Short Semester

Course Summary Information

1.
2.

Name of Course
Aspect of Contract and Negligence for Business
Course Code

3.

Name(s) of Academic Staf

4.

Rationale for the inclusion of the course in the programme

The aim of this module is to provide students with an understanding of aspects of the law of contract
and tort and the skill to apply them, particularly in business situations.

5.

Semester and Year Ofered

Semester 2 of Year 1
Total Student Learning
Face to Face
Time (SLT)

6.

L = Lecture
T = Tutorial
P = Practical
O = Others

8.
9.

12

Nil

78

Credit Value
3
Prerequisite (if any)
None
Objective
The objective of the module is to :

1.
2.
3.
4.
1
0.

120
30

7.

Total Guided
and
Independent
Learning

Understand the essential elements of a valid contract in a business context

Be able to apply the elements of a contract in business situations
Understand principles of liability in negligence in business activities
Be able to apply the principles of liability in negligence in business situations

Course Outcome
Upon successful completion of the module, students is able to acquire the following learning and skill
outcomes:

1
1.

1
2.

1. Explain the importance of the essential elements required for the formation of a valid contract,
discuss the impact of different types of contract and analyze terms in contracts with reference to
their
meaning and effect
2. Apply the elements of contract in given business scenarios, apply the law on terms in different
contracts and evaluate the effect of different terms in given contracts
3. Contrast liability in tort with contractual liability, explain the nature of liability in negligence and
how a
business can be vicariously liable
4. Apply the elements of the tort of negligence and defenses in different business situations, and
apply
the elements of vicarious liability in given business situations.
Transferable Skills
Transferable skills are skills that are useful in many job situations. The employability skills such as
communication, teamwork, problem solving, initiative and enterprise, planning and organising, selfmanagement, learning and technology are integrated in this module.
Teaching-Learning Methods
The teaching and learning methods include self/team examination exercises, role play and case
studies. The teaching and learning format is designed to emphasize methodology and to give
students the opportunity to gain experience through the integration of theory and application. The
teaching and learning processes will be facilitated by a series of lectures supported by tutorials,
group and home-exercises sessions. Model, sample, pictures, and slide are used as presentation
materials. Individual, group assignments and discussion is encouraged among the students.
Workshop sessions with group/ individual supervision will be underpinned by individual study and
2014 KOLEJ WIT

Short Semester
1
3.

1
4.
1
5.

1
6.

practice for which guidance will be given.

Synopsis
The module introduces the law of contract, with a particular emphasis on the formation and
operation of business contracts. Students are encouraged to explore the content of these
agreements and then develop skills relating to the practical application of business contracts,
including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be
covered. Students will consider when liability in contract arises, the nature of the obligations on both
sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance
with its terms. Additionally, the module will enable students to understand how the law of tort differs
from the law of contract and examine issues of liability in negligence relating to business and how to
avoid it.
Mode of Delivery
PA1
To possess a command of engineering knowledge required to undertake
The mode of delivery for this module is on a conventional basis of face to face interaction.
supervision of a team and troubleshooting in both operation and maintenance
Assessment Strategies,
Methods, and Types
within the industrial.
Formative assessment : 40%
PA2
To possess a command of engineering hands on skills required to undertake
Assignments
supervision of a team and troubleshooting in both operation and maintenance
Quiz
within the industrial.
Summative assessment = 60%
Final exam
Mid Term exam
Mapping of the Course Outcome to the Programme Aims
Course Outcomes/ Programme Aims
Explain the importance of the essential elements required for the formation
of a valid contract, discuss the impact of different types of contract and
analyze terms in contracts with reference to their meaning and effect

PA2

Apply the elements of contract in given business scenarios, apply the law
on terms in different contracts and evaluate the effect of different terms in
given contracts

Contrast liability in tort with contractual liability, explain the nature of

liability in negligence and how a business can be vicariously liable

Apply the elements of the tort of negligence and defenses in different

business situations, and apply the elements of vicarious liability in given
business situations.
1
7.

