Gwybodaeth Modiwlau
Module Identifier
LPM1600
Module Title
BUSINESS LAW AND PRACTICE
Academic Year
2010/2011
Co-ordinator
Semester
Semester 1 (Taught over 2 semesters)
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Co-Requisite
Course Delivery
| Delivery Type | Delivery length / details |
|---|---|
| Lecture | Large Group Session |
| Seminars / Tutorials | Small Group Sessions |
Assessment
| Assessment Type | Assessment length / details | Proportion |
|---|---|---|
| Semester Exam | 3 Hours Open Book Examination Timetabled outside normal exam period | 67% |
| Semester Exam | 1 Hours Closed Book Examination Timetabled outside normal exam period | 33% |
Learning Outcomes
On successful completion of this module students should be able to:
1. Be aware of how businesses are structured and the legal consequences and obligations arising be from the establishment of a business media;
2. Identify the client's goals and to advise clients on the means available for achieving those goals and on how to devise a strategy for obtaining an objective;
3. Advise and represent the different parties involved in a business operation or transaction;
4. Identify legal issues arising in a business law context and be able to communicate those issues to a business client;
5. Have obtained the skills necessary to carry out relevant and focused legal research on legal issues arising from business decisions and business transactions;
6. Demonstrate an understanding of the status and purpose of primary source material as appropriate;
7. Appreciate the distinct needs of business clients as a group;
8. Be able to act effectively on client's instructions to carry out business transactions;
9. Have obtained the skills necessary to draft relevant documentation with clarity;
10. Recognise conflicts of interest and act within the rules of professional conduct and be aware of client care issues;
11. Demonstrate an understanding of, and be able to advise on, business finance;
12. Demonstrate an understanding of EC Competition Law and its impact on businesses operating in the United Kingdom;
13. Have an understanding of the role of national agencies advising and assisting businesses in Wales and of the opportunities available for economic development in Wales.
Brief description
1. Starting a Business
Introduction to the different types of business media: sole trader, company, partnership and mere contractual relationship. Focusing on the legal implications of business structures and the issues facing all businesses when setting up such as: accounting; VAT; NI; and insurance. The implications of employing staff will also be dealt with.
2. Running a Business as a Company
Considering the formation and constitution of a company limited by shares, the role and rights of members, the appointment, role, obligations and status of directors. The dealings in and with company shares and debentures and on the documentation required in the formation of a company limited by shares.
3. Running a Business as a Partnership
The nature of partnership and setting up a partnership by agreement together with the content and form of agreement. Consideration will be given to partner's responsibilities and to potential liabilities. Dissolution will also be dealt with.
4. Choosing the Medium
Building on the learning in parts 2 and 3. The focus will be on finance and debt, taxation considerations, profit sharing and organisational control.
5. Insolvency
Corporate and personal insolvency. The focus will be on insolvency procedures and the effect of insolvency on companies and individuals. Company Voluntary Arrangements and Individual Voluntary Arrangements will also be dealt with.
6. Taxation
The taxation of companies, partnerships and sole traders, the obligations to account, and VAT. Consideration will also be given to the taxation of employees and directors.
7. Trading Considerations
The practical aspects of running a business such as: the obligations of the seller and buyer in a contract for the sale of goods; marketing agreements and distribution agreements. EC competition law.
Introduction to the different types of business media: sole trader, company, partnership and mere contractual relationship. Focusing on the legal implications of business structures and the issues facing all businesses when setting up such as: accounting; VAT; NI; and insurance. The implications of employing staff will also be dealt with.
2. Running a Business as a Company
Considering the formation and constitution of a company limited by shares, the role and rights of members, the appointment, role, obligations and status of directors. The dealings in and with company shares and debentures and on the documentation required in the formation of a company limited by shares.
3. Running a Business as a Partnership
The nature of partnership and setting up a partnership by agreement together with the content and form of agreement. Consideration will be given to partner's responsibilities and to potential liabilities. Dissolution will also be dealt with.
