COMMERCIAL LAW 1 (DIRECT ENTRY)

SHE Level 3
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M3M225737
Module Leader James Connolly
School Glasgow School for Business and Society
Subject Law
Trimester
  • A (September start)

Pre-Requisite Knowledge

Obligations Introduction to Legal Systems and Study

Summary of Content

This module introduces the student to the concept of the lawyer as the entrepreneur. The legal profession is a business, and as society develops new opportunities for lawyers arise. This module will equip the future lawyer to identify and make the most of novel opportunities as they develop. This module also introduces the student to elements of commercial and intellectual property law in Scotland, and covers the law of copyright, trade marks, patents, registered and unregistered design rights. The module also deals with the law of agency, the law of business organisations and the formation, funding, management and administration of companies. 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

1. Entrepreneurship for lawyers 2. Introduction to IP law -the law of copyright, trade marks, patents and the unregistered and registered design right. 3. The law of agency 4 The law of partnership 5. The Law of business organisations 6. Formation, funding, management and administration of companies.

Learning Outcomes

On successful completion of this module, the student should be able to:1. use appropriate terminology applying to IP law, agency, partnership and company law.2. identify and synthesise the legal issues arising in practical problems.3. apply legal methodology to explaining IP law, law of agency, partnership and company law.4. 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.5. communicate confidently with legal experts on a range of legal matters regulating business.6. update their acquired knowledge in order to keep pace with changes in relevant areas of law.7.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. 8. 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.9. PRME Learning Outcome: demonstrate an ability to explore ethical and socially responsible responses to issues arising within the context of commercial law.

Teaching / Learning Strategy

The module will be delivered via a combination of lectures, seminars and directed learning. Students will attend two hour long lectures per week and one hour long seminar per week over a twelve week period. Lectures will commence during week one of trimester A and 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. Seminars will commence in week 2 of trimester A and continue weekly through trimester A. 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. Students will be divided into groups for the purposes of group project. The Group Project: students will be required to form groups of approx 4 so as to set up and run a company, carrying out a range of specified tasks by considering a range of issues. Relevant forms, documents and minutes will be prepared or completed by the groups in carrying out the specified tasks and these, in the form of a portfolio accompanied by a log book, will be delivered to and assessed by the module team at the end of the module. Details of tasks will be issued on a regular basis and legal advice (paid for by a deduction of marks from the assessment of the group's portfolio etc) will be available to groups in legal difficulty. Student groups may also lead seminars, each group delivering a presentation related to a specified task. Internationalisation: The delivery of this module will set Scots, UK and EU law as appropriate in an international context. Feedback will be provided to students as follows: 1. We aim to provide students 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. 2. The virtual learning environment site may be used to feedback overall performance by students on all summative assessments highlighting overall strengths and weaknesses. 3. Discussion boards may 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. We aim to provide feedback on coursework within 3 working weeks of submission.

Indicative Reading

Essential Reading: Davidson & MacGregor, Commercial Law in Scotland, 5th ed, 2018, W Green AND Grier, Company Law, 3rd ed, 2009, W. Green OR Bisacre et al, Smith & Keenan's Company Law Scottish Edition, 14th ed, 2009, Pearson OR Hudson, Frisby & Girvin, Charlesworth's Company Law, 18th ed, 2010, Sweet & Maxwell AND Ervine, Core Statutes on Company Law, 2017-18, Palgrave MacMillan OR French, Blackstone's Company Law Statutes, 2018-19, OUP AND Guthrie, Scottish Property Law. 2nd Ed. Tottel, 2005 Other Reading: Anderson, Avizandum Statutes on Scots Commercial and Consumer Law 2017-18, Avizandum Publishing Bennett, An Introduction to the Law of Partnership in Scotland, 1995, W Green Bisacre & McFadzean, Company Law Essentials, 2011, DUP Bourne, Bourne on Company Law (5th Revised edition), 2010, Taylor & Francis Boyle & Bird, Boyle and Birds' Company Law, 7th ed, 2009, Jordan Brough, Private Limited Companies: Formation & Management, 3rd ed, 2005, W Green Busby et al, Scots Law, A Student Guide, 4th ed, 2011, Bloomsbury Christie & Gare, Blackstone's Statutes on Intellectual Property, 10th ed, OUP, 2010 Cusine & Forte, Scottish Cases & Materials in Commercial Law, 2nd ed, Tottel, 2005 Dignam & Lowry, Company Law, 10th ed, 2018, OUP Ervine, Consumer Law in Scotland, 3rd ed, 2004, W Green Gloag & Henderson, The Law of Scotland, 14th ed, 2017, W Green Gower and Davies, The Principles of Modern Company Law, 8th ed, 2008, Sweet & Maxwell Gray, Corporate Manslaughter and Corporate Homicide Act, 2008, W Green Grier, Bankruptcy and Diligence (Scotland) Act 2007, 2008, W Green Grier, Commercial Law Basics, 4th ed, 2010, W Green Hicks & Goo, Cases & Materials on Company Law, 7th ed, 2011, OUP McQueen, Waelde & Lawrie, Contemporary Intellectual Property Law and Policy, 2nd ed, OUP, 2010 Marshall, Scots Mercantile Law, 3rd ed, 1997, W Green Mayson, French & Ryan, Mayson, French & Ryan on Company Law, 35th ed, 2018, OUP ODonnell, Agency Law Basics, 1998, W Green Reid, The Law of Property in Scotland. Lexis Nexis, 1996 Robson & McCowan, Property Law, 2nd ed, 1998, W. Green Sealy & Worthington, Cases and Materials in Company Law, 11th ed, 2016 OUP Smerdon & Morse, Palmer's Company Law Manual, 2000, Sweet & Maxwell Green's Bankruptcy and Mercantile Statutes, 2009, W Green 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> BIS: <http://www.bis.gov.uk> Legislation: <http://www.legislation.gov.uk/> Companies House: <http://www.companieshouse.gov.uk/> EU Enterprise Website: < http://europa.eu/pol/enter/index_en.ht> < http://europa.eu.int/eur-lex>

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 group and individual presentations b7 Preparing for and delivering critical essay b7 Preparing for and delivering coursework 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 group meetings and other group activities b7 Preparing for and participating in seminars b7 Preparing for and delivering group and individual presentations 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 group meetings and other group activities b7 Preparing for and participating in seminars b7 Preparing for and delivering coursework b7 Reflecting on feedback from seminar contributions, group and individual presentations and coursework b7 Preparing for and delivering group presentations 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. 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: 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 b7 Preparing for and delivering group presentations b7 Preparing for and delivering critical essay b7 Preparing for and delivering coursework

Module Structure

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

Assessment Methods

Component Duration Weighting Threshold Description
Course Work 02 n/a 60.00 35% Project
Course Work 01 n/a 40.00 35% Essay 2000 words