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School of Management, Unit Catalogue 2006/07 |
MN50273 Commercial law |
Credits: 6 |
Level: Masters |
Modular: no specific semester |
Semester: 2 |
Assessment: CW 100% |
Requisites: |
Aims: The course is designed to equip participants with an understanding of the implications of law for businesses. It is focussed on common commercial practice and the law in the context of the wider business world.
Learning Outcomes: Students will understand the legal framework within which businesses operate and the legal liabilities that can arise. By the end of this unit, the student should be able to: * Understand the implications of contractual formation, validity and enforceability * Understand the effect of contractual negotiations, breach and waiver. * Understand the types of business entity and their liability. * Understand key common usages in commercial contracts, including international trade terms and their legal effect. * Understand the key implications of employment law. * Understand non-contractual liability of businesses. Skills: Participants will be able to analyse and understand the content of commercial contracts and their ramifications, comprehend the liabilities of businesses with the potential risks which can arise, and develop the skills with which to avoid most problems, or, where necessary, know how to deal with problems once they have arisen. Intellectual skills - T * the facility to apply legal principles into a range of common business situations; * a critical awareness of current issues and frameworks in law; * the ability to analyse legal material and situations; to evaluate relevance and validity, and to synthesise it in the context of topical business problems; * an understanding of methodological techniques that allow detailed analysis of the legal implications of business issues and ability to use these skills in management. Professional Practical skills - F * evaluate the implications of contractual terms and other issues of civil liability * understand and implement effectively the relevant procedures in respect of legal liability which should be adopted for good business practice; * be aware of the risk areas and the steps which can be taken to avoid risk or limit liability. Transferable/Key skills - A * ability to appreciate and include the legal implications in the decision-making and management process both within and in the external relations of a business. Personal/Interpersonal - A * the facility to communicate legal requirements, including devising and explaining good practice in the legal context. Content: The course outlines the legal framework: the courts, terminology, sources and types of law. Contract law is examined from the basic principles through to detailed commercial contracts and their implications, including the network of supporting contracts which is usually involved, and their special characteristics, such as: payments (covering bills of exchange, documentary credits, etc); carriage or goods; insurance; and intellectual property. The nature of different types of business entity: companies and partnerships, and the individuals who are involved with such businesses, are examined, and the liabilities that arise. Some ancillary areas are also considered, such as competition law, arbitration, and legal responsibilities outside of contract, such as negligence and product liability. |
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