, 'In that case I will give you $8,000 for the jumper now and take it with me’. Gary then sold the jumper to Fred who took the jumper and left just as Jack drove up to Gary's home.

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Jack wishes to sue Gary. Ten days later the original jumper used in the incident is returned to Winmar by a St Kilda supporter who had it in his possession. Fred now wishes to sue Gary. Discuss.

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Format and other details As per assignment one except no bibliography is required These problems should be answered as three separate questions, each answer discussing the relevant legal issues covered in the problem. There is a maximum total word limit of 2,000 words. It is not necessary to divide this limit equally between the three questions. Assignments that exceed the 2,000 word limit by more than 200 words may be penalised at the rate of five per cent per 100 words or part thereof. The first 100 words in excess of 2,000 will not be penalised. Assignments that fall significantly short of the word limit (by 200 words or more) are likely to have failed to grasp the legal issues. A bare pass at best would then be expected. About eight references are required for this assignment. More or less references will not guarantee a particular grade. Further information on quoting and referencing in law can be found in Appendix one (Note: Each case is a reference). Feedback on this assignment will be provided on the Feedback sheet attached to the printed version of your assignments which will be returned by post to you. All assignments are to be submitted using AssignIT – see details on page 18. Assignments are printed from AssignIT and delivered for marking within five days of receipt. Assignments are marked within ten days of receipt by markers and returned by post to students.

Exam/Test The examination is an open book exam. This means you can take in the following and use during the exam: •

Any text books or reference books, including dictionaries and a thesaurus, provided they are not from any of the University of South Australia's libraries. They can be books from other libraries, though.

•

Your own text books, Study Guide and Course Information Book.

•

Notes, whether handwritten or word processed.

•

Photocopies of articles, pages from books, case summaries, statutes or other material, whether or not the material is from a library of the University of South Australia.

•

Diagrams, flowcharts and the like.

These, and no other materials, can be used during the reading time and throughout the exam. No electronic aids of any description are permitted. The exam will assess student’s understanding of the Australian legal system and their ability to apply relevant legal principles to the law of contract and the law of agency. All of the material covered in Parts one, two and three of the course is assessable. The duration of the exam/test will be two hours plus 30 minutes for reading and note making. The materials taken into the exam by the student may be consulted both during the reading time and the writing time. The standards by which the exam will be assessed are: •

relevance of your answer to the question or task set

•

clarity of expression

•

logical planning and sequence

•

use of inclusive language

•

overall presentation, including correct grammar, spelling and punctuation

•

comprehensive coverage reflecting engagement with set readings, texts and other relevant materials

A past exam paper is included in this Course Information Booklet. See page 13.

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Examination Paper Scho ol

CMR

Course Name

Subject Area & Catalogue number

BLW16 Pape r

Introduction to Law

Student ID



Given Name/s

If you are required to use a calculator, please note the make and model here

Surname M ake:

Model

Official Reading Time:30 Minutes Writing Time: 2 Hours Parts Questions

A Marks B Marks

Time

Marks

Answer 1 question

45 mins (recommended) 20

Answer 3 questions

75 mins (recommended) 30 50

Total INSTRUCTIONS TO CANDIDATES: This examination is an OPEN BOOK EXAMINATION which means you may take with you into the examination room ANY MATERIALS OTHER THAN BOOKS FROM THE LIBRARIES OF THE UNIVERSITY OF SOUTH AUSTRALIA. These materials may be consulted during the reading and noting time. Notes may be written during the reading and noting time The examination is in TWO sections. Candidates are required to answer questions from BOTH sections. Candidates must answer: ONE question only from Section A THREE QUESTIONS from Section B That is a total of FOUR ANSWERS Clearly print your name and ID number on the exam book. If you are an external student, print a large capital ‘E’ at the top right hand corner of the exam book Please note: Twenty minutes extra time is available to candidates if they produce an Entext card in conjunction with their ID card. Students with a disability must produce their copy of a completed Alternative Assessment Agreement Form. This extra time may be used for: 13

1

• •

Reading or writing Use of an English language dictionary • Other purposes for students with disabilities, as negotiated and as appropriate to the disability. DO NOT COMMENCE WRITING UNTIL INSTRUCTED TO DO SO

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SECTION A - 20 MARKS CANDIDATES MUST ANSWER ONE (1) QUESTION FROM THIS SECTION. ALL QUESTIONS IN THIS SECTION ARE OF EQUAL VALUE. Write an essay of 500 words on any ONE (1) ONLY of the following topics. QUESTION ONE ‘The Constitution of Australia wisely gives the Commonwealth Government the majority of the law making capacity for the country’. Discuss QUESTION TWO Critically evaluate the doctrine of binding precedent in Australian law. QUESTION THREE Describe how you expect a commercial graduate will be associated with the law of Agency during that graduate's professional life. Mention some of the possible legal issues that could arise out of this association with agency.

SECTION B - 30 MARKS CANDIDATES MUST ATTEMPT THREE (3) QUESTIONS FROM THIS SECTION. EACH QUESTION IS WORTH 10 MARKS. QUESTION FOUR Max, a potato buyer at the South Australia market, e-mailed Klein, a Sydney potato marketing agent, asking, ‘Can you supply 50 tonnes of first grade potatoes for delivery next week at $90 per tonne delivered to our market?’ Klein replied. ‘We are having problems of short supply in Sydney. The best I can promise at the moment would be to hold 50 tons of second grade potatoes at the price stated.’ Max replied by telephone, ‘Things are bad. However, they will probably improve in the next few days. To be on the safe side would you hold 50 tonnes of second grade potatoes for me until 9:00 a.m. Friday?’ Klein replied. “Fair enough.” On Thursday night a flash flood destroyed a large portion of the potato crop and the price of potatoes next morning was double the previous quotation.

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At 8:00 a.m. Max telephoned Klein who was not at his office and on asking Klein’s secretary, ‘Where are my 50 tonnes of second grade potatoes?’ was told by the secretary, ‘We have sold all of our potatoes and will not have any for at least four weeks’. Discuss.

[ 10 Marks]

QUESTION FIVE South Australia, at the time of Federation, had a navy comprising an impressive ship called ‘H.M.C.S. Protector’. After 60 years service the 'Protector' was sold and its remains were taken to a tourist resort off the Queensland coast. Many of the ship's original fittings, armaments, etc had been removed many years earlier and the S.A. Museum expressed interest in acquiring any unusual item from the ship. Harry, a keen collector of historical items, purchased a brass compass which was engraved ‘Protector, 1895’. Harry contacted the S.A. Museum and after some negotiations Harry agreed in writing to sell the brass compass to the Museum for $25,000. The compass was to be delivered to the Museum on January 12, 2008. On January 6 Harry was told by Quincy, a naval historian, that the compass was worth at least $100,000 and that Quincy himself would have paid $50,000 cash for it had the compass been offered to him. Harry contacted the S.A. Museum and told its purchasing officer, ‘The compass deal is off as you have not given me a fair price’. On January 8 Harry told Quincy he could buy the compass for $50,000 but Quincy declined as he had now organised a trip overseas. On January 12 Harry refuses to deliver the compass and tells the Museum $50,000 is 'the fair price I will accept'. Discuss.

