Reserch Essay Topics:
1. Property rights are fundamental to the common law system. Are the traditional
distinctions the common law has drawn between different types of property still
relevant or appropriate today?
2. What rationale might there have been to limit the Sale of Goods legislation to
‘goods’ in the sense of choses in possession? Should it extend to services? Should it
extend to choses in action?
3. Is it meaningful to have distinctions like ‘express actual authority’, ‘implied actual
authority’, ‘ostensible authority’ in agency law? To what extent does ‘consent’ really
operate as an underpinning principle for agency law? Is there a better (more
accurate) underpinning principle?
4. What are the differences between the consumer guarantees under the Australian
Consumer Law and the implied terms in the Sale of Goods legislation? Is there a
sound basis for those differences?
5. How does the Personal Property Securities Act 2009 (Cth) distinguish between assets
subject to a circulating security interest and a non-circulating security interest?
Further, how is the position different at common law? What is the policy rationale
for granting employees of insolvent entities who have unpaid employee
entitlements priority over assets subject to a circulating security interest but not
those subject to a non-circulating security interest?
Assessment Criteria:
a) Understanding of the Issues
· addresses the topic and covers all the important points
· evidence of close consideration of the issues raised by the topic and the research materials drawn on
· material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively
b) Communication & Development of Argument
· clear theme or argument
· arguments logical and well-organised
· ideas/paragraphs linked coherently
c) Argument/Analysis
· originality of ideas and critical analysis of the material
· complexity and insight in dealing with theory/ideas
· suggestions for change where appropriate
· interdisciplinary perspective where appropriate
· addressing opposing arguments
· well-reasoned conclusions
d) Research
· research covering primary and secondary materials
· good organisation of sources and ability to synthesise all the research materials used
· use of theoretical material where appropriate
· range of research sources
· integration of material from research resources into the essay
e) Presentation, style. and referencing
· good use of structure, section headings and paragraphs
· clarity and conciseness of expression, interesting and engaging of reader
· use of appropriate terminology and correct grammar, syntax and spelling
· full and accurate footnotes together with a bibliography
· style. according to the AGLC4
· Adherence to word limit 3500 words excluding footnotes