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INTERNATIONAL UNIVERSITY OF THE CARIBBEAN

MEL NATHAN COLLEGE

UNDERGRADUATE STUDIES DIVISION

FACULTY OF BUSINESS, MANAGEMENT & LAW

BACHELOR OF SCIENCE DEGREE IN BUSINESS ADMINISTRATION

COURSE OUTLINE

COURSE NAME: BUSINESS LAW & ETHICS

COURSE CODE: LAW311

CREDIT HOURS: 45

LAB. HOURS: None

THEORY HOURS: 45

PRE-REQUISTES: None

YEAR/SEMESTER: YEAR 3/SEMESTER 1

RATIONALE:
The course Business Law & Ethics gives Business students an appreciation of the legal issues
which will arise in their business undertakings and daily business transactions. An
appreciation of the role of business law and ethics in the regulation of businesses is
essential to the proper management of business programmes and projects. This course will also
give students an appreciation of the increasing importance of corporate governance and
compliance in the administration of businesses.

COURSE DESCRIPTION:
This course gives students an appreciation of the formal regulatory role of the law in business. It
introduces students to essential business law topics such as the nature of and classification of
laws, Contract Law, Torts, Company Law and Employment Law and also gives them an
overview of corporate governance and business ethics issues. The course will help students to
develop analytical and problem solving skills in the application of these legal and ethical
principles to business scenarios.

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GENERAL OBJECTIVES:

 To provide students with an understanding of the nature, classification and sources of law
 To develop a general awareness of the structure of the legal system
 To examine the liability of professionals, with focus on directors, lawyers and
accountants
 To provide knowledge of the importance and utility of contracts to business situations
 To be able to demonstrate an understanding of how companies are formed and the rules
that govern the management, administration and financing of companies
 To examine ethical approaches, principles, and actions as they affect the workplace and
society as a whole.
 To equip students with legal and ethical knowledge regarding employment law, including
employment discrimination, health and safety, terms of employment and redundancy

SUMMARY OF COURSE CONTENT:

Unit 1:Introduction to Law 3 hours


Unit 2:The Legal System 4 hours
Unit 3:Law of Torts 4 hours
Unit 4: Law of Contract 12 hours
Unit 5:Company Law (General principles) 6 hours
Unit 6: Business Ethics and Corporate Responsibility 7hours
Unit 7: Employment Law 6 hours
Unit 8: Revision 3 hours

COURSE ACTIVITIES:

Unit 1: Introduction to Law 3 hours

Content
 The Nature of Law
 Classification of Law – Criminal and Civil Law
 Sources of Law – Main and Subsidiary sources

Learning Objectives:
At the end of the unit students should be able to:
1. Critically assess how the law has evolved into the present legal system.

2. Understand and discuss the classification and sources of laws.

3. Appreciate the variety of laws that affect their daily lives.

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Unit 2: The Legal System 4 hours

Content
 The Constitutional Law of Jamaica
 Delegated Legislation
 The Hierarchy of Courts
 Arbitration and Tribunal System

Learning Objectives
At the end of the unit students should be able to:
1. Understand and appreciate the structure of the Jamaican Legal system,

2. Evaluate the impact of the British Legal system how it affects the government of
Jamaica.
3. Be familiar with the constitutional rights granted by the Jamaican Constitution
4. Be able to appreciate the role of Arbitration and the Tribunal system in the dispensation
of justice.

Unit 3: The Law of Torts 4 hours


Content:
 The Nature of a Tort
 Negligence
 Vicarious Liability
 Occupiers Liability

Learning Objectives:
At the end of the unit students should be able to:
1. Appreciate the basic principles of the Law of Torts and understand the central role of
negligence in the Law of Tort.
2. Understand the concepts of Vicarious Liability and Occupiers Liability
3. Appreciate the liability of professionals to their clients for negligence with special
emphasis on company directors, lawyers and accountants.

Unit 4: The Law of Contracts 12 hours


(General principles)
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Content:
(General Principles)
 Nature and Function of a Contract
 The Elements of a Contract
- Offer and Acceptance

Learning Objectives:
At the end of the unit students should be able to:
1. Appreciate the importance of simple contracts in every day transactions.