[10 Marks]

QUESTION SIX Assume you are the accountant for Golden Eagle Petroleum Limited and the management has announced that as from April 1, 2008 a new agreement is to come into effect requiring lessees of Golden Eagle petrol stations to agree to the following conditions:(1) that the lessees will only sell Golden Eagle petroleum products from Golden Eagle petrol stations for the duration of the new leases which will expire on March 31, 2011. (2) That any lessee who does not renew his or her lease in 2011 hereby agrees not to lease any petrol station in the Cities of Adelaide, Melbourne or Sydney for a period of two years after the expiry of the original lease.

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If Golden Eagle Petroleum Limited only have petrol stations in Adelaide and Melbourne but plan to open petrol stations in Sydney in July 2011 and you have been asked to comment on the proposed new agreement what would you say? Support what you would say with legal reasons. [10 Marks] QUESTION SEVEN Fred, a farmer, was in serious financial difficulties due to the drought. The government introduced a Drought Relief Scheme for farmers with properties with a total value including all improvements of less than two million dollars. The relief came in the form of a grant of $150,000 to assist in paying running expenses. To obtain the grant farmers had to produce a certified valuation of the farm from a qualified valuer. Two weeks earlier Fred had obtained a valuation of his farm of four million dollars from Rex, a qualified valuer, for the purpose of insuring the farm. Fred now arranged with Rex to supply a farm valuation of 1.8 million dollars so Fred could claim the drought relief grant. Rex demanded an extra $6,000 over the proper valuation fee for the valuation that was to be given to the government. It was agreed Fred would pay the proper fee plus $1,000 immediately and the balance of $5,000 when the relief grant was received from the government. Three days later a leading newspaper published a front page story titled “Rural Valuation Scam” exposing the practices of valuer Rex. Two independent valuers valued Fred’s farm at three million dollars. Fred did not get the Drought Relief grant. The insurance company also cancelled the insurance contract over Fred’s farm. Discuss.

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SUBMISSION AND RETURN OF ASSIGNMENTS ONLINE SUBMISSION (ASSIGNIT) For this unit all assignments must be submitted online using AssignIT only (for exceptions see under ‘Postal submission’ below). AssignIT is a UniSA service that facilitates the online submission of assignments via a web-based interface. Please note: Assignments submitted by email will not be accepted. An essential guide which explains how to use AssignIT can be found at http://www.unisa.edu.au/helpstudents/assignit/default.asp. However, please note the following key points: •

Access. AssignIT can be accessed either from a link on your unit home page or online at: http://www.unisanet.unisa.edu.au/assignit/

•

Log-on details. Your log-on details are the same as for your online learning resources. (See the section ‘Online at UniSA’ in this Unit information.)

•

Assignment cover sheet. When you submit your assignment using AssignIT, you must include an Assignment cover sheet and type your name where the form asks for your signature. An electronic copy of this form is available from a link on the unit home page. You can copy and paste this document into the front of your assignment. If the assignment is a group assignment, then you should use the group Assignment cover sheet. Assignments cannot be accepted if the cover sheet is not included.

•

Email notification of receipt. When using AssignIT to submit assignments, you will receive an email notification to confirm that your assignment has been submitted.

Return of assignments submitted by AssignIT All assignments will be printed, marked and returned by post. Grades only will be e-mailed via AssignIT.

POSTAL SUBMISSION Assignments can only be submitted by post if: •

The assignment is required in a format that cannot be submitted electronically (eg a folio of non-text items). Please refer to the section in this Unit information on ‘Assessment details’.

•

The student is in an isolated environment where Internet access is not available.

•

AssignIT has a function failure on the date when the assignment is due.

In the cases specified above, the mailing address for assignments is the School Office (see address details in the ‘Welcome’ section of this Unit information)

Important points to note about postal submission When sending in your assignments by post, it is important to: •

Retain a copy for your records.

•

Number the pages and staple them together. Do not use pins or paper clips as these catch on other assignments in the sorting and mailing process, and your assignment could be lost.

•

Do not send assignments in folders, binding, or plastic sleeves. Simply submit assignments by stapling the top left hand corner.

•

Attach an Assignment cover sheet, completed in full, to the front of each of your assignments. Make sure you include your UniSA ID number. These sheets can be downloaded from your 18

unit home page. Please note: Assignments cannot be accepted if a signed Assignment cover sheet is not included.

FACSIMILE SUBMISSION Assignments can only be submitted by fax if: •

The assignment is required in a format that cannot be submitted electronically (eg a folio of non-test items).

•

The student is in an isolated environment where Internet access isn’t available.

•

AssignIT has a function failure on the date when the assignment is due.

Assignments cannot be faxed by students residing within Australia. Only students residing overseas may fax assignments. This submission facility for students residing overseas is provided to avoid delays in assignment receipt which can occur with postal delivery. The fax number is: Fax: (61 8) (08) 8302 0992

DUE DATE The due date refers to the date for submission of your assignments. Please note the following in relation to the specific time deadlines for various submission methods: •

Online submission. Submission of assignments via AssignIT may be made at any time until no later than 11.45pm Australian Central Standard Time on the due date.

•

Postal submission. Assignments/ materials submitted in hard copy must be postmarked or officially franked (as having been sent) before or by 5.00pm on that date. When posting an assignment, please get the Post Office to ensure that the envelope is postmarked, as some methods don’t automatically provide a postmark.

•

Fax submission. Submission of assignments via fax may be made at any time until no later than 11.45 pm Australian Central Standard Time on the due date.

ASSIGNMENT TURNAROUND TIME Our goal is that your assignments will normally be returned to you within three weeks of the date received.

FINAL GRADES Final grades are published approximately four to six weeks after the end of the study period and can be accessed at myUniSA.

EARLY RESULTS Students sometimes require their results by an earlier date for a specific purpose; for example, an application for a postgraduate program. To apply for an early result you need to send a written application to the Academic Support Officer with the relevant documentation; for example, your letter from VTAC indicating the deadline for applications. Send applications to: [email protected] In these cases the university will try to meet the request—although it cannot be guaranteed due to the logistics of exam papers being returned, availability of academic staff, etc. Please note that requests for early release of final grades need to be submitted by Friday of week 12. Results cannot be supplied less than four weeks after the end of the study period.

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EXTENSIONS TO ASSIGNMENT DUE DATES HOW TO REQUEST A 7 DAY EXTENSION •

A seven day extension request form is now available via your online course pages.

•

To submit this form you must use the relevant unit link via AssignIT labelled: ‘7 Day Extension Request form submission – assignment (Assignment Number) only’

•

For example: the unit AssignIT open link should look something like: 7 Day Extension Request form submission – assignment 2 only

•

If you require a seven day extension for an assignment please fill out the 7 Day Extension Request Form and submit via the relevant AssignIT link.

•

You will receive an AssignIT successful submission confirmation email.

•

Retain this email as it is your extension confirmation. This is the only confirmation you will receive.

•

7 day extensions requested via email fax or phone will not be accepted!

•

The AssignIt link will close just before midnight 2 days before the due date. No extensions will be accepted once this link has closed.

•

Please Note: NO date changes to your assignment due date will occur on your MyUniSA pages once you have submitted the request form – you must remember the extension due date and time and submit prior to this.

•

**If you require an extension of more than 7 days you will need to check your unit information to make sure the unit you are studying allows more than 7 day extensions and use the form found at: http://www.unisa.edu.au/oua/admin/forms.asp and email to [email protected] with relevant documentation to support your request.

