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Sunway University Business School
1
Course : BSc (Hons) in Business ManagementBSc (Hons) in Business Studies
BSc (Hons) in Accounting and Finance
Subject Code & Title : LAW1014 BUSINESS LAW
Semester : August 2015 Intake
Contact Hours : 2 hours of lectures;1 hour of tutorials; and1 hour of workshop.
Module Facilitators : Mr. Sri Bala Murugan Gogula Nathan
Ms. Cirami Mastura Drahaman([email protected])
Ms. Khalilah Kamaruddin([email protected])
Consultation Hours : Please see your Weekly Planner.
SUBJECT OVERVIEW
LAW 1014: BUSINESS LAW
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
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Contents
1. Subject Description ................................................................................................ 2
2. Programme Educational Objectives ....................................................................... 3
3. Programme Learning Outcomes for respective Programmes (P.L.Os) .................. 4
4. P.E.O and P.L.O Table Matching as per Programmes ........................................... 6
5. Subject Learning Outcomes (S.L.Os) ..................................................................... 7
6. P.L.Os and S.L.Os Table Matching as per Programme ......................................... 7
7. Delivery Methods.................................................................................................... 8
8. Assessment ............................................................................................................ 8
9. Subject Outline ..................................................................................................... 10
10. Reading List ....................................................................................................... 12
1. Subject Description
Why study law in a business or accounting course? This is perhaps thequestion that may crop up in your mind. The simple answer is that business is relianton law. Without law, running a business become somewhat illegal. Between thecreation of business and its income and operation are regulated by law in some way.
So what does this mean for you as students either enrolled in an accounting,
marketing or management course at Sunway Business School? It means that afteryou graduate and through your working career or entrepreneurial adventure, you willinteract with law at some level. Given this is a reality, it then becomes necessary toset up and design a module within business courses that gives you some flavour ofwhat is law, basic law that you will most likely interact with and skills to engage withthe law. These skills you will carry with you which you will use in the future. Withsuch skills understanding any form of law within your field of expertise then becomeseasy providing you with an advantage. And hence this appears the primary functionof LAW1014 Business Law.
LAW1014 Business Law is a combination of law areas (further hand-picked
for lectures, workshops, tutorials and assessments) you will most likely come incontact with once you graduate. In fact, you are probably engaging with some of theareas already but you may not be sure how it works or how it affects you or both. Awell-known legal maxim comes to mind – “ignorance of the law is no defence”. Yousee not knowing the law is not an excuse for not complying with it. Hence it is safe tosay, it is better to know the law and how it works than not know it at all.
LAW1014 Business Law also has another role in your study at SunwayUniversity Business School. It serves to stretch your mind. You see, understandingthe law is not enough. We also guide and teach you how to apply it. Application ofthe law then requires skills of interpretation. This therefore is reinforced by skills inreading and understanding case law and statutory provisions as well as problem
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solving. It also involves going through vast amounts of information in a given time toaccomplish tasks provided under the module. Henceforth through practice andattempts you will gain important set of skills. To name a few, time management,teamwork, speed reading, formulating logical arguments, interpreting facts to presentevidence etc.
With that, let’s get started by familiarising ourselves with the subject by firstreading the objectives of the course in line with the programme you have chosen toundertake.
2. Programme Educational Objectives
The relevant Programme Educational Objectives (P.E.Os) are based on theDegree Programme you are enrolled in. Please refer below for the relevant
Programme Educational Objectives (P.E.Os) based on the individual programmes:
BSc (Hons) in Acc ount ing and Finance :
1. Produce employable business graduates or professionals with a soundknowledge and understanding of accounting and finance.
2. Produce business graduates who are ethical and responsible leaders ormanagers.
3. Produce business graduates with the skills and competencies in critical
thinking and problem solving.
4. Produce business graduates with managerial and entrepreneurial skills.
5. Produce graduates who recognise the need to engage in life-long learning forpersonal and professional growth and development.
BSc (Hons) in Bus iness Management :
1. Produce employable graduates with a sound knowledge and understanding of
business management.