2. Understand the legal principles governing formation of contracts, and critically analyse
whether there is an offer and acceptance in relation to various types of agreements and
advertisements.

Unit 5: The Law of Contracts 3 hours


Content:
(General Principles)
 Nature and Function of a Contract
 The Elements of a Contract
- Offer and Acceptance

Learning Objectives:
At the end of the unit students should be able to:
1. Appreciate the legal elements of simple contracts which they enter into on a daily basis
2. Understand the principles governing formation of contracts.

Unit 6: The Law of Contracts 3 hours


Content: (General Principles)
 The Elements of a Contract (continued)
- Consideration
- Terms of the Contract

Learning Objectives:
At the end of the unit students should be:
1. Familiar with the concept of consideration in relation to the formation of a contract.

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2. Be able to identify implied terms of a contract and be familiar with the concepts of
conditions, warranties and exemption clauses.

Unit 7: The Law of Contracts 3 hours


Content: (General principles)
 Privity of Contracts
 Vitiating Factors
- Mistake, misrepresentation, undue influence, duress, illegality,
incapacity

Learning Objectives:
At the end of the unit students should be able to:
1. Identify the various parties in a contract.
2. Understand the concepts of void and voidable contracts due to vitiating factors such as
mistake, misrepresentation, undue influence, duress, illegality, incapacity

Unit 8: The Law of Contracts 3 hours


Content: (General Principles)
 Discharge of Contracts
 Remedies for Breach of Contract

Learning Objectives:
At the end of the unit students should be able to:
1. Understand the legal principles applicable to the discharge and termination of contracts.
2. Be able to discuss and identify the various remedies available to a complainant or a
defendant in relation to breaches of contract.

Unit 9: Company Law 3 hours


Content: (General Principles)
 Forms of Businesses (sole trader, partnership and companies)
 Nature and Scope of Companies
- Types of companies
- Incorporation and the nature of legal personality
- Registration of a company
- Memorandum and Articles of Association

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Learning Objectives:
At the end of the unit students should be able to:
1. Identify and discuss the legal elements in relation to the formation of companies,
partnerships and sole traders.
2. Identify the different types of companies, such as companies limited by shares and
companies limited by guarantee.
3. Understand how to register a company at the Companies Office of Jamaica.
4. Compile the Articles of Incorporation of a Company

Unit 10: Company Law 3 hours


Content: (General Principles)
 Management and control of the company
- Corporate Management (Role of directors, secretary)
- Corporate Administration (Effect of company meetings and
resolutions)
 Winding up a company

Learning Objectives:
At the end of the unit students should be able to:
1. Understand the role and functions of the Directors and the Company Secretary.
2. Appreciate the importance of Directors meetings, the necessity for resolutions
3. Understand the provisions set out in the Companies Act for compliance such as filing
annual returns and various other documents.

Unit 11: Business Ethics & Corporate Responsibility 4 hours


Content: (General Principles)
 Moral Reasoning in Business: Basic Concepts
- Utilitarianism, Ethical Relativism, Moral Duty, Rights, and Justice

- Compliance and Integrity

 Aims and Responsibilities of Business


- Capitalism and the Role of the Corporation

- Corporate Governance

- Long-term Benefits of Ethical Business

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Learning Objectives:
At the end of the unit students should be able to:
1. Appreciate basic concepts of business ethics.
2. Understand the role of the corporation under the capitalist system of commerce.
3. Appreciate the importance of Corporate Governance and Compliance to the success of
businesses

Unit 12: Business Ethics and Corporate Responsibility 3 hours


Content: (General Principles)
 The Business-Consumer Relationship
- The Fair Competition Act (FCA)

- Practices Prohibited by the FCA

- The Fair Trading Commission

 The Business-Community Relationship


- Governmental Regulations
- Environmental Responsibilities

Learning Objectives:
At the end of the unit students should be able to:
Have a working knowledge of trade protection legislation such as the Fair Trading Act and also
current environmental protection legislation and its application to businesses.

