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307664

Engineering Law 202

Mr Stephen Monterosso

Faculty of Engineering
Curtin Engineering

UNIT OUTLINE
Semester 2 2010

CRICOS (Perth - 00301J) (Sydney - 02637B)


307664 Engineering Law 202

Table of Contents

INTRODUCTION ......................................................................................................................... 1

ESSENTIAL ADMINISTRATIVE INFORMATION ......................................................................... 1

TEACHING STAFF ..................................................................................................................... 3

UNIT COORDINATOR ................................................................................................................ 4

UNIT SYLLABUS ........................................................................................................................ 5

LEARNING OUTCOMES............................................................................................................. 5

LEARNING ACTIVITIES .............................................................................................................. 5

STUDENT FEEDBACK ............................................................................................................... 6

LEARNING RESOURCES........................................................................................................... 6

TEXT BOOK................................................................................................................................ 6

Recommended Texts: .............................................................................................................. 6

ASSESSMENT DETAILS ............................................................................................................ 7

Assessment Summary ............................................................................................................. 7

Assessment Task Details ......................................................................................................... 7

Supplementary and Deferred Assessments .............................................................................. 8

Referencing Style .................................................................................................................... 8

Awarding of Grades ................................................................................................................. 8

STUDENTS’ RIGHTS AND RESPONSIBILITIES ......................................................................... 8

ADDITIONAL INFORMATION ..................................................................................................... 9

Telephone Contacts: ................................................................................................................ 9

UNIT STUDY CALENDAR......................................................................................................... 11


307664 Engineering Law 202

INTRODUCTION
Welcome to Curtin Engineering. The School of Engineering at Curtin aspires to be nationally and
internationally recognised as a leader in Engineering education and research. We are dedicated
to the enhancement of teaching and research and the pursuit of excellence and innovative
applications of engineering technology as a contribution to the advancement of scientific
knowledge, understanding and community relevance.

ESSENTIAL ADMINISTRATIVE INFORMATION


Unit Title Engineering Law 202

Unit Study Package Number 307664

Unit Coordinator Mr Stephen Monterosso

Teaching Area Faculty of Engineering

Credit Value 12.5

Mode(s) of study Informational

Pre-requisites None.

Co-Requisites None.

Anti-requisites None.

Additional requirements None.

Core Unit Bachelor of Engineering

Core Unit status If you are taking this unit as a required (core) unit in your
course of study, you may be terminated from your course of
study if you fail this unit twice.

Result Type This is a grade/mark unit.

Ancillary Fees and Charges All fee information can be obtained through the Fees Centre.
Visit http://www.fees.curtin.edu.au/index.cfm for details.

Unit Website Via http://oasis.curtin.edu.au

Faculty or School Website http://www.fac.eng.curtin.edu.au/home/index.cfm

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307664 Engineering Law 202

Tuition Pattern 1 x one hour lecture per week.

1 x one hour tutorial per week.

The purpose of the lecture is to explain, discuss and analyse


some of the principles of law in the unit, and the application of
those principles to the field of engineering. The lectures will
cover some material that is not included in the Study Guide.
All the material presented in the lectures is examinable.

Because of student numbers and time constraints, a free


exchange of questions and comments between students and
lecturer during lectures is generally not possible. However,
you may approach your lecturer to discuss or clarify points
arising from the lecture immediately after the lecture (if there is
time), or at the lecturer's designated consultation time.

Please note that the information that is provided during


lectures will not be provided individually to students via email.
Email is not a substitute for lectures.

You are required to attend one tutorial per week, commencing


in the second week of the semester.

The purpose of a tutorial is to:

 discuss tutorial questions;

 provide a small group forum for learning and applying


decision-making, written and oral communication skills;

 to provide feedback on tutorial questions and other


assessments; and

 provide an opportunity for you to raise questions about the


topics and course content.

The first two tutorials have been designed to help you


understand the way in which to learn law. The remaining
tutorials will focus on analysis and group discussions of the
questions found in the Study Guide. You are expected to
prepare the tutorial questions before you come to the tutorial,
and be prepared to discuss the answers and related issues.

Please note that the information that is provided during


tutorials will not be provided individually to students via email.
The email is not a substitute for tutorials.