2. Produce business graduates who are ethical and responsible leaders ormanagers.
3. Produce business graduates with the skills and competencies in criticalthinking and problem solving.
4. Produce business graduates with managerial and entrepreneurial skills.
5. Produce graduates who recognise the need to engage in life-long learning forpersonal and professional growth and development.
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BSc (Hons) in Bus iness Studies :
1. Produce employable graduates with a sound knowledge and understanding ofgeneral business studies.
2. Produce business graduates who are ethical and responsible leaders ormanagers.
3. Produce business graduates with the skills and competencies in criticalthinking and problem solving.
4. Produce business graduates with managerial and entrepreneurial skills.
5. Produce graduates who recognise the need to engage in life-long learning for
personal and professional growth and development.
3. Programme Learning Outcomes for respective Programmes (P.L.Os)
The relevant Programme Learning Outcomes (P.L.Os) are based on theDegree Programme you are enrolled in. Please refer below for the relevantProgramme Learning Outcome based on the individual programmes:
BSc (Hons) in Acc ount ing and Finance :
(1) Able to apply fundamental business knowledge with a focus on accountingand finance.
(2) Able to apply relevant tools and techniques used by industry to interpret dataand undertake business analysis.
(3) Able to take into consideration social, cultural and environmental factors inmaking business decisions.
(4) Able to embed empathy, responsibility, integrity and professionalism inmaking business decisions.
(5) Able to function effectively as an individual and within a group as well asdemonstrate the responsibility and qualities of an effective leader.
(6) Able to communicate and interact effectively with all levels of an organisationand the wider community.
(7) Able to systematically identify problems and provide efficient and effectivesolutions.
(8) Able to manage information and engage in life-long learning.
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(9) Able to apply managerial and entrepreneurial skills.
BSc (Hons) in Bus iness Management :
(1) Able to apply fundamental knowledge in business management.
(2) Able to apply relevant tools and techniques used by industry to interpret dataand undertake business analysis.
(3) Able to take into consideration social, cultural and environmental factors inmaking business decisions.
(4) Able to embed empathy, responsibility, integrity and professionalism inmaking business decisions.
(5) Able to function effectively as an individual and within a group as well asdemonstrate the responsibility and qualities of an effective leader.
(6) Able to communicate and interact effectively with all levels of an organisationand the wider community.
(7) Able to systematically identify problems and provide efficient and effectivesolutions.
(8) Able to manage information and engage in life-long learning.
(9) Able to apply managerial and entrepreneurial skills.
BSc (Hons) in Bus iness Studies :
(1) Able to apply fundamental knowledge in business studies.
(2) Able to apply relevant tools and techniques used by industry to interpret dataand undertake business analysis.
(3) Able to take into consideration social, cultural and environmental factors in
making business decisions.
(4) Able to embed empathy, responsibility, integrity and professionalism inmaking business decisions.
(5) Able to function effectively as an individual and within a group as well asdemonstrate the responsibility and qualities of an effective leader.
(6) Able to communicate and interact effectively with all levels of an organisationand the wider community.
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(7) Able to systematically identify problems and provide efficient and effectivesolutions.
(8) Able to manage information and engage in life-long learning.
(9) Able to apply managerial and entrepreneurial skills.
4. P.E.O and P.L.O Table Matching as per Programmes
BSc (Hons) in Acc ount ing and Finance :
BSc (Hons) in Bus iness Management :
BSc (Hons) in Bus iness Studies :
ProgrammeLearning
Outcomes(P.L.Os)
Programme Educational Outcomes (P.E.Os)
PLO1 PLO2 PLO3 PLO4 PLO5
P.L.O1
P.L.O2
P.L.O3
P.L.O4
P.L.O5
P.L.O6
P.L.O7
P.L.O8
P.L.O9
ProgrammeLearning Outcomes
(P.L.Os)
Programme Educational Outcomes (P.E.Os)
PLO1 PLO2 PLO3 PLO4 PLO5
P.L.O1
P.L.O2
P.L.O3
P.L.O4
P.L.O5
P.L.O6
P.L.O7
P.L.O8
P.L.O9
ProgrammeLearning
Outcomes(P.L.Os)
Programme Educational Outcomes (P.E.Os)
PLO1 PLO2 PLO3 PLO4 PLO5
P.L.O1
P.L.O2
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5. Subject Learning Outcomes (S.L.Os)
This section represents the Subject Learning Outcomes (S.L.Os) for Business Law.Upon completion of this subject, students should have:
(1) Develop ability to identify, interpret and explain legal theories;
(2) Solve legal problems by applying legal theories to legal problems posed;
(3) Analyze information from statutory provision, case reports, journals and otherrelevant legal materials; and
(4) Write and discuss effectively applying legal rules and theories to theoretical andpractical legal problems.