•

Requests for more than 7 day extensions need to be approved by the unit Coordinator.

EXTENSION REQUESTS OF MORE THAN 7 DAYS •

In requesting an extension of more than seven days, you are required to include a written statement which explains the reason why this extension is needed and any other supporting documentation. For example, if your reason is health-related, you should attach a medical certificate.

•

Requests for an extension of more than 7 days must also be made at least two days before the due date of the assignment.

•

The request form of more than 7 days extension, can be found at: http://www.unisa.edu.au/oua/admin/forms.asp

•

Request for an extension of more than 7 days should be sent to: [email protected]

IMPORTANT NOTE ABOUT EXTENSIONS It is in your interests to think through the consequences of late submission of assignments. A first assignment submitted late may not be able to be returned to you before the second assignment is due. You may then find yourself in the position of having to submit a second assignment before receiving feedback on the first. Second assignments submitted late may not be returned before the exam. Extra time spent on an assignment may reduce the time you have available to do the next assignment or to study for the exam. A 13-week study period can pass very quickly! 20

ONLINE AT UNISA How do I find the online learning resources for my unit? One means of accessing your online learning resources is by going to myUniSA http://www.unisa.edu.au/myunisa, which is the UniSA web-based portal for study-related information and resources. For further details on myUniSA, please refer to the subsection below entitled ‘Student information via the Web: myUniSA’. Alternatively, you can access your online materials by going to the unit home page, which has been established on the UniSAnet system (UniSAnet is the online study environment at UniSA). To go to the unit home page, enter the unit code BLW16 in the search field entitled ‘Area and Catalogue No’ on the following web page, and then click on the related search button: http://www.unisanet.unisa.edu.au/courses/ Once you reach the unit home page, if you check underneath the heading ‘Learning resources for this unit’, you will see a link to the online study guide: http://www.unisanet.unisa.edu.au/courses/course.asp?Course=blw16 If you click on this link, you will be asked to enter your log-on details. If these details are correct, you will then be able to access the online learning resources.

Your UniSA username and password If you are a new student, at the start of the study period, you will receive a letter providing your username and password. Alternatively, the following information will enable you to work out these details.

Your username Your UniSA username is computer generated and is usually made up of: •

the first three letters of your family name

•

plus the initials of your first and second names

•

plus the code 01p (01 is numeric)

If your family name does not have three letters substitute a letter ‘y’. If you do not have a second name, substitute a letter ‘y’. For example, Chris Le. The username is: leycy01p (with no spaces between characters). See the notes below for username exceptions.

Your password Your password is computer generated to a default setting and is made up of •

the first four letters of your family name

•

plus your day of birth

•

plus your month of birth.

If your family name does not have four letters substitute a letter ‘x’. For example, Chris Le was born on 9 July 1980. Chris’s password is: lexx0907 Your password must be in lower case when accessing UniSAnet or myUniSA.

Important notes on your username and password •

For some students, your username may already be used by someone with a similar name. If this is case, the ending may be 02p, 03p, 04p, and so on. If you think you are doing 21

everything else correctly, but you are still unable to log-on, then please contact the IT Help Desk (details below) to confirm the details of your username. •

Your username and password will remain valid for the study period plus two months. Students who re-enrol in any unit in future study periods should, in the first instance, use their existing username and password.

Help—I can’t log-on! 1. Are you entering the correct username and password? 2. Are you a student currently enrolled in an OUA unit offered by the University of South Australia? If you are not sure of your enrolment status, contact Campus Central, Centre for Regional Engagement (Whyalla). 3. In some circumstances, such as when two or more students have a similar family name, you may not be able to enter your username and password using the above formulas. If you are definitely enrolled and still can’t log-on, then please contact the IT Help Desk (details below) to confirm the details of your username.

STUDENT INFORMATION VIA THE WEB: MYUNISA What is myUniSA? All students who are currently enrolled with UniSA have access to myUniSA, a web-based portal for study-related information and resources.

What information can I access? The information available through myUniSA includes the following: •

Links to online resources provided for your unit—unit home page, online learning resources, discussion forums, AssignIT etc.

•

Unit enrolments—unit code, unit value, study period, teaching school, etc.

•

Personal details—full name, date of birth, postal address and contact details.

•

Materials dispatch—dates products have been sent to you.

•

Assignment details—dates assignments have been submitted by AssignIT. Marks of assignments returned by AssignIT.

•

Exam timetables—for units in which you are currently enrolled.

•

Final grade—your overall final grade can be accessed online approximately four to six weeks after the end of the study period.

•

Access to your UniSA email account and library records.

Is myUniSA secure? Yes. You are the only person who can access your information in myUniSA as long as you: •

don’t share your username and password with anyone else

•

close all Web browsers completely when you have finished using myUniSA.

myUniSA also provides you with the option to change your password (see the link available on the initial log-on page). This is another way of keeping your account secure.

22

How do I log-on to myUniSA? 1. Go to the UniSA home page: http://www.unisa.edu.au 2. Click on the word 'myUniSA' on the menu bar at the top of the page. 3. You will then be taken to a 'Welcome to myUniSA' page. Click on the link on this page which says 'Log on to myUniSA'. 4. You will then be prompted with a ‘Username and Password’ pop-up window as below:

5. At the log-on screen enter your username and password. Enter all information in lower case. 6. Select ‘OK’.

What if the personal details information I find in myUniSA is incorrect? Change it straight away! The University of South Australia (UniSA) does not update personal and contact details for Open Universities Australia (OUA) students. To update or correct your personal and contact details, please go to the Personal Details section of My Area on the OUA website, or contact the OUA office in Melbourne. OUA will then advise UniSA of your updated personal and contact details.

Help—I don’t understand some of the information I can see! Each screen in myUniSA has online help which explains the information displayed on the screen. Select the ‘Help’ button at the top of the screen to open the online help. (Select the X in the top right corner to close.) If you need further assistance, contact the IT Help Desk (details below).

EMAIL As part of the enrolment process, all students are issued with a University email account. Your email address is made up like this: (your username)@students.unisa.edu.au. Email is the designated form of contact for a number of UniSA administrative processes. These processes include: •

AssignIT. When using AssignIT to submit assignments, you will receive email notifications when assignments are submitted and/or returned. 23

•

Library. If you borrow books from the UniSA Library you will receive email notices about overdue items. Fees can apply to overdue items. For details, please refer to the Flexible Information Service website: http://www.library.unisa.edu.au/fds/

•

Other UniSA notices. From time to time, other sections of the University send out emails to all students (including OUA students). Some of these messages may be relevant to OUA students, but it is possible that some of these emails will not be directly relevant.

To obtain this information, it is recommended that you log-on to your University of South Australia email account on at least a weekly basis. Note: If you are unable to access your email, you should contact the IT Help Desk at the beginning of the study period.

Redirection of your UniSA email Your UniSA email account is the email address that we will use to contact you. We will not contact you using an alternative email address. If you would like to use a different or secondary email address to receive email, you can redirect your UniSA email to your home or work email address by using the Email Redirection application on myUniSA. Redirecting your UniSA email enables you to receive your UniSA email in your home or work inbox. For further information, please visit the ‘Email redirection’ webpage on the UniSA Information Strategy and Technology Services website: http://www.unisa.edu.au/ists/email/email_redirect.asp

How do I access my UniSA email account? You can access your email account through logging onto myUniSA. Alternatively, you can access your email by doing the following: 1. Go to the UniSA home page: http://www.unisa.edu.au/ 2. Click on the word ‘Email’ on the menu at the top of the page. 3. You will then be prompted with a ‘Username and Password’ pop-up window. •

Enter your username

•

Enter your password

•

Press your ‘Enter/Return’ key or select ‘OK’.

