Business Law and the Legal Environment
To be advised
To be advised
To be advised
To be advised
To be advised or by appointment
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The course begins with an examination of the need for law as a means for regulating conduct in society. This is followed by a discussion of 'what is law' and the sources of New Zealand law. The two main avenues for the creation and modification of law will be examined namely legislation created by Parliament and judicial precedent or case law, created by judges in New Zealand and influential overseas courts. There will be coverage of various classifications of the law such as procedural and substantive law and the distinctions between public and private law. This last distinction is vital before a discussion of much of private law which forms the core part of the course. The first and important branch of private law in business transactions is contract law, which contains legal rules affecting agreements between individuals. This examination of general contract law, will be followed by the law on special kinds of contracts such as consumer and employment contracts. In addition to contract, the second major branch of private law to be explored will be the law of torts which deals with the civil obligation to refrain from causing harm to one's neighbours. In the business context, the most significant tort, namely negligence, will be examined in the context of the legal duty to exercise care. Students will also be introduced to the law of privacy, as well as the purpose and scope of the Privacy Act 1993 and the relevance of the law of privacy in business. The final private law topics that will be covered will include aspects of property law in the context of personal, real and intellectual property.
Students who successfully complete the course should be able to:
Students who successfully complete this paper will be able to:
1. Identify the sources of New Zealand law and the relevance of distinctions such as those between substantive and procedural law on the one hand and public and private law on the other.
2. Gain an appreciation of the origins of the Treaty of Waitangi and its modern day relevance in the context of business activity in New Zealand.
3. Gain an understanding of particular legal entities such as companies through which business is conducted and the legal obligations imposed on those charged with their governance.
4. Gain an understanding of the relevance of significant branches of private law that have a direct impact on the conduct of business.
5. Exercise appropriate judgment in being able to determine particular legal problems which can be resolved by advice from a prospective business adviser in contrast to more complex ones which require referral to a professional legal adviser.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||
2 Aug 2019
6 Sep 2019
Required and Recommended Readings*
1. The required text for this paper is Commercial Law in New Zealand Business by Philip Alexander-Crawford, Nigel Sutton, David Sutton and Dawn Duncan, 2018,Thomson Reuters New Zealand Limited, Wellington. Tutorial questions will be closely related to the chapters of this book, so students need to have access to this book. An attempt will be made to place copies on high demand at the University Library, if additional copies can be obtained.
2. Reading lists may also be made available for this paper on a topic basis as considered appropriate. The information in the reading lists will assist students in completing tutorial homework, and aid their understanding of the content of the paper. Material in the reading lists may also be used for test and examination questions.
Miller L& Barber M., 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.
Linkages to Other Papers*
Restricted papers: ACCT224, ACCT321, ACCT324, MNMGT301