BUU44660 Company and Business Law
5 ECT credits - (Semester Two Module)
Dr. Val Corbett
This module aims to provide a grounding in the core basic legal principles affecting the operation of business organisations. The module starts with an introduction to the overall Irish legal system including the court structure and the sources of law. The next stage leads into the area of contract law which is the system of law that underpins business transactions generally. The module then moves on to the specific aspects of the law of torts which might affect business transactions such as negligence and passing off. The module then deals with some core aspects of employment law such as the employment status, the employment contract, and termination of employment. Thereafter, the module deals with the law on a range of legal areas relating to business which are of specific concern to the work of finance professionals. These are the law on partnerships and companies. In this regard, the module covers the formation and constitution of companies, the financing of companies and types of capital, the management, administration, and regulation of companies. Finally, the module deals with the legal aspects of corporate insolvency.
Learning and Teaching Approach
Classes will be discursive and based on lecture notes and materials provided to students in advance through the College’s online learning system. Through a discussion of these materials students will learn the key principles. Problem-based learning techniques will be used to reinforce this learning. In this regard, students will be required to apply their knowledge and understanding of the legal principles to solve hypothetical legal scenarios presented to them in class. The essence of law is the application of legal principles and rules to factual scenarios to determine a remedy. To that end, practice problem questions are assigned to topics on the syllabus.
Having successfully completed this module, the student will be able to:
1. Identify the essential elements of the legal system including the main sources of law
2. Discuss the elements required for the formation of a legally binding contract
3. Examine the contents of a contract and examine the principles of consumer protection
4. Examine the methods by which a contract may be terminated and the remedies available upon termination
5. Analyse the elements of the tort of negligence and passing off
6. Examine the law relating to employment relationships
7. Distinguish between alternative forms and constitutions of business organisations
8. Describe how companies are managed, administered and regulated
9. Discuss the legal implications surrounding the financing of companies
10. Recognise the legal implications relating to insolvency law
11. Apply legal rules and principles to hypothetical problem scenarios
12. Evaluate the legal principles pertaining to company and business law
Textbook and Readings
Required core course textbook:
Anthony Thuillier & Cathy McDaid, Business Law in Ireland (Clarus Press, 2015)
General Supplemental Readings
- Ewan McIntyre, Business Law (9th ed) (Pearson Education, 2018)
- Alison Kenneally & John Tully, The Irish Legal System (Clarus Press, 2013)
- Anthony Thuillier, Company Law in Ireland (2nd ed) (Clarus Press, 2015)
- Gráinne Callanan, An Introduction to Irish Company Law (4th ed) (Gill Education, 2015)
- Máiréad Enright, Principles of Irish Contract Law (Clarus Press, 2006)
- Brenda Daly & Michael Doherty, Principles of Irish Employment Law (Clarus Press, 2010)
- Fergus Ryan, Contract Law (Thomson Round Hall, 2006)
- Val Corbett, Tort (3rd ed) (Round Hall, 2019)
- Bryan McMahon & William Binchy, Law of Torts (4th ed) (Bloomsbury Professional, 2013)
- Paul Anthony McDermott & James McDermott, Contract Law (2nd ed) (Bloomsbury Professional, 2017).
Coursework – 30% - this will take the form of a hypothetical problem which will be a ‘take home’ assessment requiring students to apply the legal principles learned in class.
Final Examination – 70% - this will take place in the form of a closed book written examination.