4. Choosing the Medium
Building on the learning in parts 2 and 3. The focus will be on finance and debt, taxation considerations, profit sharing and organisational control.
5. Insolvency
Corporate and personal insolvency. The focus will be on insolvency procedures and the effect of insolvency on companies and individuals. Company Voluntary Arrangements and Individual Voluntary Arrangements will also be dealt with.
6. Taxation
The taxation of companies, partnerships and sole traders, the obligations to account, and VAT. Consideration will also be given to the taxation of employees and directors.
7. Trading Considerations
The practical aspects of running a business such as: the obligations of the seller and buyer in a contract for the sale of goods; marketing agreements and distribution agreements. EC competition law.
Aims
1. Starting a Business
Introduction to the different types of business media: sole trader, company, partnership and mere contractual relationship. Focusing on the legal implications of business structures and the issues facing all businesses when setting up such as: accounting; VAT; NI; and insurance. The implications of employing staff will also be dealt with.
2. Running a Business as a Company
Considering the formation and constitution of a company limited by shares, the role and rights of members, the appointment, role, obligations and status of directors. The dealings in and with company shares and debentures and on the documentation required in the formation of a company limited by shares.
3. Running a Business as a Partnership
The nature of partnership and setting up a partnership by agreement together with the content and form of agreement. Consideration will be given to partner's responsibilities and to potential liabilities. Dissolution will also be dealt with.
4. Choosing the Medium
Building on the learning in parts 2 and 3. The focus will be on finance and debt, taxation considerations, profit sharing and organisational control.
5. Insolvency
Corporate and personal insolvency. The focus will be on insolvency procedures and the effect of insolvency on companies and individuals. Company Voluntary Arrangements and Individual Voluntary Arrangements will also be dealt with.
6. Taxation
The taxation of companies, partnerships and sole traders, the obligations to account, and VAT. Consideration will also be given to the taxation of employees and directors.
7. Trading Considerations
The practical aspects of running a business such as: the obligations of the seller and buyer in a contract for the sale of goods; marketing agreements and distribution agreements. EC competition law.
Introduction to the different types of business media: sole trader, company, partnership and mere contractual relationship. Focusing on the legal implications of business structures and the issues facing all businesses when setting up such as: accounting; VAT; NI; and insurance. The implications of employing staff will also be dealt with.
2. Running a Business as a Company
Considering the formation and constitution of a company limited by shares, the role and rights of members, the appointment, role, obligations and status of directors. The dealings in and with company shares and debentures and on the documentation required in the formation of a company limited by shares.
3. Running a Business as a Partnership
The nature of partnership and setting up a partnership by agreement together with the content and form of agreement. Consideration will be given to partner's responsibilities and to potential liabilities. Dissolution will also be dealt with.
4. Choosing the Medium
Building on the learning in parts 2 and 3. The focus will be on finance and debt, taxation considerations, profit sharing and organisational control.
5. Insolvency
Corporate and personal insolvency. The focus will be on insolvency procedures and the effect of insolvency on companies and individuals. Company Voluntary Arrangements and Individual Voluntary Arrangements will also be dealt with.
6. Taxation
The taxation of companies, partnerships and sole traders, the obligations to account, and VAT. Consideration will also be given to the taxation of employees and directors.
7. Trading Considerations
The practical aspects of running a business such as: the obligations of the seller and buyer in a contract for the sale of goods; marketing agreements and distribution agreements. EC competition law.
Content
1. Starting a Business
Introduction to the different types of business media: sole trader, company, partnership and mere contractual relationship. Focusing on the legal implications of business structures and the issues facing all businesses when setting up such as: accounting; VAT; NI; and insurance. The implications of employing staff will also be dealt with.
2. Running a Business as a Company
Considering the formation and constitution of a company limited by shares, the role and rights of members, the appointment, role, obligations and status of directors. The dealings in and with company shares and debentures and on the documentation required in the formation of a company limited by shares.
