KOLEJ PROFESIONAL MARA AYER MOLEK SCHEME OF WORK

Course Title Code Status Level Credit Value/Hour Contact Hour Sem/Year Taught Prerequisite Mode of Delivery Lecturers COMMERCIAL LAW LAW 2013 Core Diploma 3 (2 + 1.5) 2L + 1.5T Sem 3 / Year 2 None Lecture and Tutorial Mohair Nizam b Johari, MBL (UKM), LLB (Hons) IIUM, Dip Ed. (Room 37), 019-3069567 akhimuslim1@yahoo.com (Course Coordinator) Syed Sallehuddin Idid b. Syed Salim Idid, LLB (Hons) IIUM, - (Room 33), 017-6308425, ibnusabil_2000@yahoo.com General Studies This course concentrates on the commercial aspects of Malaysian legal system mainly law of contract and sales of goods as the basis of almost all business transactions and the legal principles to the operation of business.

Department Synopsis

COURSE OBJECTIVES
1 To identify the concept of law and the judicial system in Malaysia. 1.1 1.2 1.3 1.4

LEARNING OUTCOMES
On completion of this course, students should be able to: define law and state the aim of law explain the supremacy of Federal Constitution list down the various sources of law identify the hierarchy and the jurisdictions of Malaysian courts

To evaluate seven essential elements of valid contract and remedies of its breach according to the Contracts Act 1950. To appraise the contract of sales of goods and its contents according to the Sale of Goods Act 1957. To examine the creation of agencies, duties, rights and liabilities of agents and principals and termination of the contract of agency according to Contracts Act 1950. To illustrate the requirements of the contract of hire purchase according to the Hire Purchase Act 1967. To describe the nature of negotiable instrument with emphasize on cheque according to Bills Of Exchange Act 1949.

2.1 to identify the elements of a valid contract 2.2 to analyze the terms of a contract 2.3 to recognize the remedies for breach of contract 3.1 to describe the creation of agency 3.2 to generate the idea in respect of duties, rights and liabilities of an agents and principals 4.1 to interpret the terms of sale of goods 4.2 to discuss the transaction, repossession and liabilities of the parties in sale of goods

5.1 to examine the requirement of Hire Purchase Agreement 5.2 to describe the rights of hire purchase and repossession in hire purchase 6.1 to examine the nature of negotiable instrument with emphasis on cheque 6.2 to demonstrate crossing of cheque and describe the alteration of cheque 6.3 to examine the protection of a paying banker and collecting banker

Verified By:

WEEK / DATE [2011] WEEK 1 (11 15 JUL)

TOPIC

PLO / COURSE OBJECTIVES/ LEARNING OUTCOMES

SOFTSKILL

LOC S

REF

REMARKS

Topic 1: MALAYSIAN LEGAL SYSTEM 1. Introduction to law 2. The Malaysian Constitution

PLO: Knowledge, Critical Thinking and Problem Solving Skills Course Objective: To identify the concept of law and the judicial system in Malaysia. Learning Outcomes: 1.1 define law according to various sources. 1.2 state three(3) classification of law. 1.3 identify the supremacy of constitution.

D I / SD 1

1 2

PHENG L.M. & Detta I.J. Ch. 1

Active Learning 1, 4th Meeting of Instruction Week 1

WEEK 2 (18 22 JUL)

Topic 1: MALAYSIAN LEGAL SYSTEM 3. Sources of Malaysian Law 4. Judicial system

PLO: Knowledge, Critical Thinking and Problem Solving Skills Course Objective: To identify the concept of law and the judicial system in Malaysia. Learning Outcomes: 1.4 list down two main sources of Malaysian law and its classification. 1.5 outline the hierarchy of court and jurisdiction.

D I / SD 2

3 3

PHENG L.M. & Detta I.J. Ch. 2 & 3

Active Learning 2, 4th Meeting of Instruction Week 2

WEEK 3 (25 29 JUL)

Topic 2: LAW OF CONTRACT 1. Elements of contract

PLO: Knowledge, Practical Skills, Team Skills, Ethics & Social Responsibilities, Entrepreneurship & Managerial Skills Course Objective: to evaluate seven essential elements of valid contract and remedies of its breach according to the Contracts Act 1950 Learning Outcomes: 2.1 To explain the definition of contract. 2.2 To determine the essential elements of contract.

D I / SD 4

PHENG L.M. & Detta I.J. Ch. 4

Active Learning 3, 3rd Meeting of Instruction Week 3 Quiz One (5%) 25/07/11 (MLS)

WEEK 4 (01 05 AUG)

Topic 2: LAW OF CONTRACT 2. Voidable contract 3. Void/ Illegal contract

PLO: Knowledge, Practical Skills, Team Skills, Ethics & Social Responsibilities, Entrepreneurship & Managerial Skills Course Objective: to evaluate seven essential elements of valid contract and remedies of its breach according to the Contracts Act 1950 Learning Outcomes: 2.3 To explain the importance of free consent in a contract.

