Business Law and the Legal Environment
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This paper starts with an introduction to the Treaty of Waitangi and its significance to New Zealand's constitution and way of life. We then discuss what law is, and in particular the doctrine of separation of powers. This will be followed by time spent on discovering the sources of New Zealand law - how it is made, and what that means for us. Next, because all business relationships are founded in contract, we will spend some time perusing the law of contracts, followed by a look at two specialist contractual areas - consumer law and employment law. Both these areas of law will be of interest on a personal level as well as being fundamental legal obligations for businesses. The law of tort is then covered, because contract law may not provide suitable or sufficient remedies for negligence, the main concept in tort law. We must also look at privacy law, because protection of a business's data is a key area of governance and property law because many businesses own the land and buildings they operate from, others lease premises so an understanding of rental law is very important. Last, but definitely not least, is the area of law known as intellectual property. IP can make up 70-90% of the market value of a business, making knowledge of this area vital.
We will be using the text book Business Law in New Zealand: An Introduction by Jeremy Hubbard and Nicolas Smith. Tutorial questions will come from the relevant chapters of the text, so it is essential that students obtain a copy of the book. The textbook also has review questions at the end of every chapter. Students are advised to complete the relevant questions on a regular basis because these questions may be important during the semester for assessments.
Students who successfully complete the course should be able to:
Students who successfully complete this paper will be able to:
1. Critically evaluate how the legal environment impacts on business in New Zealand, including having an understanding of the place of the Treaty of Waitangi in New Zealand.
2. Understand the sources of New Zealand law and their connection to the business environment.
3. Distinguish the different kinds of business entities, and in particular understand the legal foundation for companies, including the role of directors acting on behalf of the company when undertaking business on behalf of the company.
4. Examine the foundation and application of contract, consumer law, tort law and privacy law and their effects on the day to day operations of a business. Identifying and mitigating risks to the business from these areas of law are significant governance obligations and students will be able to recognise when such risks can appear, together with ideas for lessening the impact of those risks.
5. Demonstrate an understanding of the law of property, both real and intellectual, and the effects these areas of law can have on the day to day running of a business.Linked to the following assessments:
The internal assessment/exam ratio (as stated in the University Calendar) is 50:50. There is no final exam. The final exam makes up 50% of the overall mark.
The internal assessment/exam ratio (as stated in the University Calendar) is 50:50 or 0:0, whichever is more favourable for the student. The final exam makes up either 50% or 0% of the overall mark.
Error: Assessment components must add up to 100%
At least one Assessment Component needs to be entered
|Component Description||Due Date||Time||Percentage of overall mark||Submission Method||Compulsory|
|1. Tutorial Homework||
|2. Take Home Assignment||
3 Aug 2018
3 Sep 2018
Required and Recommended Readings*
1. The required text for this paper is Business Law in New Zealand: An Introduction by Jeremy Hubbard and Nicolas Smith (2017). Tutorial questions will be closely related to the chapters of this book, so students must have a copy of the book.
2. Reading lists will also be made available for this paper on a topic basis. The information in the reading lists will assist students in completing tutorial homework, and in their understanding of the content of the paper. Material in the reading lists may also be used for test and examination questions.
Linkages to Other Papers*
Restricted papers: ACCT224, ACCT321, ACCT324, MNMGT301