You should now have access to your UniSA email account. Assistance for accessing your email can be obtained at: http://www.unisa.edu.au/ists/Email/default.asp

IT HELP DESK Contact the IT Help Desk (http://www.unisa.edu.au/ists/ITHelpDesk/default.asp) if you are having difficulty accessing UniSAnet, myUniSA or your email account. IT Help Desk phones are monitored Monday through Friday 8.30 am to 9.00 pm Adelaide time. Phone:

(08) 8302 5000 1300 558 654 (price of a local call; mobiles may pay more) 61 8 8302 5000 (international callers)

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PERFORMANCE ASSESSMENT ASSESSMENT GRADES Universities offering OUA units have agreed to use a common set of assessment grades for work submitted by students. Grade

Notation

Notational %

High distinction Distinction Credit Pass Fail Withdrawal

HD D C P N W

85+% 75–84% 65–74% 50–64% <50%

ACADEMIC INTEGRITY UniSA aims to foster and preserve the scholarly values of curiosity, experimentation, critical appraisal and integrity and to foster these values in students. Throughout the learning experience, you are expected to adhere to high standards of academic integrity and honesty. Failure to do so may constitute academic misconduct (see section nine of the Assessment policies and procedures manual at: http://www.unisa.edu.au/policies/manual/). Academic misconduct includes the following: •

Plagiarism (see below).

•

Breaches of the examination procedures in Section six: Examination Procedures of the Assessment policies and procedures manual, presentation of data with respect to laboratory work, field trips or other work that has been copied, falsified or in other ways improperly obtained.

•

Inclusion of material in individual work that has involved significant assistance from another person, where such assistance is not expressly permitted in this booklet.

•

Falsification or misrepresentation of academic records.

•

Other actions that contravene the principles of academic integrity.

Plagiarism and referencing Plagiarism is regarded as a serious issue within the university system with severe consequences for students who have been found to have plagiarised, often the minimum penalty being zero for the assignment. You should be aware that in recent years a number of students were referred to the Academic Integrity Officer. All students should ensure that they are familiar with the plagiarism policy and referencing requirements before commencing the assignment in this unit. Plagiarism includes the following: a. direct copying of the work or data of other persons, from one or more sources, without clearly indicating the origin. This includes both paper-based and electronic sources of material from websites, books, articles, unpublished work such as theses, working papers, seminar and conference papers, internal reports, lecture notes or tapes, and visual materials such as photographs, drawings and designs. b. using very close paraphrasing of sentences or whole clauses without due acknowledgement in the form of reference to the original work. If paraphrasing you still need to include an in-text reference (which includes the page number). And take care that the paraphrasing is not ‘too close’ to the original; i.e. that it is in fact a quote. 25

c. submitting another student's work in whole or in part, where such assistance is not expressly permitted in the Unit information. d. use of another person's ideas, work or research data without acknowledgement. If information contained in the assignment is not your own words or ideas you must acknowledge the source within the text of the paper as well as in the reference list. e. submitting work that has been written by someone else on the student's behalf. f.

copying computer files, algorithms or computer code without clearly indicating their origin.

g. submitting work that has been derived, in whole or in part, from another student's work by a process of mechanical transformation (eg changing variable names in computer programs). h. in any way appropriating or imitating another's ideas and manner of expressing them where such assistance is not expressly permitted in the Unit information. Remember: If you use another person’s words (i.e. you quote) you must indicate that this is a direct quote (usually by quotation marks) and reference the source (including the page number) within the text of the paper. Including the source in the reference list or bibliography is not sufficient. Changing, deleting, adding only a few words, or rearranging the sentence/paragraph does not negate that fact that you are quoting. If you need help with referencing, please refer to the following resources available from the Learning Connections website at: http://www.unisanet.unisa.edu.au/learningconnection/student/studying/referencing.asp: •

Introduction to referencing

•

Styles of referencing

•

Referencing using the Harvard system

•

Frequently asked questions

You should be aware that academic misconduct includes the following: 9.2.2 (c) submitting another student’s work in whole or in part, where such assistance is not expressly permitted in the unit information booklet 9.2.1(e) providing assistance to a student in the presentation of individual work, where such assistance is not expressly permitted in the unit information booklet. Whilst I understand that pressures from fellow students are sometimes difficult to resist, and it is acceptable (and indeed generous) to assist other students by discussing issues relating to assignments, it is not acceptable to provide access to, or copies of, your own assignment (or part of your assignment) to other students. Nor is it acceptable to use another students work as the basis for submission of your own (or part of) assignment, whether quoting, paraphrasing or simply using their ideas. Note that it is intended that assignments in this unit will be checked, using text comparison software, for instances of plagiarism or collusion. More information about Academic integrity can be found in the Assessment policies and procedures manual at: http://www.unisa.edu.au/policies/manual or on the Learning Connection website at: http://www.unisanet.unisa.edu.au/learningconnection/student/studying/integrity.asp 26

UNIT COUNSELLING For this unit, there are a number of definite processes which need to be followed in order to obtain advice about administrative and academic matters. For all administrative queries, please contact Campus Central, Centre for Regional Engagement (Whyalla). This should be done by emailing your query to [email protected]. (Additional contact details are provided in this Unit information in the section entitled ‘Campus Central, Centre for Regional Engagement (Whyalla)’. Alternatively, if you have a query about the academic content of the unit, you should post your query to the Discussion forum on the unit home page. The Unit Coordinator or one of the tutors for the unit will be checking this Discussion forum on a regular basis and will reply to your query. Further information about the Discussion forum facility is provided in this Unit information in the section entitled ‘Learning Resources’.

VARIATION TO ASSESSMENT TASKS Students may request a variance to assessment methods, tasks and timelines based on medical, compassionate or religious observance grounds, or community services. Such variations must be requested before or during the second teaching week or within 5 working days of the distribution of this Unit information. Variations requested after this date will need to be negotiated with the Unit Coordinator and may not be able to be accommodated.

RESUBMISSION There is no provision for resubmission of assignments, unless invited to do so by the Unit Coordinator.