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307664 Engineering Law 202

TEACHING STAFF
The lecturer for this unit and their contact details are below:

Your lecturer or tutor: Mr Stephen Monterosso

Email: s.monterosso@curtin.edu.au

Phone: 9266 3879

Building: 407

Room: 329

You may see your lecturer during the consultation times, which will
be provided by your lecturer. Please note that in certain unavoidable
and unforeseen circumstances the lecturer may not be available
during the consultation times. Every effort will be made to notify
students in advance if the lecturer will not be available.
You are welcome to make a personal appointment with your lecturer
if you wish to see your lecturer outside the consultation times.
By phone
You are welcome to contact your lecturer by phone. If you reach an
answering machine please make sure you leave your full name and
contact number.
By email
Contact Hours: You are also welcome to contact your lecturer via email. However,
before sending an email, please make sure that the information you
are seeking has not already been provided in the unit outline, Study
Guide, on FLECS-Blackboard, during tutorials or during lectures. The
email may not be used as a substitute for non-attendance at tutorials
and lectures.
When sending an email please observe proper email etiquette.
Appropriate and courteous language must be used at all times.
Please do not use abbreviations or SMS style messaging when
writing an email. Always provide your full name, student number and
tutorial group when you send an email.
Please note that the lecturer will use a student’s Curtin email address
if it is necessary to contact a student. It is the students’ responsibility
to ensure that they regularly check their Curtin email for official
correspondence.

The teaching staff will assist you with your learning and any problems or difficulties you may be
experiencing while undertaking this unit. They will also mark your assignments and provide
feedback in relation to your progress in this unit.

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307664 Engineering Law 202

UNIT COORDINATOR
Every unit also has a person who is responsible for the overall administration of that unit. This
person is the Unit Coordinator. If you cannot contact the person who is teaching you (named
above) or if you have further queries about this unit, you may wish to contact the Unit Coordinator
for this unit. Their contact details are below:

Unit Coordinator: Mr Stephen Monterosso

Email: s.monterosso@curtin.edu.au

Phone: 9266 3879

Building: 407

Room: 329

You may see your lecturer during the consultation times, which will be
provided by your lecturer. Please note that in certain unavoidable and
unforeseen circumstances the lecturer may not be available during the
consultation times. Every effort will be made to notify students in
advance if the lecturer will not be available.
You are welcome to make a personal appointment with your lecturer if
you wish to see your lecturer outside the consultation times.
By phone
You are welcome to contact your lecturer by phone. If you reach an
answering machine please make sure you leave your full name and
contact number.
By email
Contact Hours: You are also welcome to contact your lecturer via email. However,
before sending an email, please make sure that the information you
are seeking has not already been provided in the unit outline, Study
Guide, on FLECS-Blackboard, during tutorials or during lectures. The
email may not be used as a substitute for non-attendance at tutorials
and lectures.
When sending an email please observe proper email etiquette.
Appropriate and courteous language must be used at all times. Please
do not use abbreviations or SMS style messaging when writing an
email. Always provide your full name, student number and tutorial
group when you send an email.
Please note that the lecturer will use a student’s Curtin email address if
it is necessary to contact a student. It is the students’ responsibility to
ensure that they regularly check their Curtin email for official
correspondence.

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307664 Engineering Law 202

UNIT SYLLABUS
 Introduction to the law.
 The Australian legal system.
 Contract law.
 Tenders.
 Law of negligence.
 Intellectual property law copyright, patents and designs.
 Employment, Occupational, Health and Safety Law.

LEARNING OUTCOMES
On successful completion of this unit you will be able to:

1. Apply the fundamental principles of the law to engineering issues.


2. Describe the nature and structure of the Australian legal system.
3. Analyse some of the legal rules and principles that govern australian society.
4. Apply relevant legal principles to solve hypothetical legal problems.

LEARNING ACTIVITIES
1 x one hour lecture per week.
1 x one hour tutorial per week.
The purpose of the lecture is to explain, discuss and analyse some of the principles of law in the
unit, and the application of those principles to the field of engineering. The lectures will cover
some material that is not included in the Study Guide. All the material presented in the lectures is
examinable.
Because of student numbers and time constraints, a free exchange of questions and comments
between students and lecturer during lectures is generally not possible. However, you may
approach your lecturer to discuss or clarify points arising from the lecture immediately after the
lecture (if there is time), or at the lecturer's designated consultation time.
Please note that the information that is provided during lectures will not be provided individually to
students via email. Email is not a substitute for lectures.
You are required to attend one tutorial per week, commencing in the second week of the
semester.
The purpose of a tutorial is to:
 discuss tutorial questions;
 provide a small group forum for learning and applying decision-making, written and oral
communication skills;
 to provide feedback on tutorial questions and other assessments; and
 provide an opportunity for you to raise questions about the topics and course content.

