Business Law assignment help HND

Module Booklet






















Unit 26Business Law
Unit level5
Unit code R/601/1145
QualificationBTEC HND in Business
Term Start Date22/02/2016
Hand out date29/02/2016
Submission Deadline15/07/2016
Lecture15 Weeks
Revision Clinic3 Weeks
Module Leader 
Lecturer 
TABLE OF CONTENTS
  1. INTRODUCTION, AIMS AND OBJECTIVES ………………………3

 
  1. LEARNING OUTCOMES AND ASSESSMENT CRITERIA ………..4

 
  1. UNIT CONTENT………………………………………………………….5

 
  1. TEACHING PLAN………………………………………………………...7

 
  1. Recommended text and websites ………………………………………10

 
  1. Methods of Delivery……………………………………………………..13

 
  1. Assignment Brief…………………………………………………………15

 
  1. Contextualisation Grid to achieve higher grade……………………..20

 
  1. INTRODUCTION, AIMS AND OBJECTIVES

(1.1) Introduction

 

Generally, businesses operate within a certain legal framework and business students are expected to have a good working understanding of that framework in order to be effective professionals within the Business environment. Aspects such as the legal rules which apply to sale of goods contracts, anti-competitive practices through monopolies, mergers and the use of intellectual property rights are essential tools to understand within that environment. Hence after the study of this subject, learners would be better placed to apply these essential rules to their business dealings.

Learners need to understand the repercussions applicable for failure to comply with these areas of law that follow from the basic rules of contract and tort as well as to appreciate the essence of avoiding such liability.

 

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(1.2) Aim

The goal of this unit is to provide learners with knowledge and ability to apply laws relating to sale of goods, consumer credit, monopolies and intellectual property as it relates to business and its everyday dealings.

 

(1.3) Learning outcomes
  1. Be able to apply the main principles affecting the legal relationship between business organisations and their consumers

  1. Be able to apply the legal rules on consumer credit agreements and agency

  1. Understand the legal rules relating to monopolies, mergers and anti-competitive practices

  2. Know the key provisions relating to intellectual property rights

  1. LEARNING OUTCOMES AND ASSESSMENT CRITERIA


On successful completion of this unit a learner will:

LO1 Be able to apply the main principles affecting the legal relationship between business organisations and their consumers and to;

1.1)  apply the legal rules on implied terms relating to the sale of goods and supply of services

1.2)  apply the statutory provisions on the transfer of property and possession

1.3)  evaluate the statutory provisions on buyer’s and seller’s remedies

1.4)  apply product liability statutory provisions

LO2 Be able to apply the legal rules on consumer credit agreements and agency and should be able to;

2.1) differentiate between types of credit agreements

2.2) apply rules, termination rights and default notices in a given scenario

2.3) differentiate between the different types of agent

2.4) evaluate the rights and duties of an agent

LO3 Understand the legal rules relating to monopolies, mergers and anti-competitive practices. Students should be able to;

3.1)  outline monopolies and anti-competitive practice legislation in the UK

3.2)  explain the role of the Competition Commission within the context of monopolies and anti-competitive practices and the UK Office of Fair Trading

3.3)  define dominant positions within the EU common market

3.4)  consider the application of EU exemptions to potentially anti-competitive practices

LO4 Know key provisions relating to intellectual property rights: Students should be able to;

4.1)  identify differing forms of intellectual property

4.2)  outline the principles relating to the protection of inventions through patent rights and their infringement in a given business scenario

4.3) describe the principles relating to copyright protection and their infringement in a given business scenario

4.4)  compare and contrast the protection of trademarks and business names.
  1. UNIT CONTENT

 

LO1 Be able to apply the main principles affecting the legal relationship between business organisations and their consumers

 

Sale of goods: statutory implied terms, transfer of property and possession, seller’s remedies against the buyer, consumer’s remedies against the seller; relevant legislation

Supply of services: statutory implied terms, seller’s remedies, consumer’s remedies

Product liability: defective goods, consumer remedies against the producer of defective goods; relevant legislation

 

LO2 Be able to apply the legal rules on consumer credit agreements and agency

 

Forms of consumer credit agreements: restricted use of credit, unrestricted use of credit, debtor-creditor supplier agreements, debtor-creditor agreements; relevant legislation

Other agreements: exempt agreements, small agreements, multiple agreements, linked transactions, cancellable agreements

 

Consumer credit licensing: general requirements, the issue of licences, termination of consumer credit agreements, early re-payment, right to terminate, termination statements, enforcement of consumer credit agreements, creditor’s remedies, default notices; relevant legislation

