LAW IN BUSINESS

SHE Level 1
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M1M222497
Module Leader Naveed Kayani
School Glasgow School for Business and Society
Subject Law
Trimesters
  • A (September start)-B (January start)
  • B (January start)-A (September start)

Summary of Content

This module introduces the student to the role of law in business in the context of the legal life cycle of a business from establishment to dissolution. Students will consider the choice of business medium; the establishment/ incorporation of the business organisation and the ongoing regulation of the company and LLP forms in terms of formation, capital structure, management, administration, flotation and reconstruction; sources of finance and property rights; the use of agents; the legal regulation of the provision of goods and services; and the legal regulation generally of business relations with suppliers, customers and employees including consideration of the potential for both contractual and delictual liability. The delivery of the module will embed PRME principles including -360b7 developing an inclusive and sustainable global economy b7 inculcating global social responsibility, sustainability and responsible leadership

Syllabus

The syllabus will be covered in a chronological manner in the context of a typical legal lifecycle of a business. Indicatively, the order will follow: choice of business medium, incorporation, raising of capital, premises, business property, IP rights, employing staff - hire and fire, discrimination claims, contract (at various stages e.g. lease or buy premises, contract with suppliers, customers, employees), legal regulation of the provision of goods and services - consumer law, sale of goods, misdescription, delictual issues -including those that may arise in relation to product liability, injured employee, company law issues continuing through lifetime of business. Informing these themes will be the requirements of relevant professional accreditation bodies although delivery will avoid a traditional silo approach and will be innovative and with a distinctive pedagogic methodology. Although delivery will avoid treating this list as dictating the order of teaching, the syllabus itself includes: Introduction to the Scottish Legal System The law of obligations The law of contract The law of agency The law of delict Forms of business organisation Company formation: Capital of a company: Administration of a company: Administration Corporate Insolvency and Winding Up The Contract for the Sale of Goods: Product Liability: The Employment Contract: Regulation of Discrimination in Employment: Regulation of Dismissal in Employment: Regulation of information processing Regulation of bribery Protection of Intellectual Property Rights

Learning Outcomes

On successful completion of this module, the student should be able to:" Demonstrate a comprehension of the principles of the substantive areas of law, as set out in the syllabus, which combine to regulate the activities of a business from its formation to its dissolution;" Analyse a given set of facts so as to identify the relevant legal issues arising therefrom, explain the relevant law and apply it so as to take appropriate action in relation to the operation of a business;" Identify, analyse and synthesise the legal issues arising in practical problems" Appraise and synthesise legal concepts so as to construct a persuasive argument using recognised legal sources in justifying their application to a given set of facts" Communicate confidently with legal experts on a range of legal matters regulating business" Demonstrate an understanding of solutions to legal challenges arising from globalisation of business enterprise, including issues related to choice of law and conflict of laws." Demonstrate an understanding and application of relevant principles of responsible management education in in all learning outcomes" Demonstrate an ability to interact with managers of business corporations so as to extend collective knowledge of the challenges in meeting social and environmental responsibilities and to explore jointly effective approaches to meeting these challenges

Teaching / Learning Strategy

The delivery of this module will reflect the legal life cycle of a business from its formation to its dissolution and this will be reflect ed in the timing of the delivery of the content of the module in terms of lectures and seminars, will emphasise the value added to a business provided by an understanding of law and legal compliance. The teaching strategy employed will make use of lectures, online directed learning packages, podcasts and discussion boards. There will be two lectures and one seminar/practical workshop per week. The seminar programme will alternate between classroom discussion of substantive legal issues arising from scenarios issued in advance, and project seminars which will be led by student groups working on tasks which will form part of their assessed group portfolio. The project seminars will require debate on the embedding of PRME principles in the legal aspects of running a business. The module will require students, in groups, to undertake a range of assessed tasks which involve mimicking significant legal events in the lifecycle of a business and which will contribute to their assessed group portfolio. There will also be individual assessment activity through the completion of online MCQ tests and the assessed individual reflective contribution to discussion boards on the material covered in the formal (non-group project) seminars. The module will embed conceptual and empirical research that advances the students' understanding about the role, dynamics, and impact of corporations in the creation of sustainable social, environmental and economic value The module will explore the legal challenges arising from globalisation of business enterprise, including issues related to choice of law and conflict of laws, and will explore solutions to those issues. Feedback will be provided to students as follows: -360 1. Students will be provided with feedback within three weeks of submission of all summative assessments providing information on strengths, weaknesses and suggestions for corrective action. The tutor will also provide feedback at the seminars where coursework will be handed back. Students may also discuss any points with their lecturer or tutor. -360 2. The virtual learning environment site will be used to feedback overall performance by students on all summative assessments highlighting overall strengths and weaknesses. -360 3. Formative feedback will be provided via online testing. On-line assessments will be used for a range of topics allowing self-regulation for students regarding their performance. Immediate feedback is provided to the students of not only their mark but reasons for any errors made. Such formative assessment will give opportunities for students to receive individual feedback designed to encourage positive motivational belief and self-esteem. Formative feedback will also be provided informally through seminar discussions on pre-prepared work. -360 4. Discussion boards will be used to encourage teacher and peer-to-peer dialogue on certain topic areas where this form of communication would be regarded as effective. Student feedback on teaching, learning and assessment will be sought at the end of the semester through a module evaluation questionnaire. GSBS will continue to use the advancement of GCU Learn as a blended learning tool through its teaching and learning as well as through engagement with students. GSBS will ensure that all modules are GCU Learn enabled and with the support of the Learning Technologists at the cutting edge of development of online materials. Academic staff and the Learning Technologists will continue to work together to develop and operate all modules on GCULearn to ensure student support and information sharing. Students are provided with formative and summative feedback via a variety of mechanisms. Feedback on coursework is provided within 3 working weeks of submission.