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307664 Engineering Law 202

The first two tutorials have been designed to help you understand the way in which to learn law.
The remaining tutorials will focus on analysis and group discussions of the questions found in the
Study Guide. You are expected to prepare the tutorial questions before you come to the tutorial,
and be prepared to discuss the answers and related issues.
Please note that the information that is provided during tutorials will not be provided individually to
students via email. The email is not a substitute for tutorials.

STUDENT FEEDBACK
For Semester 1 and Semester 2 eVALUate is open for
student feedback:
17 May - 27 June Semester 1
18 October - 28 November in Semester 2

For other study periods see


http://evaluate.curtin.edu.au/info/dates_2009.cfm
We welcome your feedback as one way to keep improving this unit. Later this semester, you will
be encouraged to give unit feedback through eVALUate, Curtin’s online student feedback system
(see http://evaluate.curtin.edu.au).
http://evaluate.curtin.edu.au/info/dates_2009.cfm

LEARNING RESOURCES
Engineering Law 202 is on FLECS-Blackboard. Follow the links. The URL is
http://www.oasis.curtin.edu.au
Materials available on Blackboard
The materials available include:
Lecture slides; Study guide, a copy of this unit outline;
Announcements including continuous assessment marks and other important information;
Other unit materials.

TEXT BOOK
 The text book or Study Guide will be available on the FLECS-Blackboard site. Students need
to download this document as it contains all topics, essential readings and tutorial questions.

Recommended Texts:
You do not have to purchase the following textbooks but you may like to refer to them. You may
wish to refer to these texts in addition to your study guide:

 Architects Engineers and the Law Federation Sydney (2010).


 Latimer P Australian Business Law CCH Ltd Sydney (2009).
 Barron M L Fundamentals of Business Law Edition McGraw-Hill (2006).
 Chisolm R & Nettheim G Understanding Law Edition Butterworths Sydney (2007).
 Gillies P Business Law Federation Press Sydney (2004).
 Vermeesch R B & Lindgren K E Business Law of Australia 8th Edition Butterworths Sydney
(2001).
 Most of these references are available in the Library. (You should always use the latest
edition of any text).

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307664 Engineering Law 202

ASSESSMENT DETAILS

Assessment Summary
The assessment for this unit consists of the following items.

Assessment Tasks Week Due Worth

Tutorial assignment 01 Week 4 15

Tutorial assignment 02 Week 8 35

Final Examination During exam period 50

TOTAL 100%

Assessment Task Details


Tutorial Assignments x 2, Final Examination.
(a) Assignment 01
The first tutorial assignment will be based on Topic 2 of the course. Students will be given the
tutorial assignment question during the tutorial in Week 2 and will be due in the week 4 tutorial.
The tutorial assignments will be assessed using the following criteria
 correct identification of the area of law;
 definition of key concepts;
 coherent and logical explanation and discussion of relevant legal principles;
 appropriate discussion and application of relevant case law (where applicable);
 logical and sensible application of the law to the facts in the question;
 correct use of language; and
 correct referencing.
(b) Assignment 02
Assignment 02 will be available on the FLECS-Blackboard website during the 1st tuition free
week and will represent 35% of the semster mark. Assignment 02 must be handed in at the
th
Engineering Assignments and Enquiries Office 204:Level 2 on or before Tuesday 5 Oct at
12noon.
No extension will be given for the assignment without permission from the unit controller. Late
assignments will not be marked. An alternative assignment will be granted only in highly
exceptional circumstances. Assignment 2 will be returned by tutors during tutorials in week 10.
Please do not submit assignments in plastic sleeves, folders, files or covers.
(c) Final Examination
The final examination is a two-hour paper, worth 50 marks. The examination is based on all the
topics and material covered in the Study Guide, lectures and tutorials unless specified by the
lecturer. The examination paper will consist of short paragraph-type questions and problem-type
questions. The questions will be similar to and based on the tutorial questions in the Study Guide.
You must use the 4-step process for answering all problem-type questions.

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307664 Engineering Law 202

Examples
(a) Paragraph-type questions
Discuss the meaning of common law. (10 marks)
Distinguish between patents and designs. (10 marks)
(e) Problem-type question
Peter and Mary were engaged to be married. Prior to the marriage, Peter agreed to give Mary a
clothing allowance of $1000 per year, to be paid in quarterly installments of $250. Peter paid the
allowance for the first three years of their marriage and then he stopped payment when they
separated. Mary sued Peter for the allowance.
Using the 4-step process, discuss whether Mary is entitled to the allowance. (15 marks)
The final examination is closed book. No books, notes, statutes or other materials are to be taken
into the examination room.