DEFERRED EXAMS A student may apply for a deferred examination on medical or compassionate grounds if the student believes that illness, disability through accident and/or other special circumstances prevented their attendance at the final examination or submission of the final assessment item. Please note that it is the policy of the School of Commerce that there are no deferred exams granted on an already deferred exam. A student can only apply for a deferred examination if they meet all the criteria below: •

the student did not attend the final examination and/or did not submit the final assessment for the unit

•

the student was unable to attend the final examination for medical or other circumstances

•

the circumstances happened in a period of time directly relating to attendance at the examination

•

the student is able to provide documentary evidence to support their application

Applications must be lodged at Campus Central, Whyalla no later than FIVE working days after the examination date. The ‘OUA Application to defer final examination’ form is available at: http://www.unisa.edu.au/oua/admin/forms.asp NB: If you live in a remote location, you can submit you form by fax or email, however, you will still need to submit the original documents, and your application will not be processed until the 27

original documents are received. The original documents must be received at Campus Central Whyalla within 15 days of the date of the exam. You will be notified in writing by the University of the outcome of your application. Please note that it is the policy of the School of Commerce that there are no deferred exams granted on an already deferred exam. More information on deferred assessment can be found in the Assessment policies and procedures manual in section seven (clause 7.4) at: http://www.unisa.edu.au/policies/manual/ or on the Student & Academic Services OUA website at: http://www.unisa.edu.au/oua/Ask_OUA/faq/

SPECIAL CONSIDERATION In this unit special consideration will only be granted where something unforeseen happens either on the day of the examination or during the examination which the student could not have reasonably foreseen. For example, students who are ill before the examination begins but who choose to sit the examination will not be granted special consideration. Such students are advised not to sit the examination, but to apply for a deferred examination. A student can only apply for special consideration if they meet all the criteria below: 1. The student did attend the final examination for the unit 2. The student’s academic performance was significantly impacted by medical or other circumstances 3. The circumstances happened in a period of time directly relating to attendance at the examination or submission of the final assignment 4. The student is able to provide documentary evidence to support their application 5. The student has submitted all unsupervised assessment items Applications must be lodged at Campus Central Whyalla no later than FIVE working days after the examination date (only the Director: Student & Academic Services can waive this timeframe). The ‘OUA Application to for special consideration’ form is available at: http://www.unisa.edu.au/oua/admin/forms.asp All applications for Special Consideration will be referred to the Unit Coordinator for decision. In this unit special consideration will only be granted where something unforeseen happens either on the day of the examination or during the examination which the student could not have reasonably foreseen. For example, students who are ill before the examination begins but who choose to sit the examination will not be granted special consideration. Such students are advised not to sit the examination, but to apply for a deferred examination. Special consideration will only be available to students in this unit when all of the following conditions are met: •

An Exam Incident Report is completed in conjunction with the exam invigilator

•

The student leaves the exam early

•

The student does not complete the final examination or a significant proportion of it.

If special consideration is granted this would normally provide students with the opportunity to sit a deferred examination and the original examination will not be marked. NB: If you live in a remote location, you can submit you form by fax or email, however, you will still need to submit the original documents, and your application will not be processed until the original documents are received. The original documents must be received at Campus Central Whyalla within 15 days of the date of the exam. 28

You will be advised by the Unit Coordinator or delegate of the outcome of your application. More information on special consideration can be found in the Assessment policies and procedures manual in section seven (clause 7.5) at: http://www.unisa.edu.au/policies/manual/or on the Student & Academic Services OUA website at: http://www.unisa.edu.au/oua/Ask_OUA/faq/

EXAMS Most undergraduate OUA units have exams in the week after the end of a study period. It is important that you read this information carefully. •

The University makes arrangements for students to sit their exams at approved exam centres. This includes all domestic and international students.

•

All exams are held during business hours.

•

Students are sent a letter with the details of the centre to attend in week ten.

•

The university pays the cost of the invigilation. However, students need to cover any transport costs. In nearly all cases the centre will be within reasonable proximity to your address.

•

Exams must be sat at the scheduled time and date. Only where a student has an exam scheduled at the same time with another institution are alternative arrangements negotiated. Students in this situation need to contact the Examination Officer by week eight.

•

You need to ensure that your registered address with the university is current and correct. The address used will be the one designated on myUniSA 5 weeks prior to you being contacted. The centre designation cannot be changed after week eight.

•

There will be a small number of students located in remote areas in which we do not have access to professional examination centres. In these situations, we will contact the students individually to discuss options for the supervision of their examinations.

•

Students who have a Disability Access Plan indicating special arrangements for their examinations should contact the Examinations Officer by the end of week eight to ensure that the correct arrangements for their examination are in place.

•

If you wish to apply for Variations to standard requirements you should access the information in regard to criteria and the form that needs to be submitted from the OUA @ UniSA website at: http://www.unisa.edu.au/oua/

•

Please note: It is a complex task to arrange centres for large numbers of students in a diverse range of locations. It is not possible therefore to accommodate individual requests for preferred exam centres.

If you have any queries relating to exams, please contact the Examinations Office using the following contact details: Examinations Officer Phone: Email:

+ (08) 8302 2755 (price of a local call; mobiles may pay more) [email protected]

WITHDRAWAL OF STUDY Withdrawal The exact process for withdrawing from a unit depends on when you decide to withdraw. 29

Withdrawals before the OUA Census Date If you decide to withdraw from a unit before the OUA Census Date (end of week three), you need to contact Open Universities Australia. Please note that withdrawals from an OUA unit prior to the Census Date are eligible for a partial refund. However, refunds are not possible after the Census Date, except when an application for special circumstances is approved by Open Universities Australia. For further information about withdrawing from a unit before the Census Date, please refer to the Open Universities Australia 2008 Handbook or contact Open Universities Australia.

Withdrawals after the OUA Census Date If you decide to withdraw from a unit after the OUA Census Date, please complete a ‘Withdrawal form’, and send it to Campus Central, Centre for Regional Engagement (Whyalla). A copy of this form can be downloaded from the unit home page or the OUA @ UniSA website at: http://www.unisa.edu.au/oua/. Withdrawals under this process can only be accepted when lodged by Friday of week ten of the study period. To confirm a withdrawal using this process, you can check your myUniSA record for confirmation.

Grades for withdrawal A ‘W’ withdraw will be recorded on your academic record where notice of withdrawal has been received.

Assessments not completed If a withdrawal request has not been submitted by the Friday of week ten and the required assessments have not been submitted or completed by the due or negotiated date an ‘N’ Fail grade will be recorded.

Deferrals From 2008 onwards, deferrals will no longer be available for units offered by UniSA through OUA.

CAMPUS CENTRAL, CENTRE FOR REGIONAL ENGAGEMENT (WHYALLA) There are four main sources for accessing information in regard to administrative matters for study with OUA units offered by UniSA. These are as follows: 1. This Unit information booklet 2. The student portal myUniSA 3. OUA @ UniSA website at: http://www.unisa.edu.au/oua/ 4. Contact Campus Central, Centre for Regional Engagement (Whyalla)

Campus Central, Centre for Regional Engagement (Whyalla) contact details Phone:

(08) 8647 6145 1300 361 450 (price of a local call; mobiles may cost more) 61 8 86476145 (international callers)

Fax:

(08) 86476082

Email: [email protected] Phones are attended during normal South Australian business hours. You may leave a voicemail message or fax or email at all other times.

30

CHANGE OF ADDRESS The University of South Australia (UniSA) does not update personal and contact details for Open Universities Australia (OUA) students. To update or correct your personal and contact details, please go to the Personal Details section of My Area on the OUA website, or contact the OUA office in Melbourne. OUA will then advise UniSA of your updated personal and contact details.