Indicative Reading

-567 Books and articles: Black, Business Law in Scotland, 3rd ed 2015 Online sources: Company Law Club <http://www.companylawclub.co.uk> Scottish Courts: <http://www.scotcourts.gov.uk> Company Law in Scotland portal <http://www.scottishlaw.org.uk/lawscotland/claw.html> UK Government Home Page: http://www.direct.gov.uk/en/index.htm <http://www.ukonline.gov.uk> Dept of BIS: <http://www.bis.gov.uk/> Legislation: <http://www.legislation.gov.uk/> Companies House: <http://www.companieshouse.gov.uk/> Employing People: https://www.gov.uk/browse/employing-people Acas: http://www.acas.org.uk EU Enterprise Website: http://europa.eu/pol/enter/index_en.htm <http://europa.eu.int/eur-lex> -567 (on-line access to official documents and related EU legislation)

Transferrable Skills

By the end of this module students will have gained competence in the following key areas: Analysis, Synthesis, Critical Judgement and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: -360b7 Preparing for and participating in seminars/tutorials b7 Preparing for and delivering group and individual presentations b7 Preparing for and delivering group portfolio b7 Preparing for and delivering reflective seminar reports Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies; to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: -360b7 Preparing for lectures b7 Consolidating material delivered at lectures b7 Supplementing delivered material with additional reading b7 Reflecting on lecture, handout and self-searched material b7 Preparing for and participating in group meetings and other group activities b7 Preparing for and participating in seminars/tutorials b7 Preparing for and delivering group and individual presentations b7 Preparing for and delivering group portfolio b7 Preparing for and delivering reflective seminar reports Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the following activities: -360b7 Consolidating material delivered at lectures b7 Supplementing delivered material with additional reading b7 Reflecting on lecture, handout and self-searched material b7 Preparing for and participating in group meetings and other group activities b7 Preparing for and participating in seminars/tutorials b7 Reflecting on feedback from seminar contributions, group and individual presentations, and online tests b7 Preparing for and delivering group presentations b7 Preparing for and delivering group portfolio b7 Preparing for and delivering reflective seminar reports Numeracy, Information, Technology and Teamwork Where relevant and as the basis for an argument, the ability to present and evaluate information provided in numerical or statistical form. The ability to produce and present in an appropriate form a word-processed essay or other appropriate format. The ability to conduct efficient searches of websites to locate relevant information; and exchange documents by E-mail. The ability to work productively and cooperatively in different kinds of groups; to establish working relations with others, defining, sharing and delegating responsibilities within the group. Such skills are developed within this module through the following activities: -360b7 Consolidating material delivered at lectures b7 Supplementing delivered material with additional reading b7 Preparing for and participating in group meetings and other group activities b7 Accurately applying numerical and percentage based rules with regards to various company law activities within groups b7 Preparing for and participating in seminars/tutorials b7 Preparing for and delivering group presentations b7 Preparing for and delivering group portfolio b7 Preparing for and delivering reflective seminar reports

Module Structure

Activity Total Hours
Practicals (FT) 11.00
Seminars (FT) 11.00
Independent Learning (FT) 84.00
Lectures (FT) 44.00
Assessment (FT) 50.00

Assessment Methods

Component Duration Weighting Threshold Description
Course Work 03 n/a 20.00 35% Reflective Seminar summaries (individual - online)
Course Work 01 n/a 60.00 35% Group portfolio
Course Work 02 n/a 20.00 35% Individual online MCQ tests