BUSACT 701 : Commercial and Corporate Law

Business and Economics

2020 Quarter Four (1208) (15 POINTS)

Course Prescription

Examines the impact of the law on decision making and management of an organisation. Develops the ability to identify legal requirements, issues and mechanisms critical to managing the risk/reward profile of the firm and achieving its strategic objectives.

Course Overview

Decision makers in commerce and industry require an understanding of legal structures, concepts and obligations. This course provides an introduction to the New Zealand legal system and the legal environment in which businesses operate, and creates the foundation for the subsequent course BUSACT 703 Taxation for Business. The course begins by examining New Zealand's constitution, institutions, how laws are made and applied including the role of the Treaty of Waitangi. It goes on to explore how legal risks and liabilities arise in business and how commitments are secured through contracts. Finally, the course introduces common forms of business structures and gives especial attention to companies including the responsibilities and the rights of stakeholders involved in their operation. 

Course Requirements

Prerequisite: BUSMGT 731–733, 735

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 6: Social and Environmental Responsibilities

Learning Outcomes

By the end of this course, students will be able to:
  1. Evaluate the key features of the New Zealand legal system, the limits of governmental power, how laws are made and applied and the relationship of business ethics to law (Capability 1 and 6)
  2. Locate and interpret both legislation and judge-made law as sources of law as well as understand the court system and alternative ways to resolve disputes (Capability 1 and 3)
  3. Compare and contrast legal obligations and property rights and how they apply in business contexts. (Capability 2)
  4. Apply the tort of negligence and other legal obligations to construct and orally present well-reasoned arguments. (Capability 2 and 4.1)
  5. Explain the key features of contract law, advise clients when applying a typical commercial contract including the consequences of breaching contractual obligations. (Capability 3 and 4.2)
  6. Examine the consequences of using a range of business structures, the concept of separate legal entity with particular reference to corporate insolvency and address diverse stakeholder perspectives having regard to their rights and duties (Capability 1 and 4.3)

Assessments

Assessment Type Percentage Classification
Quizzes 10% Individual Coursework
Assignment 30% Individual Coursework
Mid-term test 20% Individual Test
Group Presentation 1 5% Group Coursework
Group Presentation 2 5% Group Coursework
Final Test 30% Individual Test
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Quizzes
Assignment
Mid-term test
Group Presentation 1
Group Presentation 2
Final Test

The quizzes will provide feedback as to how you are progressing in understanding the content. Tutorials will throughout the course provide you with formative feedback in preparing for the assessments including tests and group presentations.

Workload Expectations

This course is a standard 15 point course and students are expected to spend 10 hours per week involved in each 15 point course that they are enrolled in.

For this course, you can expect one and a half hours of lectures per week, a two hour tutorial, two hours team based learning (TBL) and up to ten hours of reading and thinking about the content and working on assignments and/or test preparation.

Learning Resources

There is no set text for this course although several recommended texts are available in the library. Online resources will be available under Reading Lists for each module on the Canvas course page. You will also be taught how to access legislation online and will be expected to access these when necessary. 

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Feedback included dissatisfaction with tutorial structure and organisation. These will be significantly re-designed in future and better linked to the group assignments as well as other assessments  Solutions will also be provided immediately following the tutorials in future.

Feedback that solutions to questions were not “straightforward” is likely a result of commercial law methodology not always leading to black and while answers with reasoning techniques being more important. There is usually more than one right answer. This will be better explained at the outset.

Marking rubrics for group assessments will also be reviewed to make them more understandable. 

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 19/12/2019 12:29 p.m.