OTHER SERVICES FOR STUDENTS UNIVERSITY OF SOUTH AUSTRALIA LIBRARY SERVICE As you are enrolled in a unit offered by the University of South Australia, you are entitled to access a range of services offered by the University Library. Offered through the Flexible Information Service, the aim of this service is to provide you with prompt and user-friendly access to databases, loans, photocopying and an information service. They can search for material on a specific topic if you do not have access to the Internet. Information about the full range of services available to you through the Library is available at http://www.library.unisa.edu.au/fds/ Address Flexible Information Service University of South Australia Library University of South Australia Mawson Lakes Boulevard Mawson Lakes South Australia 5095 Phone: 1300 137 659 (price of a local call; mobiles may pay more) 61 8 8302 6231 (international callers) Fax:

(08) 8302 6699 61 8 8302 6699 (international callers)

Email: [email protected]

DISABILITY SERVICES The University of South Australia has a formal commitment to encourage people to seek access to tertiary study. We take all reasonable steps to ensure that any benefits provided by the University are accessible to students with a disability. This commitment extends to students studying OUA units. There may also be entitlement to a variation or modification to standard assessment arrangements. Services are provided on an individual basis according to access requirements. Further information about disability services is available at: http://www.unisanet.unisa.edu.au/learningconnection/student/defaultdisability.asp Phone:

(08) 8302 4423 or 1300 657 144 (cost of a local call from anywhere in Australia)

Email:

[email protected]

Students with disabilities are entitled to be assessed in ways which ensure a fair opportunity to demonstrate their knowledge. Alternative assessment arrangements may be required to provide

31

this opportunity. Policy for students with disabilities is available at: http://www.unisa.edu.au/policies/

CONTACTING OPEN UNIVERSITIES AUSTRALIA Contact OUA if you intend to withdraw, have a study problem, need some advice or just want to talk to someone. OUA has a team of trained student advisers if you need: •

help choosing which units and modules you wish to study

•

help processing your enrolment

•

information about pathways which are available for a range of qualifications

•

help with enrolling

•

advice about eligibility for the FEE-HELP student loan scheme, credit transfer, or obtaining funds

•

to change your name

Phone:

(03) 8628 2555 1300 363 652 (price of a local call; mobiles may pay more) 61 3 8268 2555 (international callers)

Fax:

(03) 8268 2955

Email:

[email protected]

Website: www.open.edu.au Postal Open Universities Australia GPO Box 5387 Melbourne Vic 3001

APPENDIX ONE—PRESENTATION OF ASSIGNMENTS AND OTHER PAPERS The following notes are provided by the Division of Business and Enterprise to assist students in their written work.

GENERAL LAYOUT An assignment or other paper is required to have the following parts: •

title page

•

text of the paper

•

references

Where there is material additional to the text of the paper to which the writer wishes to refer, an appendix section is also appropriate.

Title page The title page is required to show: •

the name and ID number of the student

•

the code and title of the course

32

•

the name of the Course Coordinator

•

the name of the student's tutor and the day and time of the tutorial

•

the assignment number

•

the due date

Pagination All pages following the title page must be numbered.

TEXT OF THE PAPER The text of a paper should never be in note form. However, the use of appropriate headings may be advantageous.

QUOTATIONS Selective use of short quotations can provide a valuable avenue for validating your use of bibliographic items, as well as for adding authority to views you are putting forward in the paper. At the same time care needs to be taken that they are not used instead of your own words and views. Quoted material is to be reproduced verbatim from the reference and clearly delineated as a quotation by means of single quotation marks and the source properly acknowledged by means of the Harvard (Author-Date) System. Items which are not exact quotations or are not clearly delineated must be avoided as unsuitable.

Citations in Law There are some conventions specifically relevant to legal writing. For example, law journals generally require referencing by way of footnotes, with specific rules regarding form. However, for this course referencing should be consistent with the Harvard System, with references cited in the body of the text.

Citing cases As indicated above, cases should be cited within the text in the form illustrated by the following examples: FCT v. Clarke (1927) 40 CLR 246; Coles Myer Finance Ltd v. FCT 93 ATC 4214. All case names are to be put in italics or underlined. Where a reference is made to, or a quotation is taken from, a particular page of a case (say, page 249 of the Clarke case) that page should be cited thus: FCT v. Clarke (1927) 40 CLR 246 at 249.

Quotations from statutes If the entire section of a statute is to be quoted, it must be identified by section number and then the quotation indented in the usual way. Where only a phrase is being quoted, this should be included within the text of the paper together with the title of the statute and number of the section. After the short title of the Act which is written in italics or underlined, give the year of enactment followed by an abbreviation of the appropriate jurisdiction in brackets. For example: Income Tax Assessment Act 1936 (Cth); Pay-roll Tax Act 1971 (SA).

REFERENCES The references section is a list of all the references cited in the text and should begin on a separate page at the end of the paper. There should be separate headings for books, articles, cases and statutes, with books listed first and statutes last. Within each listing references should be arranged alphabetically. 33

Books References to books are required to be listed alphabetically by authors' surnames and to show details of date of publication, title (in italics or underlined), place and publisher as follows: Lehmann, C., Coleman, C. (1996), Taxation Law in Australia, (4th ed.), Sydney, Law Book Co.

Articles References to articles should conform to the following format: Author (surname and then initials) Date of publication Title of article (in single inverted commas) Name of journal (in italics or underlined) Pages of the article in the journal For example: Chapple, S., (May 1990), 'Treatment of Section 53 Repairs in the 1980s, Taxation in Australia, pp., 736-740.

CASES AND STATUTES These should conform to the examples given above under Citing cases and Quotations from statutes.

FOOTNOTES Footnotes can be used in appropriate cases to provide, for example, additional information in relation to a point in the text. Footnotes should be placed at the bottom of the relevant pages and numbered consecutively from one. (Do not start the numbering at one again after you begin a new page). In the text, the reference number should immediately follow the point to which it refers and should be raised above the line.

APPENDICES Where the writer wishes to append statistics, diagrams, tables or other material outside the text and counted word length of the paper, this can be done by means of appendices. Where these are included they should follow the references, with a separate appendix for each item, numbered Appendix one, Appendix two, etc.

ASSESSMENT A paper which does not accord with the required standard of layout may be penalised for assessment purposes.

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APPENDIX TWO—TUTORIAL QUESTIONS PART ONE

Topic one—Tutorial one 1. Who in your opinion should determine the substance of laws in a nation? 2. Parliament's will is supreme, but only to the extent that the exercise of its power is constitutional. Explain. 3. What is delegated legislation? How does it encroach on the doctrine of the separation of powers? What protections limit the exercise of this power by the executive? 4. Explain the distinction between common law and equity and why two strands of case law emerged. 5. Consider the following 'commercial law' problem: Otto wins an original John Lennon painting. Otto signs a contract legally selling the painting to Jack for $10,000. Jack pays Otto and arranges to collect the painting on the following Saturday. On the next Wednesday Claude sees the painting and offers Otto $15,000 for it. Otto accepts and Claude pays Otto and takes the painting. Jack meets Otto on Saturday and Otto says he is sorry he no longer has the painting and offers Jack the return of $10,000. Should Jack be able to recover the painting? Give reasons for your answer. Is your answer fair? Is there another answer which could be fair? Is your answer the 'right' answer?

Topic two—Tutorial two 1. Explain the principles of reception of English law into Australia and the significance of the Statute of Westminster 1931 and the Australia Acts 1986. 2. What does terra nullius mean? Why was it rejected in Mabo (see Butterworths Course Materials pages 52-62) as the applicable law in Australia? What are the major implications for our legal system of its rejection? 3. Briefly explain the term 'Federation'. Describe how power to legislate is shared between Federal and State parliaments. Could our system be improved? 4. The Tasmanian Dams case (see course homepage) saw the ultimate capitulation of the High Court to the political whims of Canberra. a. Explain why this case was decided by the High Court. b. What was Tasmania's principal argument? c. On which head of constitutional power did the Commonwealth mainly rely? d. What was the consequence of this decision for the balance of power between state and federal governments?