Supplementary and Deferred Assessments


Students granted a Supplementary or Deferred assessment will be notified via OCC.
Supplementary and Deferred assessments will be held on a date to be advised. Please also note
that the failure to attend the examination/assessment on the day and time set will result in a fail
for the unit. Under no circumstances will alternative arrangements be made to suit individuals.

Referencing Style
Curtin Engineering advises students that Curtin University supports the "Chicago Referencing
Style" for written work and oral presentations. For a guide to this style please see
http://library.curtin.edu.au/referencing/index.html
However, students are permitted to use other recognised styles that appear in the Engineering
literature. Note also that individual lecturers can stipulate that a particular style is used when
it best matches the type of work in the assessment of the particular unit.

Awarding of Grades
To pass this unit you must:

 Achieve a grade/mark greater than or equal to 5/50.


 No extension will be given for the assignment. Late assignments will not be marked. An
alternative assignment will be granted only in highly exceptional circumstances.

STUDENTS’ RIGHTS AND RESPONSIBILITIES


It is the responsibility of every student to be aware of all relevant legislation, policies and
procedures relating to their rights and responsibilities as a student. These include:

 the Student Charter,


 the University’s Guiding Ethical Principles,
 the University’s policy and statements on plagiarism and academic integrity,
 copyright principles and responsibilities,
 the University’s policies on appropriate use of software and computer facilities,
 students’ responsibility to check enrolment,
 deadlines, appeals, and grievance resolution,
 student feedback,
 other policies and procedures
 electronic communication with students
See www.students.curtin.edu.au/administration/responsibilities.cfm for comprehensive
information on all of the above.

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307664 Engineering Law 202

ADDITIONAL INFORMATION

Telephone Contacts:
If you have a query relating to administrative matters such as:-

 requests for deferment of study


 difficulties with accessing online study materials
 obtaining assessment results
please contact your Unit Coordinator:

Unit Coordinator: Mr Stephen Monterosso

Email: s.monterosso@curtin.edu.au

Phone: 9266 3879

Building: 407

Room: 329

You may see your lecturer during the consultation times, which will be
provided by your lecturer. Please note that in certain unavoidable and
unforeseen circumstances the lecturer may not be available during the
consultation times. Every effort will be made to notify students in advance
if the lecturer will not be available.
You are welcome to make a personal appointment with your lecturer if
you wish to see your lecturer outside the consultation times.
By phone
You are welcome to contact your lecturer by phone. If you reach an
answering machine please make sure you leave your full name and
contact number.
By email
Contact Hours: You are also welcome to contact your lecturer via email. However, before
sending an email, please make sure that the information you are seeking
has not already been provided in the unit outline, Study Guide, on
FLECS-Blackboard, during tutorials or during lectures. The email may not
be used as a substitute for non-attendance at tutorials and lectures.
When sending an email please observe proper email etiquette.
Appropriate and courteous language must be used at all times. Please do
not use abbreviations or SMS style messaging when writing an email.
Always provide your full name, student number and tutorial group when
you send an email.
Please note that the lecturer will use a student’s Curtin email address if it
is necessary to contact a student. It is the students’ responsibility to
ensure that they regularly check their Curtin email for official
correspondence.

Semester 2, 2010 Page 9 Review Date: 22/02/10


307664 Engineering Law 202

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307664 Engineering Law 202

UNIT STUDY CALENDAR


If you have a printed copy of this document, you may like to tear off this final page and keep the
Study Calendar handy as you work through the unit.

Semester 2 2010

WK Lecture Tutorial Assessment Due

1. Topic 1 Introduction to engineering law No tutorial

2. Topic 2 The Australian legal system One Assignment 1 delivered in tutorial

3. Topic 3 Introduction to contract law Two

4. Topic 4 Contract law (contents) Three Assignment 1 due in tutorial

Tuition Free Week

Topic 5 Contracts and tenders Four Assignment 1 returned to students in


5. tutorials

6. Topic 6 Negligence Five

7. Topic 7 Categories of negligence Six

Tuition Free Week

Topic 8 Intellectural property law copyright Seven Assignment 2 due at assignments office on
8. or before Tuesday 5th Oct 12 noon

9. Topic 9 Intellectual property law patents and designs Eight

Topic 10 Employment, Occupational, Health and Nine Assignment 2 returned to students in


10. Safety law tutorials

11. Revision and exam preparation Ten/Revision

Study Week

Examinations

Examinations

END OF UNIT OUTLINE

Semester 2, 2010 Page 11 Review Date: 22/02/10

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