6. P.L.Os and S.L.Os Table Matching as per Programme
BSc (Hons) in Accou nt ing and Finance:
BSc (Hons) in Bus iness Management:
P.L.O3
P.L.O4
P.L.O5
P.L.O6
P.L.O7
P.L.O8
P.L.O9
SubjectLearningOutcomes(S.L.Os)
Programme Learning Outcomes (P.L.Os)
PLO1 PLO2 PLO3 PLO4 PLO5 PLO6 PLO7 PLO8 PLO9
S.L.O1
S.L.O2
S.L.O3
S.L.O4
SubjectLearning
Outcomes(S.L.Os)
Programme Learning Outcomes (P.L.Os)
PLO1 PLO2 PLO3 PLO4 PLO5 PLO6 PLO7 PLO8 PLO
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BSc (Hons) in Business Studies:
7. Delivery Methods
(1) Lectures: The substantive aspects of legal concepts and theories presented using hand-outs and/or other visual aids. The subject matter will be delivered over a 14
week period.
(2) Tutorials/Workshops: These provide an opportunity to review the subject matter and to develop therequisite skills to apply the subject matter in practical problem solvingexercises.
8. Assessment
Students are assessed in three parts; the final examination which is held at the end
of the semester, coursework which consists of a written assignment, and continuousassessment for participation in tutorials throughout the semester.
Examination 50%Test 20% Assignment 30%Total 100%
Examination (50%)
S.L.O1
S.L.O2
S.L.O3
S.L.O4
SubjectLearningOutcomes(S.L.Os)
Programme Learning Outcomes (P.L.Os)
PLO1 PLO2 PLO3 PLO4 PLO5 PLO6 PLO7 PLO8 PLO9
S.L.O1
S.L.O2 S.L.O3
S.L.O4
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The examination shall be a two (2) hours ten (10) minutes paper that will contain two (2)questions. Each question has two (2) parts Part (a) and Part (b). You are required to chooseone (1) question and answer both parts.
Each question is a mixture of areas that you will cover during the course. These questions
will assess your understanding of the subject matter and their ability to interpret and applythe concepts acquired to a given set of simulated problems. It will also assess your ability torecall decided cases and legal principles and where appropriate, demonstrate a criticalthinking in applying the law to the legal issues posed in the questions. Refer to AssessmentCriteria for the criteria and award of marks. This assessment contributes 50% to your totalassessment of 100%.
Candidates are permitted to bring into the examination a Marked copy of the followingtext:
Adnan Trakic, Nagiah Ramasamy, Cheah You Sum, Paul Linus Andrews, Sri Bala Murugan,P. Vijayganesh and Kanchana Chandran. (2014). Law for Business Sweet & Maxwell
(Thompson Reuters). Malaysia
However do take note that ‘Marked’ mentioned above only refers to highlights. No othermarking will be allowed. Therefore you are not allowed to make notations the text with pencilor pen or marker. You may however write your name on the texts.
No other textbook will be allowed for use in the examination as well.
Assignment (30%)
Students are given a written assignment worth 30%. The assignment is related to any ofthe topics covered in the subject and is subject to a word limit. (The students’ ability toresearch, collect data and decipher primary and secondary materials, and to analyse andcritically evaluate issues in business law, and to communicate arguments in writing will beassessed). Refer to Assessment Criteria for details on criteria and award of marks. Thisassessment contributes 30% to your total assessment of 100%.
Test (20%)
Towards the end of the semester, you will need to sit for Multiple Choice Questions (MCQ).This test seeks to assess basic understanding of your knowledge with respect to areascovered in the module. This assessment will contribute 20% to your total assessment of
100%.