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Topic three—Tutorial three 1. What is the ratio decidendi of a case? What is the relevance of the ratio under the doctrine of precedent? What is meant by distinguishing a case? 2. Of what value are comments made obiter by a judge? Why should they be made at all? 3. [The common law has been developed] from case to case, like the ancient Mediterranean mariner, hugging the coast from point to point and avoiding the danger of the open sea of system and science. Lord Wright Discuss the advantages and disadvantages of judicial law making. 4.

a.

What was the ratio in Donoghue v Stevenson [1932] AC 562. (see Butterworths Course Materials pages 153-156)? What assistance was drawn from previous cases? What was the legal significance of the sealed bottle?

b.

What is the lawyer's answer to the question 'who is my neighbour'?

c.

What are the key elements of the tort of negligence?

d.

What was the significance of the decision in Shaddock and Assocs. V Parramatta City Council (1981) 36 ALR 385 (see Butterworths Course Materials pages 157-167) for business and management professionals?

PART TWO Note: Text questions refers to the questions at the end of each chapter in Graw, S. (2008) An Introduction to the Law of Contract 6th edition. Lawbook Co.

Topic four—Tutorial four Contractual agreement 1. Case: Pharmaceutical Society of Great Britain v Boots Cash Chemists [1953] 1 QB 401 (see Butterworths Course Materials pages 172-175). Questions: a. On what legal argument did the appellant (Pharmaceutical Society) base its contention that the respondents had contravened the Pharmacy and Poisons Act? b. How does this decision recognise commercial reality? (What if the court had found in favour of the appellant?) 2. What problems would it cause for business if all advertisements were considered

offers?

3. Text questions, Graw chapters three, question one, 11 and 16 and chapter four, questions four, nine and 22.

Topic four—Tutorial five Consideration and intention 1. Case: Todd v Nicol [1957] SASR 72 (see Butterworths Course Materials pages 212-218). a. Which legal presumption did the Todds have to rebut for their action to succeed? b. Outline the court's decision and explain the reasons for it.

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2. Text questions, Graw chapter six, questions five, seven , 17 and 20(a), (b), (g) and (h) & 21(g).

Topic five—Tutorial six Terms of a contract 1. Cases: Oscar Chess v Williams [1957] 1 WLR 370 and Dick Bentley v Harold Smith Motors [1965] 2 All ER 65 (see Butterworths Course Materials pages 222-225). Questions: a. What did Lord Denning consider to be the 'crucial point' in Oscar Chess v Williams? b. How did Lord Denning suggest the parties' intentions are to be deduced? c. What role does the 'intelligent bystander' play? d. Why did Oscar Chess's appeal fail? e. Why did Dick Bentley Productions' appeal succeed? 2. Text questions, Graw chapter nine, questions one, 15 and 19 and chapter ten, questions two, eight, nine and 20.

Topic six—Tutorial seven Mistake and misrepresentation Mistake 1. Text questions, Graw chapter 11, questions 11 & 14. Misrepresentation 2. Case: Edgington v Fitzmaurice (1885) 29 Ch D 459. (See Butterworths Course Materials pages 271-273). Questions: a. What were the key facts in this case? b. What type of misrepresentation was this? Would it have made any practical difference if it had been a case of innocent misrepresentation? c. Why was this case not regarded as a precedent in the case of Bisset v Wilkinson [1927] ACC 177? 3. Text question: Graw chapter 12, questions three, four, five, ten, 15 and 22.

Topic 6—Tutorial 8 Capacity, fairness and legality Capacity 1. Text question, Graw chapter seven, questions 21 and 27. 2. Case: Johnson v Buttress (1936) 56 CLR 113 (see Butterworths Course Materials pages 286290 and Graw pages 328-330). Questions: a. Was Buttress forced, tricked or misled in any way into parting with his property? Or was he simply a victim of his own folly? b. Is this case one of presumed undue influence or undue influence arising on the facts? c. What must the stronger party do in such cases to preclude a finding of undue influence? 37

3. How do the doctrines of undue influence and unconscionability differ? Why is Amadio’s case (see Butterworths Course Materials pages 291-294) seen as one of unconscionability rather than undue influence? 4. Case: Lindner v Murdock's Garage (1950) 83 CLR 62 (see Butterworths Course Materials pages 295-301). Question: Why was the agreement with Lindner invalid as being an unlawful restraint of trade?

Topic seven—Tutorial nine Discharge and remedies 1. Case: Victoria Laundry (Windsor) v Newman Industries [1949] 2 KB 528 (see Butterworths Course Materials pages 322-323). Questions: a. In this appeal the appellants received good news and bad news. Which was which and why did the court come to its conclusion? b. Joanna asks a courier to ensure an envelope is delivered by a particular time. Unknown to the courier and his company it contains a bid for a tender that must be lodged by that time. The bid is delivered late and rejected. It emerges that the bid would have been successful and resulted in a large profit for Joanna's company. With reference to the Victoria Laundry case discuss Joanna's chances of obtaining damages. 2. Text questions, Graw chapter 15, questions 19 and 20 and chapter 16, questions four, 11 and 21.

PART THREE Topic eight—Tutorial ten 1. Outline the ways in which an agency may be created. 2. Albert owned a new home and decided to have a landscaped garden. Albert engaged the services of Bill's Garden Company who in turn instructed Claude, an expert in landscape gardening, to carry out the actual work. During the course of the work Claude ordered 24 monthly deliveries of garden fertilisers. Claude signed the contract as 'agent for Albert'. Can the supplier of the garden fertilisers sue Albert for the cost of the 24 monthly deliveries? 3. Quickcheck, an accountant, employed John as his agent in a town in the country area. Woolsback, a grazier, asked John to prepare his tax return. John persuaded Woolsback to sign blank share transfers and lodge them with him. John subsequently transferred Woolsback's shares into his name and absconded with the proceeds. Advise Quickcheck. 4. Brenton, aged 14, purchased an air rifle for $350 from Davies Stores. Brenton placed the purchase on his father's account. Comment.

