ACCTN576-21A (HAM)

Commercial and Corporate Law

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law

Staff

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Convenor(s)

Lecturer(s)

Administrator(s)

Placement/WIL Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

You can contact staff by:

  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
    • For extensions starting with 4: dial +64 7 838 extension.
    • For extensions starting with 5: dial +64 7 858 extension.
    • For extensions starting with 9: dial +64 7 837 extension.
    • For extensions starting with 3: dial +64 7 2620 + the last 3 digits of the extension e.g. 3123 = +64 7 262 0123.
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Paper Description

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Business operators need to be able to properly recognise and manage legal risks. Therefore this paper focuses on the law which is relevant to the formation and activities of business entities, particularly the legal requirements affecting companies in New Zealand. This course encourages the application of legal principles to problem situations, as well as critical thinking about the broader issues which arise in relation to business entities. The following learning outcomes are based on those specified by Chartered Accountants Australia & New Zealand [CA ANZ] to be most useful to a practising accountant are as follows;

  1. Students will be able to identify and explain the current law, including statutes, regulations and common law of commercial entities and trading structures, especially with regard to concepts of legal entities such as corporations
  2. Students will be able to identify and explain the current law relating to commercial transactions and the nature of the entities that are the contracting parties
  3. Duties and responsibilities of directors/trustees will be identified in relation to corporations and trusts and students will be able to apply these to practical examples
  4. Areas of law impacting on the operations of a business entity will be considered from a practical perspective so that students will be able to identify and apply these various issues in a practical manner.
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Paper Structure

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  • 1 x 2 hour lecture per week on Tuesdays from 11am -1 pm
  • 1 x 1-hour lecture per week on Wednesdays at 4 - 5 pm
  • 1 x 1-hour tutorial per week on Thursdays at 4-5pm - this will also be the zoom

Tuesday and Wednesday Classes will generally comprise lectures, discussion, analysis of selected distributed documents, an illustration of business usage, and identification of current issues.

The focus will be on identification of legal issues, consideration of respective parties viewpoints, evaluation of relevant facts, identification and consideration of applicable law, both statute law and case law, and determination of probable outcomes and identification of applicable principle of law to inform future actions and usage.

Tutorials start in Week 2 (week commencing Monday 9 March 2021).

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Learning Outcomes

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Students who successfully complete the paper should be able to:

  • Understand the basics of New Zealand's legal environment
    Linked to the following assessments:
  • Understand the key entities used in business and the legal implications
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  • Understand the significance of director's duties in the corporate context
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  • Understand the basic principles of trust law
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  • Identify the key regulators of the business environment in New Zealand
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  • Identify and apply the legal requirements for a valid contract.
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  • identify the kinds of factors that could legally nullify an otherwise validly entered contract.
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  • Understand the relevance and practical application of principles in the Fair Trading Act 1986, as they apply in the commercial environment.
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  • identify and apply principles that underpin the commercial sale of goods pursuant to the Contract and Commercial Law Act 2017 .
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  • identify and apply the principles that provide protection to the 'consumer', pursuant to the Consumer Guarantees Act 1993.
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  • Identify and apply the principles that provide protection to the 'consumer', pursuant to the Personal Property Securities Act 1999.
    Linked to the following assessments:
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Assessment

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Assessment for the paper is achieved through a mixture of three separate internally assessed components:
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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Test One
14 Apr 2021
4:00 PM
30
  • Online: Submit through Moodle
2. Research Project
30 Apr 2021
5:00 PM
30
  • Online: Submit through Moodle
3. Test Two
26 May 2021
4:00 PM
30
  • Online: Submit through Moodle
4. Tutorials
10
  • Online: Submit through Moodle
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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The required readings are found on the Waikato Reading Lists - please follow the link

https://rl.talis.com/3/waikato/lists/39CF6413-BE61-6D23-D6FF-057557F786A9.html?login=1

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Recommended Readings

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Miller & Barber Understanding Commercial Law, 9th Edition, 2019, LexisNexis New Zealand Limited, Wellington. OR

Miller L, Understanding Commercial Law, 8th Edition, 2014, LexisNexis New Zealand Limited, Wellington.

Hubbard J, Thomas C and Varnham S, Principles of Law for New Zealand Business Students, 5th edition, 2013, Pearson Australia.

Barrett J and Ronan Feehily Understanding Company Law, 4th Edition, 2019, LexisNexis NZ Limited.

Murray. (2017) Consumer Law Made Easy LexisNexis NZ Limited.

Access to New Zealand Legislation online: refer http://www.legislation.govt.nz.

Other resources including directed readings relating to Case Summaries and principles will be made available through Moodle - these will be notified.

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Online Support

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If you require online support for this paper please email helpdesk at: itshelp@waikato.ac.nz
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Workload

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1. 1 x 2-hour lecture per week on Tuesdays from 9.00 AM -11:00 AM
2. 1 x 1-hour lecture per week on Wednesday at 4.00 PM - 5.00 PM
3. 1 x 1-hour tutorial per week on Thursdays at 3 pm or 4 pm(Tutorials start in week 3)
(Tutorial One starts on Thursday 14 March 2019)

Commercial and Corporate Law: 15.0 points

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Linkages to Other Papers

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Students who have enrolled in the University of Waikato papers ACCT224 or ACCT324 may not enrol in this paper.
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Prerequisite(s)

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: ACCT576

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