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9. Subject Outline
Topics Topic Coverage
Introduction toLAW1014Business Law
Subject Learning Outcome
What is Law? Why learn law?
The MalaysianLegal System
Brief history
Sources of law
Application of Common Law
Constitutional structure
Legislation and interpretation
Human Rights under the Federal Constitution
Introduction to
the law ofcontract
Definition
Understanding the Contract Act 1950
Intention to create legal relations
Social or domestic arrangements
Commercial arrangements
‘Subject to contract’ clause
Formation ofContract
Offer defined
Distinguishing offer
Communication of offer
Termination of offer
Acceptance Definition
Communication of acceptance
Postal rule
Consideration
Definition
Rules governing consideration
Past consideration
Part payment
Capacity tocontract
Minors Persons of unsound mind
Terms of a contract
Meaning
Types of terms
Conditions and warranties
Implied terms
ExemptionClauses
Definition
Incorporation
Construction
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Fraud,misrepresentationand mistake
Types of misrepresentation at common law
Misrepresentation and the Contracts Act 1950
Misrepresentation and the Competition Act 1950
Remedies for misrepresentation
Mistake
Discharge ofContract andRemedies forbreach
Damages
Specific performance
Injunction
Tort and tortiousliability
Negligence
Duty of care
Breach of Duty
Remoteness of damages
Tort and tortiousliability
Contributory Negligence
Volenti
Res ipsa
Defamation
Tort and Tortiousliability
Professional Negligence
The Bolam and Bolitho Tests
Agency and
Partnership
Creation and types of agency
Principal and agent Effect on contracts
Termination
Definition of partnership
Formation
Internal regulation
Holding out
Dissolution
Employment Law Contracts for service/of service
The employer and employee Employment contracts
Termination
Redundancy
Dismissal
Remedies for unjustified dismissal
International Labour Organization
Revision Recap on Topics covered during the semester
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10. Reading List
Primary reference:
1. Adnan Trakic, Nagiah Ramasamy, Cheah You Sum, Paul Linus Andrews, SriBala Murugan, P. Vijayganesh and Kanchana Chandran. (2014). Law forBusiness Sweet & Maxwell (Thompson Reuters). Malaysia.
Secondary References:
1. Holland, J.A. and Webb, J.S., (2006). Learning Legal Rules. 5th ed. London:OUP.
2. Slapper and Kelly, (2009) The English legal system. 10th ed. London: Cavendish.
3. Sharifah Suhana Ahmad, (2007).The Malaysian legal system. 2nd ed. KualaLumpur:
4. Aiman Nariman Mohd Sulaiman. (2008): Commercial applications of companylaw in Malaysia CCH Asia.
5. Maimunah Aminuddin, (2006):Malaysian employment law practices Kelana Jaya:LexisNexis
6. Syed Ahmad Alsagoff, (2003); Principles of the Law of Contract in Malaysia. 2nded. Kuala Lumpur: LexisNexis.
7. Ashgar Ali Ali Mohamed, Muzaffar Syah Mallow, and Farheen Baig Sardar Baig.(2011): Sexual Harassment at the Workplace in Malaysia. Malaysia: Current LawJournal (CLJ).
*Note:
Plagiarism, whether inadvertent or deliberate, shall include the following: Word-for-word copying of sentences or whole paragraphs from one or more
sources, or presenting substantial extracts from books, articles, thesis, otherunpublished work such as working papers, seminar and conference papers,internal reports, computer software, lecture notes or tapes, without clearlyindicating their origin.
Using very close paraphrasing of sentences of whole paragraphs without dueacknowledgement in the form of reference to the original.
Submitting another student’s work in whole or in part. Use of other person’s ideas, work or research data without acknowledgement.
Collusion, whether inadvertent or deliberate, shall include the following:
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Submitting an “individual assignment” that was jointly prepared by the candidateand any other third party, e.g. other students, family, professionals, ortutors/lecturers.
Submitting a “group assignment” that was jointly prepared by the group and anyexternal party, e.g. family, students from other subjects, or professionals.
Copying each other’s work and passing it off as an individual effort.