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Topic eight—Tutorial 11 1. Suggest three circumstances where a person would be wise to appoint a power of attorney and briefly explain the function of the attorney. 2. Jane Austen is a used car saleswoman. She works as an independent sales representative for Savoy Cars Ltd, which claims to be the 'sole Australian agent for Bombatil Automobiles of Russia'. Savoy has only a couple of Bombatils in its show room for demonstration purposes, but if an order is ever placed for one, it proposes to purchase the car at wholesale price from Russia and resell it to the customer at the established retail price. Sylvester is a sensitive man who has renounced the consumer society. However, when he hears that Bombatils are now available in Australia, he is interested, because they do not represent the wasteful, consumer mentality of the Western manufacturers. But he already has a second hand automobile in good working order. After some deliberation, he asks Jane to come and see him. She shows Sylvester a Savoy brochure with her name stamped on it. It says: 'Introducing JANE AUSTEN, Savoy's Agent in your area, particularly for quality Russian cars and accessories'. Sylvester explains his interest and the problem that he already has a car. Jane quickly says: 'How about a luxury Bombatil caravan then?' Sylvester is thrilled. Jane draws up a contract to supply the caravan in two months time and Sylvester signs for himself and she signs on behalf of Savoy. As it happens there have been supply problems with the caravans from the Siberian factory and six weeks ago, Savoy instructed all its agents that it was withdrawing their authority to sell the caravans on its behalf. Jane had forgotten this. Jane was often forgetting things. She had been an embarrassment to Savoy before. Two months later, Sylvester still has no caravan, he is forced to pay $2,000 for four day's accommodation in a suite at Sydney's Intercontinental Hotel, where he is attending a poet's conference. It is the only accommodation available in Sydney. Sylvester had hoped to be able to stay in his caravan. He claims damages from Savoy Cars, but it denies liability. Jane is petitioning for her own bankruptcy. Advise Sylvester whether Savoy or Bombatil is bound by the caravan contract, noting specifically the following questions: a. What is the legal relationship between Savoy and Bombatil? b. To what extent is Savoy bound by Jane's actions? c. Who would sue whom and with what result? (Consider also the issue of remoteness of damage.) 3. Fob, a surveyor, saw an advertisement by a dealer in the daily paper advertising 'Japanese four wheel drive vehicles at a special low price of $35,000'. Fob showed his assistant, Watch, the advertisement and told Watch to 'see if you can buy one of these advertised vehicles for our company immediately as we need a four wheel drive vehicle for our big territory survey which starts tomorrow'. Watch called on the dealer who explained to Watch that the Japanese vehicle may be too heavy for the territory survey and it was only a basic model. The dealer recommended a lighter weight Korean four wheel drive vehicle which had numerous accessories and sold for $31,000. Watch telephoned Fob for instructions but was informed that Fob had been urgently required interstate and could not be contacted for several days. Watch purchased the Korean vehicle as agent for Fob and took immediate delivery. 39

Subsequently, Watch discovered that the Japanese vehicle would have been suitable for the territory survey and that the Korean vehicle was capable of only doing half of the work, had a shorter working life, a lower resale value and the accessories were of no great benefit for survey work. Fob returns from interstate and is very upset about the purchase. Discuss.

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APPENDIX 3—MODEL QUESTION AND ANSWER Mary, in conversation, asked her brother Tom what he would take for his Bugatti motor car (a rare veteran car). Tom said that for her he might be prepared to go as low as $20,000 delivered to her home. A week later, Mary, who had returned to her home in Melbourne, wrote to Tom accepting his offer unless she heard to the contrary by the end of the week. Tom immediately faxed her to say the car was hers. Mary, however, before receiving Tom's fax, decided against buying the car and had written a second letter to Tom declining his offer and revoking her acceptance of that offer. Tom, who is upset that his sister has turned down what he sees as a generous offer (the market price for such cars being much higher) decides to enforce the contract he thinks he has made with Mary. Meanwhile, Colin, a nephew of Mary and Tom, has heard that Tom is offering to sell his Bugatti for $20,000 and faxes Tom unconditionally accepting his offer to sell his Bugatti for $20,000. Tom's fax machine is now faulty and he never receives Colin's fax. Colin, however, has prudently sent a copy of his faxed acceptance by ordinary mail and this reaches Tom two days later. Tom wants to sell his Bugatti to Mary, not Colin. Discuss the contractual issues involved. The market value of the Bugatti motor vehicle is, depending on its condition, around $30,000.

Offer Both the initial enquiry by Mary and Tom's reply can be characterised as request for information and not offers: Harvey v Facey (1983) AC 552. Moreover, Tom's reply that he 'might be prepared to be as low...' cannot amount to an offer as it does not indicate a 'definite declaration by him that it (the offer) will be honoured upon acceptance'. Even though she mistakenly believes she is accepting Tom's offer, Mary's letter to Tom is an offer. These facts are not dissimilar to the 'invitation to treat' cases such as Pharmaceutical Society (G.B.) v Boots Cash Chemists (Southern) Ltd (1952) 2 QB 795 and Fisher v Bell (1961) 1 QB 399 where the Courts held that the offer was made by the vendor of the goods but by the purchaser.

Acceptance In Felthouse v Bindley (1862) 142 ER 1037 the Court decided that it was not permissible for the offer to prescribe silence as a form of acceptance. Therefore, Mary's statement, 'unless she heard to the contrary' is not effective to force Tom to have to communicate with her. Apart from silence (which is not applicable for the reasons set out above) Mary has not specified any particular form of communication as the means of relaying the acceptance or rejection of her offer. The general rule is that the same form of communication should be used in acceptance as is used for the offer—subject of course to the specific nature of the transaction. Here there are no perishable goods etc and so a faxed reply would seem inappropriate. It is not effective until it is received by Mary. The postal rule has not been extended to apply to instantaneous communication like faxes, Reese Bros Plastics Ltd v Hamon-Sobelco Australia Pty Ltd (1988) 5 BPR 11, 106.

Revocation Mary has promised to keep the offer open until 'the end of the week'. As Tom has not paid anything for this additional promise, Mary is entitled to withdraw it at any time both before and after the end of the week, Routledge v Grant (1928) 130 ER 920. In order to be effective a revocation must be communicated to the offeree before acceptance by the offeree. The postal rule is a rule which applies to acceptance only and not to revocation and hence Mary's second letter must be received by Tom before she reads his fax in order for her revocation to be operative, Byrne v van Tienhoven (1880) 5 CPD 344. Although we aren't told, it is reasonable to assume that because faxes are instantaneous and letters take at least 24 hours, 41

Mary would read Tom's fax before he would receive her letter. Accordingly, Tom, subject to the comments below, may enforce Mary's offer.

Intention Tom and Mary are siblings. The general presumption is that there is no intention to create legal relations in family situations, Murphy v Simpson (1957) VR 598. However, the presumption can be rebutted by looking at the parties' intention and the seriousness of the consequences, Riches v Hoben (1986) 1QdR 315. Objectively assessed, written correspondence plus the sum of $20,000 would indicate that the presumption ought to be set aside with the conclusion that the parties did intend to enter into legal relations.

An offer to the world at large? Tom has not made an offer to Colin. Tom's discussion with Mary was private and unlike Carlill v Carbolic Smoke Ball Co (1938) 1QB 256 was not directed to the 'world at large' and thus capable of acceptance by anyone who knew about it. At best, Colin's letters are merely offers themselves which Tom may (provided he doesn't sell the vehicle to Mary) choose to accept or may reject.

Consideration Finally, Tom offers the car for twenty thousand dollars ($20,000) but it is worth thirty thousand dollars ($30,000). Courts will not look into the sufficiency or the amount of consideration paid. Provided that there is some value which is adequate then the Courts will not intervene to determine if it is sufficient, Chappell & Co Ltd v Nestle Co Ltd (1960) AC 87. This is to be taken as a model answer only. Prepared by Elizabeth Dowd, October 1996. Not all issues in the above answer necessarily apply to each tutorial or exam question. You will have to decide which issues are relevant in each case.

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STUDY SCHEDULE—STUDY PERIOD 4, 2008–2009 Week

Dates

1

1–5 December

2

8–12 December

3

15–19 December

4

22–26 December

5

29 Dec–2 January

6

5–9 January

7

12–16 January

8

19–23 January

9

26–30 January

10

2–6 February

11

9–13 February

12

16–20 February

13

23–27 February

14

2–6 March

Content/Work due

Assessment one due

Last week to withdraw Assessment two due

Exam week

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BLW16/UI/02/2008