Agency: definition, types of agent, authority of agent, rights and duties of agent and principal, agent’s liability to third party, termination of agency; relevant legislation

 

LO3 Understand the legal rules relating to monopolies, mergers and anti-competitive practices

 

Monopolies and competition in the UK: relevant legislation e.g. on competition, and Fair Trading; scale monopolies, complex monopolies, restrictive trade practices, Director General of Fair Trading

Competition Commission: role of the Commission, appeals tribunal

Dominant positions within the EU: treaty provisions, the abuse of a dominant position and enforcement

Exemptions: treaty articles and definitions, individual and block exemptions

 

LO4 Know the key provisions relating to intellectual property rights

 

Protection of inventions: registration of patents, designs, trademarks and copyright, role of the Patent Office (UK), European Union Patent Office

Patents: patent legislation, patent rights, inventions, patents and employees

Copyright: copyright legislation, ownership of copyright, duration of copyright, using copyright materials

Trademarks and business names: defining trademarks, applying to register a trademark, registering business names

Infringement of intellectual property rights: unauthorised use of intellectual property, patent hearings, copyright tribunal, passing off
  1. TEACHING PLAN

Unit: 26 BUSINESS LAW














































































































WkLecture ScheduleOutcome of sessionActivity/seminar and formative assessmentResources
1

 
Introduction to the module. The role of Business Law within the Business environment, Types of Terms and Introduction to Sale of Goods Contracts Gain understanding of the module and mode of assessment, Terms of contract, Introduction to sale of Goods contracts

 
Class questions and answer session to test knowledge and understanding of topic coveredModule handbook, Power point presentation
2

 
Implied Terms of Sale of Goods and Supply of Goods and Services

 
 Ability to explain and apply the implied terms of sale of Goods in everyday transactionsQuestions and answers and Case study addressing the LO 1.1 and 1.2Module handbook, Power point presentation
3

 
Applying statutory provision on the transfer of property and possessionAbility to analyse when transfer of property takes place and instances when ownership is not transferredQuestions and answer session as well as interactive discussions relating to LO 1.2Module handbook, Power point presentation
4

 
Evaluating the statutory provisions on buyers and sellers remedies in instances of breach of sale of goods contractsAbility to analyse remedies in instance of breach of sale of goods contractQuestions and answer/case study addressing LO 1.3Module handbook, Power point presentation and Case study
5

 
Discussing product liability for goods supplied and introduction to consumer credit contractsAbility to explain and apply rules relating to termination of credit agreementsInteractive discussions /Case study and addressing the LO1.4 and L02.1Module handbook, Power point presentation
6

 
Differentiating between different types of credit agreementsAbility to analyse the different forms of credit available to a consumerCase study addressing LO 2.1Module handbook, Power point presentation
7

 
Agreements Rules relating to termination of consumer credit agreementsAbility to discuss the different rules relating to terminating consumer credit agreementsQuestions and answer session relating to LO2.2Module handbook, Power point presentation
8

 
Agency creation and different forms of agencyAbility to analyse laws relating to Agency and the different formsQuestion and answer session relating to LO2.3Module handbook, Power point presentation
9

 
Duties and Authority of AgentsAbility to analyse the authority and duties of AgentsInteractive discussions, questions and answers/ case study L02.4Module handbook, Power point presentation and Lecture Notes
10

 
Legislation on competition law, Monopolies and Anti-competition practices in the UKAbility to analyse the rules relating to monopolies, mergers and other anti-competitive practices in the UKQuestions and answers relating to LO 3.1Module handbook, Power point presentation
11

 
The Role of the Regulatory Bodies in dealing with monopolies mergers and other anti-competitive practicesAbility to analyse the role of the different regulatory bodies on competitionQuestions and answers relating to LO 3.2 Module handbook, Power point presentation
12

 
EU law relating to abuse of dominant position and other anti competitive practices and instances of EU exemptions to those practicesAbility to explain EU laws on anti-competitive issue in the European UnionCase study relating to LO 3.3 and L03.4Module handbook, Power point presentation
13

 
Meaning and different forms of Intellectual Property and principles relating to the protection of inventionsAbility to analyse the different forms of Intellectual Property and laws relating to PatentsCase study relating to LO 4.1 and L0 4.2Module handbook, Power point presentation

 
14

 
Copyrights protection, Design Rights and Trade Marks,  Student PresentationsAbility to explain the legal protection for copyright and Trade marksCase study relating to LO 4.3 and L0 4.4Module handbook, Power point presentation
15

 
General Revision and Student PresentationsAbility to explain the legal protection for trademark and business nameStudent led PresentationStudent led Presentation

