MNMGT304-22B (HAM)

Commercial Transactions

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law

Staff

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Convenor(s)

Lecturer(s)

Administrator(s)

: denise.martin@waikato.ac.nz
: maxine.hayward@waikato.ac.nz

Placement/WIL Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: nat.enright@waikato.ac.nz
: yilan.chen@waikato.ac.nz

You can contact staff by:

  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
    • For extensions starting with 4: dial +64 7 838 extension.
    • For extensions starting with 5: dial +64 7 858 extension.
    • For extensions starting with 9: dial +64 7 837 extension.
    • For extensions starting with 3: dial +64 7 2620 + the last 3 digits of the extension e.g. 3123 = +64 7 262 0123.
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Paper Description

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An examination of essential elements of contract law, commercial sale of goods, personal property securities, credit contracts and consumer finance, and aspects of fair trading and consumer guarantees law.
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Paper Structure

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This is a Semester B and FLEXI paper. The teaching component comprises TWO lectures per week which consist of ONE 2 hour lecture and ONE 1 hour lecture.

Students can attend in person, online, or view recordings of the lectures asynchronously.

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Learning Outcomes

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Students who successfully complete the paper should be able to:

  • (a) Identify and apply to given fact scenarios, the statutory and common law rules that apply to contracts governed by the Contract and Commercial Law Act 2017.
    Linked to the following assessments:
  • (b) Identify and apply to given fact scenarios, relevant statutory rules in respect of the financing of the commercial sale and purchase of goods, as provided for by the Personal Property Securities Act 1999.
    Linked to the following assessments:
  • (c) To gain a practical understanding of the application of principles of the Credit Contracts and Consumer Finance Act 2003
    Linked to the following assessments:
  • (d) Identify and apply, relevant statutory provisions and legal principles in relation to fair trading law as contained in the Fair Trading Act 1986
    Linked to the following assessments:
  • (e) Identify and apply relevant statutory rules that relate to the provision of consumer guarantees in respect of both goods and services pursuant to the Consumer Guarantees Act 1993
    Linked to the following assessments:
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Assessment

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Test 1
19 Aug 2022
2:00 PM
31
  • Online: Submit through Moodle
2. Test 2
23 Sep 2022
2:00 PM
31
  • Online: Submit through Moodle
3. Test 3
21 Oct 2022
2:00 PM
31
  • Online: Submit through Moodle
4. Tutorial Attendance and Written Homework Submissions
7
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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All School of Management students are required to purchase, for use in this law course, a copy of McLay, Murray & Orpin, New Zealand Law Style Guide, 3rd edition, Thomson Reuters (2018). This is available from Bennetts, at an approximate price of $37 incl GST.

In addition to the texts identified below, the Faculty of Law requires that students purchase the course materials book(s), of which there are TWO, for this paper. These are available from Waikato Print.

Required

Paper materials- there are TWO materials books for this course.

Statutes

Consumer Guarantees Act 1993

Contract and Commercial Law Act 2017

Credit Contracts and Consumer Finance Act 2003

Fair Trading Act 1986

Personal Property Securities Act 1999

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Recommended Readings

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Highly Recommended

H Holderness (ed) Introduction to Commercial Law (5th ed, LexisNexis NZ, Wellington 2016)

L Miller & M Barber Understanding Commercial Law (9th ed, LexisNexis, Wellington, 2019)

B Allan The Law of Secured Credit (Thomson Reuters, Wellington, 2016)

K Tokeley (ed) Consumer Law in New Zealand (2nd ed, LexisNexis, Wellington, 2014)

N Wood Sale of Goods in New Zealand (Thomson Reuters, Wellington, 2018)

Recommended

B Allan Personal Property Securities Act & Analysis (Thomson Reuters, Wellington, 2010)

D Webb and C Birkenshaw Credit Contracts and Consumer Finance in New Zealand (Brookers, Wellington, 2004)

B Bevan Consumer Credit (LexisNexis, Wellington, 2005)

Bevan & Others Consumer Law (LexisNexis, Wellington, 2009)

Of Interest

J Malbon and L Nottage (eds) Consumer Law & Policy in Australia and New Zealand (The Federation Press, Annandale, 2013)

Sarah Summers & Stuart Walker Lending and Securities-changes to Consumer and Commercial Credit Laws (June 2012, New Zealand Law Society Continuing Legal Education Limited

Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such material is provided on the following terms:

University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.

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Online Support

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Online support for this paper is provided via Moodle.
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Workload

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Students should expect to spend 150 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.
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Linkages to Other Papers

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This course is linked to course ACCTN304-22A, in that corporate entities are very much the major participants in commercial transactions which form the main focus of course MNMGT304-22B.
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Prerequisite(s)

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: ACCT224, ACCT321, ACCT324, MNMGT201, MNMGT301, LEGAL404.

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