Business Law Diploma

Regardless of what the nature of your involvement in business is - and whether you are working in the private or public sector - as a business man or woman you will face an array of legal controls and obligations of an unprecedented scope and complexity.

Our Business Law course is designed to introduce students who are preparing for a career in business to some of the legal rules and issues which you will encounter once you enter the world of commerce.

You will not become an expert in any area of the law as a result of studying the course, however at the end of your study of this course it is hoped that you will not only have increased your knowledge about the law as it applies to the business world; but that you would have developed some competence at identifying legal issues, applying legal rules to factual situations and having a European perspective.

Unit 1: The English Legal System

Section One: The Nature of Law

• Introduction
• Some social functions of law
• Criminal and civil law
• Common law and equity
• Equitable rights
• Equitable remedies
• Maxims of equity
• Common law damages
• Summary of section one

Section Two: Sources of Law

• Legislation
• Statutory interpretation
• Precedent
• European Union law
• Summary of section two

Section Three: The Courts and Tribunals

• Possible classifications
• The legal process
• Criminal courts
• Indictable offences
• Summary offences
• Offences triable either way
• Civil courts
• Tribunals
• Arbitration
• Mediation
• Summary of section three

Section Four: Legal Personnel and Legal Aid

• Magistrates
• Juries
• Members of tribunals
• The solicitor
• The barrister
• The judges
• Legal aid and other sources of legal assistance
• Summary of section four

Unit 2: Legal Relationships

Section One: Liability for Employees and Agents

• The employment relationship
• Vicarious liability
• The contract of employment
• Agency
• Types of agent and formation
• Responsibilities of the parties
• Terminating an agency
• The commercial agents regulations
• Summary of section one

Section Two: Sole Traders and Partnerships

• Business organisations introduced
• Sole traders
• Partnerships
• Liability of partners
• The partnership agreement
• Ending the partnership
• Summary of section two

Section Three: Forming a Company

• Basic principles
• Separate legal personality
• Company membership and limited liability
• Types of company
• Forming a company
• The constitution: memorandum and articles
• The Memorandum of Association
• The Articles of Association
• Changing the constitution
• Summary of section three

Section Four: Managing the Company

• Capital
• Shares
• Borrowing
• Company management
• Summary of section four

Unit 2: additional questions

• Additional questions: guidance

Unit 3: Business Contracts

Section One: Making a Contract

• What is a contract?
• Creating the contract
• Agreement - offer
• Concluding the agreement - acceptance
• Intention to create legal relations
• Consideration
• Summary of section one

Section Two: What Can Go Wrong During the Making of a Contract

• What can go wrong in the making of a contract and how it affects the contract
• Lack of certainty
• Lack of necessary formality
• Lack of capacity
• Illegal contracts
• Misrepresentation
• Summary of section two

Section Three: Contractual Terms

• The contents of a contract
• Terms and pre-contractual statements
• Contractual terms - express and implied
• Conditions, warranties and innominate terms
• Terms which exclude or limit liability
• Summary of section three

Section Four: Discharging a Contract

• How contracts come to an end
• Discharge by performance
• Discharge by agreement
• Discharge by breach of contract
• Frustration of contracts
• Remedies
• Summary of section four

Unit 3: additional questions

• Additional questions: guidance
• Reading list for Unit 3

Unit 4: Non-Contractual Obligations of the Seller/Producer

Section One: The Duty of Care in Negligence

• Negligence: an introduction
• The duty of care
• Special circumstance
• Negligent statements and professional
• negligence
• Summary of section one

Section Two: Other Aspects of Negligence and Product Liability

• Breach of duty
• Factors in setting the standard
• Proof of breach
• Resulting damage
• Defences
• Remedies
• Product liability
• Summary of section two

Section Three: Other Aspects of Tort

• Nuisance
• The rule in Rylands v Fletcher
• Occupier's liability
• Summary of section three

Section Four: Liability in Respect of Employees

• Vicarious liability
• Liability for employees only
• Within the course of employment
• Health and safety at work
• Making the system work
• Summary of section four

Unit 4: additional questions

• Additional questions: guidance

Unit 5: European Community Law

Section One: The Development of the European Community

• Introduction and history
• The Treaty of Rome
• The four main institutions
• The Treaty of Maastricht
• Terminology
• Summary of section one

Section Two: The Functions of the Institutions

• The role of the institutions
• Inter-relationship of the institutions
• Recent changes
• Summary of section two

Section Three: The Sources of European Community Law

• Transformation of European Community
• law into English law
• The enacted sources of European
• Community law
• The general principles of EC law
• Modes of interpretation
• Summary of section three

Section Four: The Integration of European Community Law at a National Level

• Supremacy of European Community law
• Direct effect
• Indirect effect of EC law
• State liability for non-compliance with EC law
• Summary of section four

Section Five: Enforcement of European Community Law at a European Level

• Introduction
• Control of the institutions
• The action for failure to act
• The plea of illegality
• The action for damages
• Control of Member States
• The preliminary reference procedure
• Comment
• Summary of section five

Unit 5: additional questions

• Additional questions: guidance
• Further reading