 
16

 
Assignment supportAssignment support and guidance Module booklet
17

 
Assignment supportAssignment support and guidance Module booklet
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Assignment supportAssignment support and guidance Module booklet
19

 
Assignment FeedbackFeedback given to the Learner  
20

 
Assignment FeedbackFeedback given to the Learner  
21

 
Assignment FeedbackFeedback given to the Learner  
 

 

Recommended text and links and Websites:

 

Keenan M, Riches S and Allen V, Business Law, Eleventh Edition, 2013

Maclntyre E, Business Law, fifth Edition, 2014

Jones L, Introduction to Business Law, third Edition, 2015

Adams A, Law for Business Students, eighth edition, 2014

Maclntyre E, Essentials of Business Law, fourth Edition, 2014

Magazines, journals and newspapers

CLJ Cambridge Law Journal

JBL Journal of Business Law

L Teach Law Teacher Journal

LQR Law Quarterly Review

MLR Modern Law Review

Helpful Websites

 
  1. Session Delivery

























































































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16ASSIGNMENT SUPPORT  
17ASSIGNMENT SUPPORT  
18ASSIGNMENT SUPPORT  
19ASSESSMENT AND FEEDBACK  
20ASSESSMENT AND FEEDBACK  
21ASSESSMENT AND FEEDBACK  
 

Lecturer: Emmanuel FOMUSO

Campus: Wentworth house

Teaching and Learning Activities  

 

The module tutor(s) will aim to combine lectures with tutorial activities. This environment will provide opportunities for the student to understand the course material through case study and text and to apply it in a practical way. The intent is to facilitate interactive class activities, and discussion about the significant role of research in a global and local business environment.

 

Teaching Ethos

The college’s approach towards teaching and learning is simple and effective. The main aim of UKCBC is to assist learners in maximising their potential by ensuring that they are taught clearly and effectively. This will enable students to engage in the learning environment and promote success in both their academic studies and subsequent career.

 
  1. METHODS OF DELIVERY

 

LECTURES:

These will be developed around the key concepts as mentioned in the indicative course content and will use a range of live examples and cases from business practice to demonstrate the application of theoretical concepts. This method is primarily used to identify and explain key aspects of the subject so that learners can utilise their private study time more effectively.

 

SEMINARS:

These are in addition to the lectures. The seminars are designed to give learners the opportunity to test their understanding of the material covered in the lectures and private study with the help of reference books. This methodology usually carries a set of questions identified in advance. Seminars are interactive sessions led by the learners. This method of study gives the learner an excellent opportunity to clarify any points of difficulty with the tutor and simultaneously develop their oral communication skills.

CASE STUDIES: An important learning methodology is the extensive use of case studies. They enable learners to apply the concepts that they learn in their subjects. The learners have to study the case, analyse the facts presented and arrive at conclusions and recommendations. This assists in the assessment of the learner’s ability to apply to the real world the tools and techniques of analysis which they have learnt. The case study serves as a supplement to the theoretical knowledge imparted through the course work.

 

Plagiarism:

Any act of plagiarism will be seriously dealt with according to the colleges and awarding bodies’ regulations. In this context the definition and scope of plagiarism are presented below:

Plagiarism is presenting someone’s work as your won. It includes copying information directly from the web or books without referencing the material; submitting joint coursework as an individual effort; copying another student’s coursework; stealing coursework form another student and submitting it as your own work. Suspected plagiarism will be investigated and if found to have occurred will be dealt with according to the college procedure. (For further details please refer to the plagiarism policy and the student code of conduct.)

 

Assessment:

The module will be assessed meeting all the LO as specified by the awarding body, Ed Excel.

Please read the instructions carefully while addressing the tasks specified. 

Contribution: 100% of the module

Outline Details: Individual report approximately 4000 to 4500 words. Details enclosed in the assignment brief





























7.    Assignment Brief
Unit 26Business Law
Unit codeR/601/1145
QualificationHND in Business

 
Term Start date22/02/2016
Assignment/hand-out date29/02/2016
Deadline/hand-in date15/07/2016
 
Assignment titleAdvice from Citizens Advice Bureaux
Purpose of this assignment

Students should be able to carry out the tasks which have been given below to show evidence of understanding the legal rules relating to Sale of Goods in L01, Consumer credit and Agency L02, Competition Law L03 and Intellectual Property L04
Task 1: REPORT

Be able to apply the main principles affecting the legal relationship between business organisations and their consumers

CASE STUDY

Ben’s car was getting too old so he decided to get a newer one at the beginning of the year so as to save on repair costs, which had increased a lot the previous year. One day after work, Ben checked out a popular Car Dealer’s magazine to see what cars were available within his budget. He was particularly keen about a car with the following description.

