Module Title |
Principles of Commercial Law in Ireland
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Module Code |
LG102
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School |
School of Law & Government
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Online Module Resources
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Module Co-ordinator | Dr Olivia Smith | Office Number | C221 |
Level |
1
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Credit Rating |
5
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Pre-requisite |
None
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Co-requisite |
None
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Module Aims
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The main aim of the module is to make students aware of the most significant principles and rules of law that have a direct bearing on doing business in Ireland. A major emphasis will be placed on the principles of tort law and contract law and the impact on these of European Community/Union membership.
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Learning Outcomes
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On completion of the course, students must be able to:1. appreciate the key principles of business law as they apply in the business context; and2. make judgements about the application of legal principles to problem situations.
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Indicative Time Allowances
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Hours
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Lectures |
24
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Tutorials |
12
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Laboratories |
0
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Seminars |
0
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Independent Learning Time |
39
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Total |
75
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Placements |
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Assignments |
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NOTE
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Assume that a 5 credit module load represents approximately 75 hours' work, which includes all teaching, in-course assignments, laboratory work or other specialised training and an estimated private learning time associated with the module.
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Indicative Syllabus
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Tort LawNature of tort law: basic common law principles; strict liability and fault-based liability; breach of statutory duty; injunctions and damages. Negligence: duty of care; foreseeability; standard of care; damage. Professional negligence: business adviser, accountant and other professions. Statutory regulation: product liability, occupiers liability; occupational and environmental safety; data protection.General Principles Of Contract Law Contract contrasted with tort. Formation of contract: formalities and nature of consensus required; consideration; estoppel/legitimate expectation; quasi contract. Contract terms: conditions, warranties, express and implied terms, onerous and exclusion clauses. Regulation of consumer contracts: Consumer Information Act 1978; European Communities (Unfair Terms in Consumer Contracts) Regulations 1995; European Communities (Misleading Advertisements) Regulations 1988; non-statutory arrangements: Advertising Standards Authority for Ireland. Invalidity: illegality, mistake, misrepresentation, duress, undue influence, improvident transactions. Discharge of obligations, including frustration. Remedies (including damages) and assignment. Specific Aspects Of Contract Law Agency: obligations between principal, agent and third party; European Communities (Commercial Agents) Regulations 1994 and 1997. Statutory regulation of contracts for goods and services: Sale of Goods Acts 1893 and 1980; passing of property; the nemo dat rule and exceptions; performance; seller''s and buyer''s rights; reservation of title. Banking: the legal effect of negotiable instruments and cheques. International sales: documentary credits; international financing. Insurance: indemnity principle; requirement of good faith; statutory regulation of insurance market.
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Assessment | Continuous Assessment | 0% | Examination Weight | 100% |
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Indicative Reading List
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Byrne, R., Cases and Comment on Irish Commercial Law, 2nd ed., Round Hall Press, 1988.McMahon, B., and Binchy, W., Irish Law of Torts, 2nd ed., Butterworths, 1990.Clark, R., Contract Law in Ireland, 4th ed., Round Hall Sweet & Maxwell, 1998.Forde, M., Commercial Law in Ireland, 2nd ed Butterworths, 1998.
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Programme or List of Programmes
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AF | BA in Accounting & Finance |
BS | Bachelor of Business Studies |
BSSA | Study Abroad (DCU Business School) |
BSSAO | Study Abroad (DCU Business School) |
EBF | BA in European Business (French) |
EBG | BA in European Business (German) |
EBS | BA in European Business (Spanish) |
EBT | BA in European Business (Trans.Studies) |
ECSA | Study Abroad (Engineering & Computing) |
ECSAO | Study Abroad (Engineering & Computing) |
HMSA | Study Abroad (Humanities & Soc Science) |
HMSAO | Study Abroad (Humanities & Soc Science) |
PFCLG | Pilot Foundation Course (Law & Gov) |
SHSA | Study Abroad (Science & Health) |
SHSAO | Study Abroad (Science & Health) |
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