PA1

Mapping of the Course Outcome to the Programme Outcomes

Course Outcome's/Programme
Learning Outcomes (CO-PO)
Explain the importance of the
essential elements required for the
formation of a valid contract, discuss
the impact of different types of
contract and analyze terms in
contracts with reference to their
meaning and effect
Apply the elements of contract in
given business scenarios, apply the
law on terms in different contracts
and evaluate the effect of different
terms in given contracts
Contrast liability in tort with
contractual liability, explain the
nature of liability in negligence and
how a business can be vicariously
liable
Apply the elements of the tort of
negligence and defenses in different

PO1

PO2

2014 KOLEJ WIT

PO3

PO4

PO5

PO6

Short Semester
business situations, and apply the
elements of vicarious liability in given
business situations.
PO1
PO2
PO3
PO
PO5
PO6

1
8.

Develop module-specific knowledge understanding and module-specific skills

appropriate to propose careers
Develop transferable skills: self-appraisal; planning and managing learning;
problem solving; communication; interactive and group skills
Develop higher level entrepreneurial and cognitive skills beyond knowledge and
understanding : skills of analysis, synthesis, creativity and evaluation
4
Provide a high level of value added in terms of academic achievement and
learning
Prepare students for progression into and within employment based on the
program enrolled
Prepare students for progression to further study as part of a process of lifelong
learning & professional development.

Content outline of the Course and the SLT per topic:

Course Content/SLT
CHAPTER 1 : ESSENTIAL ELEMENTS OF
A VALID CONTRACT IN A BUSINESS
CONTEXT
1. Essential elements:

Offer and acceptance;

Intention
to
create
legal
relations;

Consideration;

Capacity;

Privity of contract
2. Types of contract:

Face to face;

Written;

Distance selling;

Impact
3. Types of terms:

Condition;

Warranty;

Innominate term;

Express;

Implied;

Exclusion clauses

Their validity
4. Case study

10

CHAPTER 2 : APPLY THE ELEMENTS OF

A CONTRACT IN BUSINESS SITUATIONS
1. Elements:

Application of relevant principles

and case law to business
scenarios
2. Specific terms:

Contents of standard form

business contracts;

Analysis of express
terms,
implied terms and exclusion
clauses in a given contract
3. Efect of terms:

Breach of condition, warranty

and innominate terms;

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Short Semester

Legality of exemption clauses;

Outline of remedies;

Damages
4. Case study

CHAPTER 3 : PRINCIPLES OF LIABILITY

IN NEGLIGENCE IN BUSINESS
ACTIVITIES
1. Negligence:

Differences to contract;

Duty of care;

Breach of duty;

Damage

causation
and
remoteness of damage;

Personal injuries;

Damage to property;

Economic loss;

Occupier liability
2. Liability:

Employers liability;

Vicarious liability;

Health and safety issues

3. Case study

CHAPTER 4 : APPLY PRINCIPLES OF

LIABILITY IN NEGLIGENCE IN BUSINESS
SITUATIONS
1. Negligence:

Application
of
the
legal
principles of negligence and
relevant statutory and case law
to business scenarios including:

Personal injuries,

Damage to property,

Economic loss,

Occupier liability;

Defences;

Contributory negligence;

Remedies
2. Case study

10

10

78

Final Examination
Total Hours

30

12

1
9.

REFERENCES:[Author. Publication Year. Title. Edition. Publisher. State/Country.]

1. Twomey, David P.; Jennings, Marianne M. (2013).
Business Law : Principles for Today's
Commercial Environment. South-Western College Pub
2. Trask, Andrew; DeGuire, Andrew (2013). Betting the Company : Complex Negotiation Strategies
for Law and Business. Oxford University Press
3. Ashcroft, Ashcroft (2013). Law for Business. Cengage Learning
4. Bourne; Nicholas (2013). Company Law. Routledge

2
0.

Other Additional Information

Related Magazines, Internet Sites, Newspapers, Video, Movie, CD-Rom, Other Related web-sites.

2014 KOLEJ WIT