“Blue New Model Passat 1.8, full service history available, two years old and one owner only, 6 CD changers, original Alloyed wheels, driven for 18,500 miles only and used for school runs specifically, real good value for money, Car going for £10,000 only.”

The next day, Ben went to the Car Dealers who advertised the car to see if he could buy it. Upon arrival at the show room, Ben was informed by the sales person that the said car was at another showroom 80 miles away and could be brought over to Ben’s local showroom within the next forty eight hours, as long as Ben pays a non-refundable deposit of £150 to show his seriousness about the car. Ben thought the car was such a good bargain and did not want to miss the chance of getting it, so he decided to pay the deposit. When the car eventually arrived, Ben took it for a test drive and fell completely in love with the car and decided to purchase it straight away. Delivery plans were made with the Car Dealers and the car was eventually delivered to Ben’s home the next day after further servicing and cleaning.

During the first weekend of having their new car, Ben decided to take his family for an inter-city motorway cruise. However he quickly discovered while driving that whenever he was going uphill, the engine would slow down and no matter how hard he tried, the car did not go any faster. At a certain point, the car came to a standstill and would not move unless the engine was stopped and allowed to cool down from over-heating. Ben got very annoyed and decided to return the car after just five days when the problems persisted. While going through the car service history books, it became clear that the car had had two owners instead of one and the last owner had used it as a taxi-cab. More so, the speed was actually blocked at 18,500 miles and was not going any further. When Ben took the car back to the Car Dealers to return it, they refused to take it back, pointing to clause 9 of the Terms and conditions which Ben had been asked to sign and given a copy. The clause read as follows;

Clause 9

“We accept no responsibility what so ever for the description we have given about the cars and the quality of the cars. Buyers are responsible for making their own independent checks before buying.”

Ben is now seeking legal advice from the Citizens Advice Bureaux.
(LO1 AC 1.1, AC 1.2, AC 1.3 and AC 1.4)

Required

As a Trainee Legal Advisor in a Citizens’ Advice Bureaux, you have been handed Ben’s case by your supervisor and asked to write a report of approximately 1000 words about the legal rules relating to the case and the likelihood of Ben succeeding in case he decided to pursue the matter through the law courts.

In your report, you are expected to;

1.1 Analyse and advice Ben on the legal rules of implied terms relating to the sale of goods and supply of services

1.2 Analyse and advice Ben on the statutory provisions on the transfer of property and possession

1.3 Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods contracts

1.4 Analyse and advice on product liability legal rules and statutory provisions for faulty goods in case Ben was using the car and there was an accident in which a member of his family was injured as a result of the faulty car and such a family members wanted to make a claim.
 
Task 2: REPORT

Be able to apply the legal rules on consumer credit agreements and agency

 

CASE STUDY

Following from the case study in Task 1: In purchasing the car Ben had used his credit card but would like your advice on the various means legally available to a consumer like him to purchase a car and what rights he would have when dealing with creditors as a consumer seeking credit facilities. In the process of buying his car, he became interested in becoming a car dealer himself after having a chat with the Car Dealers. He is now considering becoming an agent selling second hand cars on behalf of persons and companies who wish to sell off used cars. To that end he would like your advice in these two areas relating to consumer credit and agency.
(LO 2 AC 2.1, AC 2.2, AC 2.3 and AC 2.4)

Required

Your supervisor at the Citizens’ Advice Bureaux has asked you to write a second report of approximately 1000 words on the legal rules relating to consumer credit and agency. In your report, you should;

 

2.1 Differentiate between types of credit agreements which Ben as a consumer could use to buy a car.

2.2 Analyse the legal rules on termination rights and default notices for Ben as a consumer in case he had problems in future paying the debts as required in the contract.

2.3 Analyse the general features of Agency and differentiate between the different types of agents.

2.4 Evaluate the rights and duties of an agent to assist Ben understand his position once he becomes an agent himself.
Task 3: PRESENTATION AND ESSAY

You are expected to show an understanding of the legal rules relating to monopolies, mergers and anti-competitive practices

 

 
(LO 3 AC3.1, AC3.2, AC3.3 and AC3.4)

Required

With the use of examples of past or ongoing cases relating to competition law, present before the class your findings relating to a business or businesses who may be involved in either monopolistic or anti-competitive practices in UK or within the EU. You are also expected to write a report of not more than 1000 words, in which you are expected to; 

 