D IV / SD 14

3 2

PHENG L.M. & Detta I.J. Ch. 4

Active Learning 4, 2nd Meeting of Instruction Week 4

WEEK 5 (08 12 AUG)

Topic 2: LAW OF CONTRACT 4. Discharge of contract 5. Remedies for breach of contract

PLO: Knowledge, Practical Skills, Team Skills, Ethics & Social Responsibilities, Entrepreneurship & Managerial Skills Course Objective: to evaluate seven essential elements of valid contract and remedies of its breach according to the Contracts Act 1950 Learning Outcomes: 2.4 To discuss on how the contact can be discharged. 2.5 To list down the remedies for breach of contract.

D IV / SD 14

2 2

PHENG L.M. & Detta I.J. Ch. 4

Active Learning 5, 1st Meeting of Instruction Week 5

WEEK6 (15 19 AUG)

Topic 3: LAW OF HIREPURCHASE 1. Formation of hire purchase agreement 2. Terms of contract: Implied conditions and implied warranties

PLO: Knowledge, Practical skills, Critical Thinking & Problem Solving Skills, Life Long Learning & Information Management Course Objective: Illustrate the requirements of the contract of hire purchase according to the Hire Purchase Act 1967. Learning Outcomes: 3.1 To define hire-purchase 3.2 To explain the procedures that must be complied with in the formation of hire-purchase agreement. 3.3 To discuss the five implied terms in a hirepurchase agreement.

D IV/ SD 13

2 2

PHENG L.M. & Detta I.J. Ch. 8

Active Learning 6, 4th Meeting of Instruction Week 6 TEST (Week 6, 15 Aug 2011, Topic 1&2)

WEEK 7 (22 26 AUG)

Topic 3: LAW OF HIREPURCHASE 3. Statutory rights and duties of hirer and owner 4. Procedures of repossession

PLO: Knowledge, Practical skills, Critical Thinking & Problem Solving Skills, Life Long Learning & Information Management Course Objective: Illustrate the requirements of the contract of hire purchase according to the Hire Purchase Act 1967. Learning Outcomes: 3.4 To describe the six rights and liabilities of the hirer 3.5 To identify the procedures for repossession of the goods by the hirer 3.6 To explain the two rights of the hirer if goods repossessed

D IV/ SD 13

2 3

PHENG L.M. & Detta I.J. Ch. 8

Active Learning 7, 4th Meeting of Instruction Week 7 Assignment Question Out (12/9/2011)

WEEK 8 (12 16 SEPT)

Topic 4: LAW OF SALE OF GOODS 1. Introduction to sale of goods 2. Terms of contract 3. Transfer of possession and ownership

PLO: Knowledge, Practical skills, Team Skills, Communication Skills, Critical Thinking & Problem Solving Skills, Course Objective: Appraise the contract of sales of goods and its contents according to the Sale of Goods Act 1957. Learning Outcomes: 4.1 To define goods 4.2 Explain the terms which exist under the sale of goods contracts 4.3 Discus the general principles in the transfer of goods and its exceptions

D IV/ SD 13

1 2 3

PHENG L.M. & Detta I.J. Ch. 7

Active Learning 8, 4th Meeting of Instruction Week 8

WEEK 9 (19 23 SEPT)

Topic 4: LAW OF SALE OF GOODS 5. Performance of the contract 6. Remedies for breach of contract

PLO: Knowledge, Practical skills, Team Skills, Communication Skills, Critical Thinking & Problem Solving Skills, Course Objective: Appraise the contract of sales of goods and its contents according to the Sale of Goods Act 1957. Learning Outcomes: 4.4 Assess means of performance for sales of goods 4.5 Examine unpaid sellers rights 4.6 Discuss the remedies which can be claimed by a seller and buyer if there is a breach of contract.

D IV/ SD 13

2 3

PHENG L.M. & Detta I.J. Ch. 7

Active Learning 9, 4th Meeting of Instruction Week 9

WEEK 10 (26 30 SEPT)

Topic 5: LAW OF AGENCY 1. Introduction to law of agency 2. Creation of agency 3. The authority of the agent

PLO: Knowledge, Communication Skills, Critical Thinking & Problem Solving Skills, Course Objective: Examine the creation of agencies, duties, rights and liabilities of agents and principals and termination of the contract of agency according to Contracts Act 1950. Learning Outcomes: 5.1 Explain five ways an agency can be created; 5.2 Categorise two types of authorities of an agent;

D II/SD 6&7 D IV/SD 12

1 3 2

PHENG L.M. & Detta I.J. Ch. 9

Active Learning 10, 4th Meeting of Instruction Week 10 Quiz two (5%) 26/09/11 (SOGA)

WEEK 11 (03 07 OCT)

Topic 5: LAW OF AGENCY 4. Statutory duties of agent and principal 5. Effects of contract made by the agent 6. Termination of agency

PLO: Knowledge, Communication Skills, Critical Thinking & Problem Solving Skills, Course Objective: Examine the creation of agencies, duties, rights and liabilities of agents and principals and termination of the contract of agency according to Contracts Act 1950. Learning Outcomes: 5.3 Discuss functions and duties of an agent to his principal; 5.4 Appraise the three rights and duties of a principal; 5.5 Assess the effects of a contract made by an agent; and 5.6 Examine the ways for termination of a contract of agency.