3. Running a Business as a Partnership
The nature of partnership and setting up a partnership by agreement together with the content and form of agreement. Consideration will be given to partner's responsibilities and to potential liabilities. Dissolution will also be dealt with.
4. Choosing the Medium
Building on the learning in parts 2 and 3. The focus will be on finance and debt, taxation considerations, profit sharing and organisational control.
5. Insolvency
Corporate and personal insolvency. The focus will be on insolvency procedures and the effect of insolvency on companies and individuals. Company Voluntary Arrangements and Individual Voluntary Arrangements will also be dealt with.
6. Taxation
The taxation of companies, partnerships and sole traders, the obligations to account, and VAT. Consideration will also be given to the taxation of employees and directors.
7. Trading Considerations
The practical aspects of running a business such as: the obligations of the seller and buyer in a contract for the sale of goods; marketing agreements and distribution agreements. EC competition law.
Introduction to the different types of business media: sole trader, company, partnership and mere contractual relationship. Focusing on the legal implications of business structures and the issues facing all businesses when setting up such as: accounting; VAT; NI; and insurance. The implications of employing staff will also be dealt with.
2. Running a Business as a Company
Considering the formation and constitution of a company limited by shares, the role and rights of members, the appointment, role, obligations and status of directors. The dealings in and with company shares and debentures and on the documentation required in the formation of a company limited by shares.
3. Running a Business as a Partnership
The nature of partnership and setting up a partnership by agreement together with the content and form of agreement. Consideration will be given to partner's responsibilities and to potential liabilities. Dissolution will also be dealt with.
4. Choosing the Medium
Building on the learning in parts 2 and 3. The focus will be on finance and debt, taxation considerations, profit sharing and organisational control.
5. Insolvency
Corporate and personal insolvency. The focus will be on insolvency procedures and the effect of insolvency on companies and individuals. Company Voluntary Arrangements and Individual Voluntary Arrangements will also be dealt with.
6. Taxation
The taxation of companies, partnerships and sole traders, the obligations to account, and VAT. Consideration will also be given to the taxation of employees and directors.
7. Trading Considerations
The practical aspects of running a business such as: the obligations of the seller and buyer in a contract for the sale of goods; marketing agreements and distribution agreements. EC competition law.
Module Skills
| Skills Type | Skills details |
|---|---|
| Application of Number | Students are expected to be numerate and will have to understand, explain and be assessed on Double entry Trial balances Final accounts Adjustments Company accounts Partnership accounts |
| Communication | Students will act in groups and be expected to communicate to the session as a whole. Oral communication skills will be mainly developed in the SGS and questions, answers and tasks will be encouraged in Lectures (LGS) as all the sessions will be interactive. Written communication skills are developed in drafting exercises. |
| Improving own Learning and Performance | Students will learn in an interactive environment and be expected to develop their understanding and skills in independent learning. The module demands reading, preparation for LGS and SGS, relevant research and reflection on the problems and case studies. |
| Information Technology | Modern legal work relies on electronic sources and drafting. Students will be expected to draft business documents, accounts and contracts using electronic precedents. All materials will be placed on the Blackboard site Most of the legal research will require use of the electronic or online legal documents and cases |
| Personal Development and Career planning | The subject area of Business Law and Practice is required for their future career as are the practice of the pervasive subject skills below which are embedded in the teaching. |
| Problem solving | The subject is based on solving client problems and identifying the correct practical and legal steps. Students will be expected to choose between different approaches, different forms of business arrangements and be faced with having to choose between alternative solutions. |
| Research skills | All sessions require independent legal research; the ability to use Library resources, electronic precedents and locate and act on the correct material will be developed in Small Group Sessions (SGS). |
| Subject Specific Skills | Writing/drafting/ Practical legal research/solicitors and business accounts/Interviewing |
| Team work | All SGS are tutor facilitated with students working in groups of two, three or four. Future solicitors are required to demonstrate team work and this skill is developed by the format of the seminars (SGS). |
Notes
This module is at CQFW Level 7