Unit 13: Employment Law 3 hours


Content: (General Principles)
 Employer and Employee Relationship
- Terms of the Employment Contract
- Duties of the Employer and Employee
- Termination of Employment Contract

Learning Objectives:
At the end of the unit students should be:
1. Able to identify and discuss basic concepts of employment law and current employment
legislation such as the Holidays with Pay Act etc.
2. Be familiar with the terms of an employment contract .
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3. Be able to distinguish between a contract for services and a contract of employment

Unit 14: Employment Law 3 hours


Content: (General Principles)

 Health and Safety at the Workplace


 Discrimination in Employment
- Sexual Harassment
- Unfair Dismissal
 Redundancy

Learning Objectives:
At the end of the unit students should be:
1. Able to evaluate and discuss health and safety and discrimination issues at the workplace
2. Familiar with the provisions of the Employment, Redundancy & Termination Act,
Jamaica.

Unit 15: Revision 3 hours


Content: 1. Review and Discussion of various topics taught
2. Reviewing past examination questions

Learning Objectives:
At the end of the unit students should have:
1. Clarified any uncertainties, inconsistencies in relation to the topics covered during the
course.
2. Be prepared to handle the upcoming examination.

ASSESSMENT:

How will evidence of competency be displayed?


Course Work 60%
Mid-semester test 10%
Student presentations 20%
Essay(s) 30%
Examination 40%

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TEACHING STRATEGIES:
Lectures Class discussion s

Individual and group Student presentations


exercises

PRESCRIBED TEXT:

Boatright John 5th edition Ethics and the Conduct of Business Pearson education 2007

Lovell Alan Fisher Colin 2nd edition Business Ethics and Values Pearson education 2006

Velasquez Manuel 6th edition Business Ethics Pearson Education 2006

ADDITIONAL READING:

Abbott Keith, Pendlebury Norman, Wardman Kevin, 7th ed Business law, Thomson, 2002.

David Kelly, Ann Holmes, Ruth Hayward, 5th ed, Business Law, Cavendish publishing, 2005.

WEBSITES:

http://www.businessweek.com/stories/2007-10-15/if-its-legal-its-ethical-right-
businessweek-business-news-stock-market-and-financial-advice
http://www.businesstrainingmedia.com/article-businessethics.php
http://yourbusiness.azcentral.com/potential-legal-ethical-issues-business-owners-
face-10733.html

IMPORTANT NOTE ON PLAGIARISM

Plagiarism is a form of intellectual theft. If you fail to acknowledge your sources or make it
appear that someone else’s work is your own, you are guilty of plagiarism. The scholarly
world operates by exchanging information and crediting the sources of that information. If
you violate that process, you have committed a crime in the academic community. If you
are having difficulty completing a paper on time, or need some additional help, or are
unsure of how or where to document a source, please contact your lecturer or go to the
librarian for help so you can avoid inadvertently or intentionally plagiarizing a source.

You will be charged with plagiarism if you:


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 Copy from published sources without adequate documentation.
 Intentionally or unintentionally appropriate the ideas, language, key terms, or findings of
another without sufficient acknowledgment that such material is not your own and
without acknowledging the source.
 Purchase a pre-written paper (either by mail or electronically).
 Let someone else write a paper for you.
 Reproduce someone else’s project.
 Submit as your own someone else’s unpublished work, either with or without permission
 Incorrectly cite or neglect to cite borrowed materials

Consequences of Plagiarism

 If the final work you submit—all of it—is not yours, it does not matter how you came by
it. Charges of plagiarism are brought to the attention of Academic Affairs, which initiates
an investigation that may lead to formal charges.
 The process for the investigation and adjudication of charges may be accessed at the
Dean of Faculty’s Office.
 Plagiarism is a serious offense that can result in a variety of sanctions

Appropriate Uses of Sources

A mark of strong academic writing is demonstrated when one appropriately identifies sources in
his/her arguments and analyses. This practice is called documentation. Guidelines for how to
correctly cite materials used within your writing and assembling the list of works that you cite in
your paper are available on a PowerPoint Presentation and can be accessed in the Library.

 Whenever you draw on another’s work, you must specify what you borrowed, whether
facts, opinions, or quotations, and where you borrowed them from.

Avoiding Plagiarism

 Contact your lecturer and honestly discuss a strategy for completing an assignment rather
than risk humiliation and legal charges.
 Become thoroughly acquainted both with the various ways in which plagiarism is
construed, and with sources of proper documentation.

(See the Undergraduate Student Handbook for additional information).

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