Business Law

Syllabus

Unit 1: The English Legal System

Section One: The Nature of Law

Introduction

Some social functions of law

Criminal and civil law

Common law and equity

Equitable rights

Equitable remedies

Maxims of equity

Common law damages

Summary of section one

Section Two: Sources of Law

Legislation

Statutory interpretation

Precedent

European Union law

Summary of section two

Section Three: The Courts and Tribunals

Possible classifications

The legal process

Criminal courts

Indictable offences

Summary offences

Offences triable either way

Civil courts

Tribunals

Arbitration

Mediation

Summary of section three

Section Four: Legal Personnel and Legal Aid

Magistrates

Juries

Members of tribunals

The solicitor

The barrister

The judges

Legal aid and other sources of legal assistance

Summary of section four

Unit 2: Legal Relationships

Section One: Liability for Employees and Agents

The employment relationship

Vicarious liability

The contract of employment

Agency

Types of agent and formation

Responsibilities of the parties

Terminating an agency

The commercial agents regulations

Summary of section one

Section Two: Sole Traders and Partnerships

Business organisations introduced

Sole traders

Partnerships

Liability of partners

The partnership agreement

Ending the partnership

Summary of section two

Section Three: Forming a Company

Basic principles

Separate legal personality

Company membership and limited liability

Types of company

Forming a company

The constitution: memorandum and articles

The Memorandum of Association

The Articles of Association

Changing the constitution

Summary of section three

Section Four: Managing the Company

Capital

Shares

Borrowing

Company management

Summary of section four

Unit 2: additional questions

Additional questions: guidance

Unit 3: Business Contracts

Section One: Making a Contract

What is a contract?

Creating the contract

Agreement - offer

Concluding the agreement - acceptance

Intention to create legal relations

Consideration

Summary of section one

Section Two: What Can Go Wrong During the Making of a Contract

What can go wrong in the making of a contract and how it affects the contract

Lack of certainty

Lack of necessary formality

Lack of capacity

Illegal contracts

Misrepresentation

Summary of section two

Section Three: Contractual Terms

The contents of a contract

Terms and pre-contractual statements

Contractual terms - express and implied

Conditions, warranties and innominate terms

Terms which exclude or limit liability

Summary of section three

Section Four: Discharging a Contract

How contracts come to an end

Discharge by performance

Discharge by agreement

Discharge by breach of contract

Frustration of contracts

Remedies

Summary of section four

Unit 3: additional questions

Additional questions: guidance

Reading list for Unit 3

Unit 4: Non-Contractual Obligations of the Seller/Producer

Section One: The Duty of Care in Negligence

Negligence: an introduction

The duty of care

Special circumstance

Negligent statements and professional
negligence

Summary of section one

Section Two: Other Aspects of Negligence and Product Liability

Breach of duty

Factors in setting the standard

Proof of breach

Resulting damage

Defences

Remedies

Product liability

Summary of section two

Section Three: Other Aspects of Tort

Nuisance

The rule in Rylands v Fletcher

Occupier's liability

Summary of section three

Section Four: Liability in Respect of Employees

Vicarious liability

Liability for employees only

Within the course of employment

Health and safety at work

Making the system work

Summary of section four

Unit 4: additional questions

Additional questions: guidance

Unit 5: European Community Law

Section One: The Development of the European Community

Introduction and history

The Treaty of Rome

The four main institutions

The Treaty of Maastricht

Terminology

Summary of section one

Section Two: The Functions of the Institutions

The role of the institutions

Inter-relationship of the institutions

Recent changes

Summary of section two

Section Three: The Sources of European Community Law

Transformation of European Community
law into English law

The enacted sources of European
Community law

The general principles of EC law

Modes of interpretation

Summary of section three

Section Four: The Integration of European Community Law at a National Level

Supremacy of European Community law

Direct effect

Indirect effect of EC law

State liability for non-compliance with EC law

Summary of section four

Section Five: Enforcement of European Community Law at a European Level

Introduction

Control of the institutions

The action for failure to act

The plea of illegality

The action for damages

Control of Member States

The preliminary reference procedure

Comment

Summary of section five

Unit 5: additional questions

Additional questions: guidance

Further reading

For a more detailed syllabus on this course, click here

This is only an approximate figure and is dependant upon how much time you can dedicate to your studies and how well you grasp the learning concepts in the course material. Furthermore, at the end of each lesson there is a question paper that needs to be completed and returned to your tutor. You should allow at least 1 - 2 hours of study to complete each question paper.

The approximate amount of time required to complete the course is: 110 hrs.