20 credits at level HE4
This module is designed as an introduction for accountants to the law as it relates to business operations and activities. The module will help learners to understand the legal framework within which business operates and the legal implications of business activities. The module aims to develop the learner's ability to identify, analyse and apply relevant legal rules to realistic business situations. The emphasis will be placed on developing a range of skills and knowledge necessary to deal with a broad range of business issues and problems. The development of learning skills will be encouraged as part of personal development planning.
The aims of the module are:
To develop a sound understanding of the nature of law and an appreciation of the role of law within a business environment
To understand the operation of the legal dimension in business decision-making (activities), be able to recognise the existance of legal issues in these dealngs and be aware of the ways in which the legal system approaches business problems
To enable the student to understand and apply principles of contract and tort law to realistic business situations
To develop basic legal skills by the emphasis that will be placed on the methodology of legal reasoning and analysis, the operation of the legal system and upon core principles and concepts in Business Law
To develop study and learning skills and explore strategies for effective learning in higher education (as part of personal development planning).
The English Legal System:
Division of Law: Common Law and equity, civil and criminal.Sources of Law. Judicial precedent and hierarchy of the courts. Statute law, EC law. The courts and other forms of dispute resolution.
The Law of Contract:
Formation of a contract: agreement, consideration. Intention to create legal relations, certainty.
Contents of a contract; express and implied terms, conditions and warranties, innominate terms.
Discharge of contracts: performance, agreement, frustration and breach.
The Law of Tort:
strict liability, vicarious liability. Defences and remedies. Negligence including professional negligence.
The Lawe of Agency
Types of agency. Formation of agency. Rights and duties of principal, agent and third parties. Termination of agency.
Personal Development Planning
study/learning skills - time management, reading strategies, note taking, referencing, problem solving, learning styles and strategies
Normally topics will be introduced by a formal lecture. Students will be expected to prepare in advance of each session by undertaking directed reading on the scheduled topic. The module is concerned with developing the students' ability to use and apply legal techniques; and to gain knowledge and skills appropriate to the underpinning foundations of business law. Students will be encouraged to achieve an understanding of Business Law. The use of practical exercises in order to familiarise students with legal source material relevant to Business Law is an important element of the learning strategy. Consequently, seminars will provide a forum for discussion, an environment for practising legal skills and an opportunity to gain feedback. The learner will also practise learning to learn strategies.
The module is assessed by way of two assignments and one examination. The first assignment will be an essay on an aspect of the English legal system. The learner will be erquired to identify, retrieve and make use of a variety of legal sources. The learner will be expected to achieve acceptable standards of English and presentation in the essay, using an appropriate word processing package and to reference the essay using the Harvard system. The second assignment is an end of module review in which, as part of personal development planning, the learner reflects on the learning strategies used in the module and sets out a personal learning plan for the future. The examination is a 2 hour seen case study examination. Learners will be required to answer two questions
when you have successfully completed this module you will:
to demonstrate that you have achieved the learning outcome you will:
|1.||1a.Explain the operation of the English Legal System and methods of dispute resolution as they apply to business.
1b. Demonstrate Knowledge of the main concepts, principles and rules of business law
Identify, retrieve and utilise legal source material using electronic sources where appropriate.
Read and summarise legal material.
Explain in essay format an aspect of the English Legal System.
Identify and explain rules of statute law, case law and EC provision.
|2.||. Apply knowledge of basic legal principles to help solve straightforward business law problems||
Identify relevant issues
Identify, retrieve and utilise legal information.
Apply relevant legal principles to straightforward scenarios and support conclusions by the citation of authority and by analysis and analogy.
|3.||Undertake basic research in the area of business law.||
Identify and retrieve relevant sources of information with assistance providing evidence through e.g. referencing and a bibliography.
Read and summarise legal material
|4.||Evaluate his or her own learning and employ flexible learning strategies (part of personal dvelopment planning)||
Use a range of strategies to assist learning
Critically review his or her own work
Seek and respond to feedback.
Your achievement of the learning outcomes for this module will be tested as follows:
|Description||1,500 word essay||Seen case study (2 hours duration)||500 word essay - personal action plan|
There are no prerequisites for this module.
No restrictions apply.
Cooke, J. Law of Tort, 4th Ed, Financial Times
Cracknell, D (Ed), Obligations: Contract Law: textbook, 3rd ecition, Old Bailey Press Textbooks, 2001
Elliott, C and Quinn, F., English Legal system, Longman, 1996
Furmston, M.P., Cheshire Fifoot & Furmston's Law of Contract, 13th edition, Butterworths, 1996
Harpwood, V. , Tort Law, 3rd edition, Cavendish, 1997
Harris, P., Introduction to Law, 5th ed, Buterworths, 1997
Keenan, D., Smith and Keenan's Engliskh Law, 12th ed., Financial Times 1998
Keenan, D., and Riches, S., Business Law, 5th edition, Pitman Publishing, 1998
Kelly, D. and Holmes, A., Principles of Business Law, 2nd ed. Cavendish, 1997
Owens, K. , Law for Business Students, Cavendish, 1997
Richards, P., Law of Contract, 4th ed Financial Times 1999
Slapper, G., and Kelly, D. , The English Legal System, 4th ed, Cavendish, 1999
Smith, J.C., The law of Contract, 3rd edition, Sweet and Maxwell, 1998
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