Course/Module Summary Information

Short Semester

Course Summary Information

1.Name of CourseAspect of Contract and Negligence for Business

2.Course Code

3. Name(s) of Academic Staff

4.Rationale for the inclusion of the course in the programme

The aim of this module is to provide students with an understanding of aspects of the law of contract and tort and the skill to apply them, particularly in business situations.

5.Semester and Year Offered

Semester 2 of Year 1

6.Total Student Learning Time (SLT)Face to FaceTotal Guided and Independent Learning

L = Lecture

T = TutorialP = PracticalO = Others

LTPO120

3012Nil78

7.Credit Value

3

8.Prerequisite (if any)

None

9.Objective

The objective of the module is to :

1. Understand the essential elements of a valid contract in a business context

2. Be able to apply the elements of a contract in business situations

3. Understand principles of liability in negligence in business activities

4. Be able to apply the principles of liability in negligence in business situations

10.

Course Outcome

Upon successful completion of the module, students is able to acquire the following learning and skill outcomes:

1. Explain the importance of the essential elements required for the formation of a valid contract,

discuss the impact of different types of contract and analyze terms in contracts with reference to their

meaning and effect2. Apply the elements of contract in given business scenarios, apply the law on terms in different

contracts and evaluate the effect of different terms in given contracts3. Contrast liability in tort with contractual liability, explain the nature of liability in negligence and how a

business can be vicariously liable

4. Apply the elements of the tort of negligence and defenses in different business situations, and apply

the elements of vicarious liability in given business situations.

11.Transferable Skills

Transferable skills are skills that are useful in many job situations. The employability skills such as communication, teamwork, problem solving, initiative and enterprise, planning and organising, self-management, learning and technology are integrated in this module.

12.Teaching-Learning Methods

The teaching and learning methods include self/team examination exercises, role play and case studies. The teaching and learning format is designed to emphasize methodology and to give students the opportunity to gain experience through the integration of theory and application. The teaching and learning processes will be facilitated by a series of lectures supported by tutorials, group and home-exercises sessions. Model, sample, pictures, and slide are used as presentation materials. Individual, group assignments and discussion is encouraged among the students. Workshop sessions with group/ individual supervision will be underpinned by individual study and practice for which guidance will be given.

13.Synopsis

The module introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Students are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Students will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the module will enable students to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating to business and how to avoid it.

14.Mode of Delivery

The mode of delivery for this module is on a conventional basis of face to face interaction.

15.Assessment Strategies, Methods, and Types

Formative assessment : 40%

Assignments

Quiz

Summative assessment = 60%

Final exam

Mid Term exam

16.

PA1

To possess a command of engineering knowledge required to undertake supervision of a team and troubleshooting in both operation and maintenance within the industrial.

PA2

To possess a command of engineering hands on skills required to undertake supervision of a team and troubleshooting in both operation and maintenance within the industrial.

Mapping of the Course Outcome to the Programme Aims

Course Outcomes/ Programme Aims

PA1

PA2

Explain the importance of the essential elements required for the formation of a valid contract, discuss the impact of different types of contract and analyze terms in contracts with reference to their meaning and effect

Apply the elements of contract in given business scenarios, apply the law on terms in different contracts and evaluate the effect of different terms in given contracts

Contrast liability in tort with contractual liability, explain the nature of liability in negligence and how a business can be vicariously liable

Apply the elements of the tort of negligence and defenses in different business situations, and apply the elements of vicarious liability in given business situations.

PO

4

Provide a high level of value added in terms of academic achievement and learning

PO5

Prepare students for progression into and within employment based on the program enrolled

PO6

Prepare students for progression to further study as part of a process of lifelong learning & professional development.

18.Content outline of the Course and the SLT per topic:

Course Content/SLT

L

TP

OCHAPTER 1 : ESSENTIAL ELEMENTS OF A VALID CONTRACT IN A BUSINESS CONTEXT

1. Essential elements:

Offer and acceptance;

Intention to create legal relations;

Consideration;

Capacity;

Privity of contract

2. Types of contract:

Face to face;

Written;

Distance selling;

Impact

3. Types of terms:

Condition;

Warranty;

Innominate term;

Express;

Implied;

Exclusion clauses

Their validity

4. Case study

5

2

-

10

CHAPTER 2 : APPLY THE ELEMENTS OF A CONTRACT IN BUSINESS SITUATIONS

1. Elements:

Application of relevant principles and case law to business scenarios

2. Specific terms:

Contents of standard form business contracts;

Analysis of express terms, implied terms and exclusion clauses in a given contract

3. Effect of terms:

Breach of condition, warranty and innominate terms;

Legality of exemption clauses;

Outline of remedies;

Damages

4. Case study

5

2

18

CHAPTER 3 : PRINCIPLES OF LIABILITY IN NEGLIGENCE IN BUSINESS ACTIVITIES

1. Negligence:

Differences to contract;

Duty of care;

Breach of duty;

Damage causation and remoteness of damage;

Personal injuries;

Damage to property;

Economic loss;

Occupier liability

2. Liability:

Employers liability;

Vicarious liability;

Health and safety issues

3. Case study

5

2

-

10

CHAPTER 4 : APPLY PRINCIPLES OF LIABILITY IN NEGLIGENCE IN BUSINESS SITUATIONS

1. Negligence:

Application of the legal principles of negligence and relevant statutory and case law to business scenarios including:

Personal injuries,

Damage to property,

Economic loss,

Occupier liability;

Defences;

Contributory negligence;

Remedies

2. Case study

5

2

-

10

Final ExaminationTotal Hours

30

12

0

78

19.REFERENCES:[Author. Publication Year. Title. Edition. Publisher. State/Country.]

1. Twomey, David P.; Jennings, Marianne M. (2013). Business Law : Principles for Today's Commercial Environment. South-Western College Pub

2. Trask, Andrew; DeGuire, Andrew (2013). Betting the Company : Complex Negotiation Strategies for Law and Business. Oxford University Press

3. Ashcroft, Ashcroft (2013). Law for Business. Cengage Learning4. Bourne; Nicholas (2013). Company Law. Routledge

20.Other Additional Information

Related Magazines, Internet Sites, Newspapers, Video, Movie, CD-Rom, Other Related web-sites.

2014 KOLEJ WIT