D II/SD 6&7 D IV/SD 12

2 3 2

PHENG L.M. & Detta I.J. Ch. 9

Active Learning11, 4th Meeting of Instruction Week 11

WEEK 12 (10 14 OCT)

Topic 6: LAW OF NEGOTIABLE INSRUMENT 1. Nature of bills of exchange 2. Types of cheque 3. Crossing and alteration on cheque

PLO: Knowledge, Practical Skills Course Objective: Describe the nature of negotiable instrument with emphasize on cheque according to Bills Of Exchange Act 1949 Learning Outcomes: 6.1 List six important characteristics which must exist in a cheque 6.2 Examine the three forms of cheques and its definition 6.3 Appraise the procedures and effects of crossing of cheques as well effects on cheques which has been altered;

D IX/SD 20

2 2 3

PHENG L.M. & Detta I.J. Ch. 12

Active Learning12, 4th Meeting of Instruction Week 12 Assignment Submission 12/10/11

WEEK 13 (17 21 OCT)

Topic 6: LAW OF NEGOTIABLE INSRUMENT 4. Protection of paying banker and collecting banker 5. Termination of the paying bankers to pay

PLO: Knowledge, Practical Skills Course Objective: Describe the nature of negotiable instrument with emphasize on cheque according to Bills Of Exchange Act 1949 Learning Outcomes: 6.4 Assess the conditions which must be complied with to enable the paying bank and collecting bank to be protected 6.5 Evaluate the principle for the termination of authority of the bank to make payment.

D IX/SD 20

3 2

PHENG L.M. & Detta I.J. Ch. 12

Active Learning 13 4th Meeting of Instruction Week 13 Quiz two (5%) 17/10/11 (AGENCY)

WEEK 14 (24 28 OCT) WEEK 15 WEEK 16-18

PRESENTATION OF GROUP ASSIGNMENT/PROJECT REVISION WEEK (31 OCT 04 NOV 2011) (08 25 NOV 2011)

FINAL EXAMINATION

Assessment: Quizzes (3) Tests (1) Assignment (1) Final Exam Total 15% 20% 15% 50% 100%
=20 MARKS =60 MARKS

QUESTION FORMAT (Final) 2 SECTIONS : SECTION A MULTIPLE CHOICE QUESTIONS SECTION B ESSAY QUESTIONS & PROBLEMATIC QUESTIONS ANSWER ALL QUESTIONS IN SECTION A, FOUR QUESTION IN SECTION B. DURATION IS 2 HOURS AND 30 MINUTES

LEVEL OF COMPETENCY L1-awareness: demonstrates familiarity with the topic in question can define it in overview terms can relate the relevance of the topic to business activities L2- knowledge: this builds upon awareness Able to explain the topic Describe inter-relationships between component parts Describe process, theories and j judgement issues L3-skills: this builds upon knowledge Able to apply knowledge to real world situations

Main references

Additional references

Lee Mei Pheng & Ivan Jeron Detta, (2011), Business Law (Oxford Revision Series), Kuala Lumpur, Oxford University Press Lee Mei Pheng & Ivan Jeron Detta, (2009), Business Law, Kuala Lumpur, Oxford University Press Pheng L.M., (2005), General Principles of Malaysian Law, 5th ED., Kuala Lumpur: Fajar Bakti Lee Mei Pheng & Ivan Jeron Detta, (2011), Commercial Law (Oxford Fajar Polytechnic Series), Kuala Lumpur, Oxford University Press Shaik Mohd. Noor Alam Hussain, S.M., (2002), Undang-Undang Komersial Malaysia, Kuala Lumpur: Dewan Bahasa dan Pustaka. Arjunan K., (1998), Commercial Law In Malaysia Cases And Commentary, Kuala Lumpur: Malayan Law Journal Keenan D. and Riches S., (1998), Business Law, 5th ED., London: Pitman Aun W.M. and Vohrah B., (1991), The Commercial Law of Malaysia, Kuala Lumpur: Longman Federal Constitution Contract Act 1950 (revised 1974) The Sale of Goods Act 1957 (revised 1989) Hire Purchase Act 1967 (revised 1978) Consumer Protection Act 1999 Bills of Exchange Act 1949 (revised 1978) Civil Law Act 1956

Statutes