COMMERCIAL LAW 2

SHE Level 2
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M2M225732
Module Leader Claire McFadzean
School Glasgow School for Business and Society
Subject Law
Trimester
  • B (January start)

Summary of Content

This module builds upon Commercial Law 1, with the study o f corporate crime, including he Bribery Act 2010 and Modern Slavery Act 2015. In addition, this module involves the study of rights in secur ity over moveables, cautionary obligations, and diligence, particularly in the context of both commercial and personal insolvency. Commercial liability for transportation of goods by land, sea and air is studied, as are statutory and contractual rights and duties related to the sale and supply of goods and services, particularly to consumers. Finally , the module involves the study of Negotiable Instruments, the regulation of Financial Services and Insurance. The role of lawyers in society is changing - lawyers are increasingly expected to be pro-active in the prediction and prevention of unethical as well as unlawful behaviour across all areas of society. The delivery of the module will embed PRME principles including: developing graduates who care about social responsibility; developing learning and teaching which enables graduates to become responsible leaders and practitioners; and developing graduates who will advise businesses and other stakeholders to explore mutually beneficial responses to social and legal challenges

Syllabus

Corporate crime Rights in security over moveable property Cautionary obligations Diligence Corporate insolvency Personal insolvency Consumer rights Negotiable instruments Financial Services Regulation Insurance law

Learning Outcomes

On successful completion of this module, the student should be able to:1. use appropriate terminology applying to:•Corporate crime•Rights in security over moveable property•Cautionary obligations•Diligence•Corporate insolvency•Personal insolvency•Consumer rights•Negotiable instruments•Financial Services Regulation•Insurance law2. Identify, analyse and synthesise the legal issues arising in practical commercial-world problems3. Appraise and synthesise legal concepts so as to construct a persuasive argument using recognized legal sources in justifying their application to a given set of facts4. Communicate confidently with legal experts on a range of legal matters regulating business5. Update acquired knowledge in order to keep pace with changes in relevant areas of law6. Identify and retrieve up-to-date legal information using paper and electronic repositories; use primary and secondary legal sources which are relevant to the topic under study and current at the point of assessment; present knowledge and information using sources to support arguments and conclusions; provide recognised methods of citation and reference.7. Identify accurately and formulate clearly the legal issues to be researched; undertake independent research (both paper-based and electronic) in areas of law which have not been previously studied, using paper and electronic repositories to research new topics without reference to a reading list.

Teaching / Learning Strategy

The module will be delivered via a combination of lectures, seminars and directed learning. Students will attend two one-hour long lectures per week and one hour long seminar per week in Trimester B. Lectures will commence during week one of Trimester B and seminars during week 2 of Trimester B. Lectures will concentrate on introducing the students to the legal concepts and regulation. Students will be required to apply this to specific areas of 'black letter' law by directed learning activities. Students will be expected to consider prescribed case studies prior to seminars, so as to be able to discuss issues in groups or within teams. Attendance at seminars is compulsory, and students are required to prepare answers to seminar questions in advance of attendance and to contribute meaningfully to the discussion. Failure to do so will invalidate student's attendance at the seminar and may affect the student's entitlement to sit the first diet of the final exam. In addition to formal delivery, students will be expected to engage in private reading, which may be directed at lectures or seminars. Internationalisation: The delivery of this module will set Scots, UK and EU law as appropriate in an international context where relevant and appropriate. Feedback will be provided to students as follows: Students will normally be provided with feedback within three weeks of submission of all summative assessments providing information on strengths, weaknesses and suggestions for corrective action to be applied in future submissions. The tutor will also provide generic feedback at the seminars where coursework will be handed back. Students may also discuss any points with their lecturer or tutor. The virtual learning environment site will be used to feedback overall performance by students on all summative assessments highlighting overall strengths and weaknesses. 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.

Indicative Reading

Essential Reading: Davidson & MacGregor, Commercial Law in Scotland, 5 th ed. 2018, W Green OR MacNeil et al, Scots Commercial Law, 2014, Avizandum Publishing Other Reading: Anderson, Avizandum Statutes on Scots Commercial and Consumer Law 2018-19, Avizandum Publishing Butterworths, Insolvency Law Handbook, 2017. Kochan and Goodyear, Corruption: The New Corporate Challenge, Palgrave, 2011 (online via GCU Library) Maher, Gerry. The Law and Practice of Diligence, Bloomsbury, 2 nd ed. Scottish Law Commission, Report on Diligence, 2001. (https://www.scotlawcom.gov.uk/files/6412/7989/7339/rep183.pdf ) Scottish Law Commission, Report on Moveable Transactions, Volumes 2 and 3, Security Over Moveable Property and Draft Bill, 2017 (https://www.scotlawcom.gov.uk/files/9215/1361/1360/Report_on_Moveable_Transactions_-_Volume_2_Report_249.pdf ) https://www.scotlawcom.gov.uk/files/4415/1361/1403/Report_on_Moveable_Transactions_-_Volume_3_Report_249.pdf Southwell and Brewer, Human Trafficking and Modern Slavery Law and Practice, Bloomsbury, 2018. Online sources: The Ministry of Justice, The Bribery Act 2010. https://www.justice.gov.uk/downloads/legislation/bribery-act-2010-guidance.pdf https://www.theirm.org/media/2389689/modern-slavery-guide-irm-web.pdf https://www.mygov.scot/consumer-rights/ https://www.gov.uk/government/policies/financial-services-regulation The online edition of The Stair Memorial Encyclopaedia is available through the Lexis Nexis database.

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: b7 Preparing for and participating in seminars b7 Preparing for and delivering critical essay 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: b7 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 seminars/tutorials b7 Preparing for and delivering critical essay 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: 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 seminars/tutorials b7 Preparing for and delivering coursework b7 Reflecting on feedback from seminar contributions, group and individual presentations and coursework performance b7 Preparing for and delivering critical essay 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. These are achieved by: b7 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 critical essay b7 Preparing for and delivering coursework

Module Structure

Activity Total Hours
Seminars (FT) 12.00
Assessment (FT) 50.00
Lectures (FT) 24.00
Independent Learning (FT) 114.00

Assessment Methods

Component Duration Weighting Threshold Description
Course Work 01 n/a 50.00 35% Essay Problem 1500 words
Exam (Exams Office) 2.00 50.00 35% Unseen