Business law program



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BUSINESS LAW PROGRAM
Faculty of Law

LAWS3308

Marketing Law

6 credit points



Unit Outline
Semester 2 – 2011

Unit Coordinator & Senior Tutor: Associate Professor Jani McCutcheon

Office: Law Link Building Room 2.36

Telephone: 6488 2964

Email: jani.mccutcheon@uwa.edu.au

http://www.law.uwa.edu.au/courses/undergrad/business

This Unit Outline should be read in conjunction with the Business School Unit Outline Supplement available online at http://www.business.uwa.edu.au/students/unit_outline_supplement

This unit is run through the Business Law Office.

Please visit this office for any queries relating to this unit and to submit your assignment.
Business Law Administration Office

Faculty of Law M253

The University of Western Australia
Location: Ground floor, Economics & Commerce Building

(just inside the entrance, on the left)

Tel: 6488 3642

Email: natasha.terbeeke@uwa.edu.au

Website: http://www.law.uwa.edu.au/courses/undergrad/business

All material reproduced herein has been copied in accordance with and pursuant to a statutory licence administered by Copyright Agency Limited (CAL), granted to the University of Western Australia pursuant to Part VB of the Copyright Act 1968 (Cth).


Copy of this material by students, except for fair dealing purposes under the Copyright Act, is prohibited. For the purposes of this fair dealing exception, students should be aware that the rule allowing copying, for fair dealing purposes, of 10% of the work, or one chapter/article, applies to the original work from which the excerpt in this course material was taken, and not to the course material itself.
© The University of Western Australia 2011


CONTENTS





UNIT DESCRIPTION 6

CONTACT DETAILS 7

CONSULTING WITH TEACHING STAFF 8

TEACHING AND LEARNING STRATEGIES 8

business law minor 8

UNIT STRUCTURE 9

TEXTBOOKS & OTHER LEARNING RESOURCES 11

ASSESSMENT 13

general rules, policies and procedures 18

LECTURE AND TUTORIAL PROGRAM 2011 21


UNIT DESCRIPTION

Introduction


This unit is designed to introduce students to some of the most important areas of the law affecting the marketing of goods and services and to place familiar marketing concepts in an appropriate legal context. The unit also seeks to promote an understanding of the arguments for and against government regulatory intervention in Australian markets for goods and services. These objectives will be achieved by tracing the development of a marketing enterprise from product development and protection, through pricing and promotion decisions, to distribution, sales and after-sales care arrangements. In so doing the unit will deal with the following important legal topics:


  1. the nature and role of “intellectual property rights” in or over goods or services and the extent to which those rights can be used to prevent one trader from copying the goods and services of another trader or otherwise unfairly taking advantage of the first trader’s business reputation or goodwill;




  1. the “consumer protection” provisions of Part 3-2 of the Australian Consumer Law (the ‘ACL’) (Schedule 2 to the Competition and Consumer Act 2010 (Cth) – the “CCA”) and in particular the legal rights and duties which this legislation imposes on product and service creators and distributors in relation to the manufacture, promotion, distribution and sale of goods and services to consumers;




  1. the common law and statutory provisions designed to protect both consumers and small business operators against “unconscionable conduct” (ACL Part 2-2);




  1. competition law and policy” and especially the legal control of anti-competitive market behaviour including collusive relationships between competitors, misuse of market power, vertical and horizontal price fixing and other proscribed conduct (CCA Part IV);




  1. legal remedies and dispute resolution processes” available to competitors, consumers and regulatory authorities both at common law and under the CCA; and




  1. miscellaneous matters” relating to product packaging and labelling, the common law rules preventing unreasonable contractual provisions in restraint of trade, the legal regulation of unfair, misleading or deceptive selling and distribution techniques and the impact on Marketing Law of electronic commerce.

Learning outcomes


At the conclusion of this unit students should be able to:
(1) demonstrate a basic understanding of the principles of law applicable to each stage in the ‘marketing cycle’ and of the arguments for and against government regulatory intervention in Australian markets for goods and services, especially as regards the need for and proper scope of provisions designed to promote and protect the interests of consumers;
(2) critically analyse the factual matrix of a ‘marketing law’ dispute and state the legal issues that arise, cite the legal principles that are needed to resolve the legal issues as well as the statutory and case authorities that are the source of those principles; and
(4) apply those legal principles to the facts of the case and reach a reasoned conclusion as to the appropriate legal outcome of the dispute.


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