Now known as Introduction to Business Law.

Main Aim(s) of the Unit:

This unit aims to introduce the student to a study of the law in the business environment.  It introduces sources of law and legal method, business organisations and legal relationships, contracts including the supply of goods and services, agency agreements and civil wrongs in the business environment including negligence and nuisance.

An understanding of the rights and responsibilities of organisations is an essential requirement in the study of business operations at home and those involved in international business transactions and trade.

Main Topics of Study:

Contracts

Formation of Contract:

• What is a Contract?
• The Intention to Create Legal Relations
• Offer
• Termination of an Offer
• Acceptance
• Agreement without Offer & Acceptance
• The Nature of Consideration
• Executory, Executed & Past Consideration
• Sufficiency of Consideration
• Privity of Contract

Terms of Contract:

• The Terms of Contract
• Incomplete Contracts-  Conditions & Warranties
• Oral Evidence Relating to Contracts in Writing
• Representations & Contract Terms
• Implied Terms
• The Required Form of Contracts
• Exclusion Clauses
• The Unfair Contract Terms Act 1977
• The Unfair Terms in Consumer Contracts Regulations 1994

Vitiating Factors:

• Contractual Capacity
• Mistake
• Misrepresentation
• Duress
• Undue Influence
• Void & Illegal Contracts

Discharge of Contract:

• How a Contract Comes to an End
• Performance
• Agreement
• Breach of Contract
• Frustration
• Remedies Available for Breach of Contract
• Damages
• Action for the Price
• Equitable Remedies
• Limitation to Actions for Breach
• Quasi-Contract

Agency:

• The Creation of Agency
• The Duties of an Agent
• The Rights of an Agent
• The Authority of an Agent
• Liability of the Parties
• Agents Acting for Undisclosed Principals
• Termination of Agency
• Special Types of Agent

Sale of Goods

Definition of a Contract for the ‘Sale of Goods’:

• Types of Goods
• The Price
• Terms Implied by the Sale of Goods Act 1979 & Changes made by the Sales & Supply of Goods Act 1994 (S.14)
• Time of Performance
• Seller’s Title
• Description of the Goods
• Sale by Sample
• Satisfactory Quality & Fitness for Purpose
• Passing of Property & Risk
• Nemo Dat Quod Non Habet
• Delivery
• Acceptance & Rejection
• Remedies of the Parties, Romalpa Clauses
• The Supply of Goods & Services Act 1982

Consumer Credit and Protection

Consumer Credit:

• Forms of Consumer Credit
• What is a Regulated Agreement?
• The Classification of Regulated Agreements
• The Protection of Debtors
• Lenders Liability
• Termination of Credit Agreements
• Extortionate Credit Bargains
• Consumer Credit Licensing, Advertising & Canvassing
• Credit Cards

Consumer Protection:

• Consumer Protection
• Trade Descriptions
• Consumer Safety
• Product Liability

Tort and Negligence Tort:

• Tort & Other Wrongs
• Wrong & Damage Distinguished
• Remoteness of Damage
• Vicarious Liability
• Strict Liability
• Defences to an Action in Tort
• Contributory Negligence
• Remedies in Tort
• Conversion
• Nuisance
• Defamation
• Definition
• Libel and slander
• Action and defences

Negligence:

• Negligence
• Duty of Care
• Breach of Duty of Care
• Res Ipsa Loquitur
• Consequential Harm
• Negligent Mis-statement
• Company Law

The Nature of a Company

• The Company as a Legal Entity
• The Veil of Incorporation
• Companies & Partnerships
• A Company’s Liability in Tort & Crime
• Public & Private Companies
• Holding & Subsidiary Companies

Formation of a Company

• Promoters & Pre-Incorporation Contracts
• Registration Procedures
• Commencement of Business
• Company Contracts

Memorandum & Articles

• Purpose & Contents of the Memorandum
• The Company Name
• Registered Office
• Objects
• Articles of Association
• Alteration of the Articles
• The Memorandum & Articles as Contracts

Meetings

• Types of Meeting
• Convening a Meeting
• Proxies
• Types of Resolution
• The Assent Principle

Liquidations & Other Insolvency Procedures

• Methods of Dissolution
• Liquidations
• Compulsory Liquidation
• Voluntary Liquidation
• Liquidation Committee
• Contributories
• Powers of Liquidators
• Duties of Liquidators
• Alternatives to Liquidation
• Administration Orders
• Voluntary Arrangements

Directors

• Appointment
• Shareholdings
• Termination of office
• Disqualification
• Powers and dealings

Partnerships:

• Definition

Learning Outcomes for the Unit

At the end of this Unit, students will be able to:

1. Explain the law making process.
2. Identify the legal issues in a variety of business situations.
3. Analyse and apply the legal rules to resolve factual problem situations.
4. Demonstrate an appreciation of the British and European perspectives.

Learning and teaching methods/strategies used to enable the achievement of learning outcomes:

Learning takes place on a number of levels through lectures, class discussion including problem review and analysis.  Formal lectures provide a foundation of information on which the student builds through directed learning and self managed learning outside of the class.  The students are actively encouraged to form study groups to discuss course material which fosters a greater depth learning experience.

Assessment methods which enable student to demonstrate the learning outcomes for the Unit:

Examination: 3 hours duration 100%

Indicative Reading for this Unit:

Main Text:

Business Law – Keenan & Riches (7th Edition), Longman

Alternative Texts and Further Reading:

Business & Commercial Law – A Kadar, K Hoyle & G Whitehead (Heinemann)
Essentials of lrish Business Law – Sheeren (Gill & MacmiIlan)
Basic English Law – W T Major (Macmillan)
Business Law – K R Abbott & Pendlebury (DP Publications)

Guideline for Teaching and Learning Time (10 hrs per credit)
50 hours Lectures / Seminars / Tutorials / Workshops
Tutorial support includes feedback on assignments and may vary by college according to local needs and wishes.

50 hours Directed learning
Advance reading and preparation / Class preparation / Background reading / Group study / Portfolio / Diary etc

100 hours Self managed learning
Working through the course text and completing assignments as required will take up the bulk of the learning time.  In addition students are expected to engage with the tutor and other students and to undertake further reading using the web and/or libraries.