BUU44660 Company and Business Law

(5 ECTS) 

Lecturer:

Dr. Val Corbett 

Email: val.corbett@lawschool.ie  

Available to Exchange students 

Module Description

This module aims to provide a grounding in the core basic legal principles affecting the operation of business organisations. The module starts with a brief review of the operation of the Irish legal system including the court structure and the sources of law. The next stage leads into the area of contract law which is the system of law that underpins business transactions generally. The module then moves on to the specific aspects of the law of torts which might affect business transactions such as negligence and passing off. The module then deals with some core aspects of employment law such as the employment status, the employment contract, and termination of employment. Thereafter, the module deals with the law on a range of legal areas relating to business which are of specific concern to the work of finance professionals. Specifically, the law on partnerships and companies. In this regard, the module covers the formation and constitution of companies, the financing of companies and types of capital, the management, administration, and regulation of companies. Finally, the module deals with the legal aspects of corporate insolvency.

Learning and Teaching Approach

Classes will be discursive and based on lecture notes and materials provided to students in advance through the College’s online learning system. Through a discussion of these materials students will learn the key principles. Problem-based learning techniques will be used to reinforce this learning. In this regard, students will be required to apply their knowledge and understanding of the legal principles to solve hypothetical legal scenarios presented to them in class. The essence of law is the application of legal principles and rules to factual scenarios to determine a remedy. To that end, practice problem questions are assigned to topics on the syllabus.

Learning Outcomes

Having successfully completed this module, the student will be able to: 

• Identify the key elements of the Irish legal system.
• Discuss the elements required for the formation of a legally binding contract.
• Examine the contents of a contract and examine the principles of consumer protection.
• Examine the methods by which a contract may be terminated and the remedies available upon termination.
• Analyse the elements of the tort of negligence and passing off.
• Examine the law relating to employment relationships.
• Anaylse how companies are formed, managed, administered and regulated.
• Apply legal rules and principles to hypothetical problem scenarios.

Relation to Degree

This module enables students to understand the legal issues implicit in the business world. It does not set out to create professional lawyers. The intention is to provide students with the knowledge and skills in the understanding of the general legal framework, and of specific legal areas relating to business, recognising the need to seek further specialist legal advice where necessary.

Workload

Textbook and Readings

Required Core Course Textbook

Áine Keenan, Essentials of Irish Business Law (7^th ed) (Boru Press, 2021)

General Supplemental Readings

• Mary Faulkner & Dáithí Mac Cárthaigh, Essentials of Irish Law (Clarus Press, 2022)
• Ewan McIntyre, Business Law (9^th ed) (Pearson Education, 2018)
• Gráinne Callanan, An Introduction to Irish Company Law (5^th ed) (Clarus Press, 2021)
• Anthony Thuillier & Cathy McDaid, Business Law in Ireland (Clarus Press, 2015)
• Alison Kenneally & John Tully, The Irish Legal System (Clarus Press, 2013)
• Anthony Thuillier, Company Law in Ireland (2^nd ed) (Clarus Press, 2015)
• Máiréad Enright, Principles of Irish Contract Law (Clarus Press, 2006)
• Brenda Daly & Michael Doherty, Principles of Irish Employment Law (Clarus Press, 2010)
• Fergus Ryan, Contract Law (Thomson Round Hall, 2006)
• Val Corbett, Tort (3^rd ed) (Round Hall, 2019)
• Bryan McMahon & William Binchy, Law of Torts (4^th ed) (Bloomsbury Professional, 2013)
• Paul Anthony McDermott & James McDermott, Contract Law (2^nd ed) (Bloomsbury Professional, 2017).

Assessment

Coursework – 30% - this will take the form of a hypothetical problem which will be a ‘take home’ assessment requiring students to apply the legal principles learned in class. 

Final Examination – 70% - this will take place in the form of a closed book written examination.

Biographical Note

Val Corbett BCL, LLM (NUI), Pg Cert (Learning & Teaching) (DIT), Accredited Mediator (CEDR), PhD (Dub).

Val is Head of Programmes at LawSchool.ie where he is involved in the delivery of training programmes preparing students to undertake professional examinations in law. Val also teaches Corporate and Business Law to ACCA students at AccountancySchool.ie. Val’s research interests include the law of torts, contract law, and employment law. He has published a number of articles in these areas and has also co-authored a textbook entitled Employment Law in Ireland (2^nd ed) (Clarus Press, 2022) and a textbook entitled Tort (4^th ed) (Round Hall, 2019).