3.1 Outline and explain the monopolies and anti-competitive practice legislation in the UK

3.2 Explain the role of the Competition Commission within the context of monopolies and anti-competitive practices and the UK Office of Fair Trading now merged in the Competition and Markets Authority in regulating Monopolies and Anti-competitive practices

3.3 Define dominant positions within the EU common market giving examples of such businesses

3.4 consider instances when under EU law, exemptions will be made to potentially anti-competitive practices.
Task 4 ESSAY

You are expected to show knowledge of the key provisions relating to intellectual property rights in this task.
(LO4 AC 4.1, AC 4.2, AC 4.3 and AC 4.4)

Required

You are required to carry out a research relating to intellectual property rights with use of practical examples of your choice and supportive legal materials like case laws, legislation and EU laws. Write an essay of approximately 1000 words on the following;

 

4.1 Identify and explain the different forms of intellectual property rights

4.2 Outline the principles relating to the protection of inventions through patent rights and legal rules preventing their infringement.

4.3 Describe the principles relating to copyright protection and the legal rules preventing their infringement.

4.4 Compare and contrast the protection of trademarks and business names giving practical examples.
Evidence Checklist
















































Criteria ReferenceTo achieve the criteria the evidence must show the learner have:Achieved?

(tick)
1.1apply the legal rules on implied terms relating to the sale of goods and supply of services 
1.2apply the statutory provisions on the transfer of property and possession 
1.3evaluate the statutory provisions on buyer’s and seller’s remedies 
1.4apply product liability statutory provisions 
2.1differentiate between types of credit agreements 
2.2apply rules, termination rights and default notices in a given scenario 
2.3differentiate between the different types of agent 
2.4evaluate the rights and duties of an agent 
3.1outline monopolies and anti-competitive practice legislation in the UK 
3.2explain the role of the Competition Commission within the context of monopolies and anti-competitive practices and the UK Office of Fair Trading 
3.3define dominant positions within the EU common market 
3.4consider the application of EU exemptions to potentially anti-competitive practices 
4.1identify differing forms of intellectual property 
4.2outline the principles relating to the protection of inventions through patent rights and their infringement in a given business scenario 
4.3compare and contrast the protection of trademarks and business names 
  1. Contextualisation Grid to achieve Higher Grade




























DescriptorsIndicative characteristicsContextualisation

 
Merit Description  
M1. Identify and apply strategies to find appropriate solutions.Effective judgments have been made.

An effective approach to study and research has been used.
To achieve M1, you will have to apply the relevant legal theories on implied terms of Sale of Goods and Termination rights in consumer credit especially in 1.1 and 2.2 respectively in the tasks. You will also have to exercise effective judgement especially in Tasks 1.3, 3.4 and 4.4. An effective approach to study and research should have been manifested in any of the tasks to achieve an M1 as well.
M2. Select/ design and apply appropriate methods/ techniques.A range of sources of information used.

Appropriate structure and approach has been used.
To achieve M2, you should show evidence of using a range of sources of legal information especially in to addressing tasks 2.1, 3.1, 3.2 and 3.3. An appropriate structure and approach to the tasks could also enable you achieve M2 in any of the 4 tasks.
M3. Present and communicate appropriate findings.Technical language accurately used.To achieve M3, you should show evidence of logical and coherent arguments particularly in 1.2, 1.3 and 2.4 in the respective tasks. You should also show evidence of accurate use of legal technical language particularly in 1.1, 1.2, 1.3, 1.4, 2.1, 2.3, 3.1, 3.3 and 4.1 in the tasks given.
Distinction Descriptors  
D1. Use critical reflection to evaluate own work and justify valid conclusion.Evaluation has taken place using defined criteria

The validity of results has been judged
To achieve D1, you will have to show evidence that evaluation of the key issues have taken place with justification for your conclusions as requested in the tasks particularly in 1.3, 2.4 and 3.2.
D2. Take responsibility for managing and organizing activities.Autonomy and independence has been demonstrated

 
To achieve D2, you will have to demonstrate autonomy and evidence of independent research across your assignment. You will have to work in accordance with all deadlines for all the tasks and achieve the unit assessment criteria as well as showing the interdependence of all the learning outcomes in the assignment.
D3. Demonstrate convergent, lateral and creative thinkingCapacity for innovation and creative thought has been used.

 
To achieve D3, you should show evidence of innovative thinking particularly in addressing task 3 and 4 which deals with ongoing issues in the area of Business law.

 

 
  1. Glossary of academic words used in this and other assignments



















































Account forGive reasons for: explain why something happens.
AnalyseExamine something in very close detail and from a number of angles. Identify the important points and chief features, and understand their relationships.
ArguePresent a case for and against a proposal or statement and present your own opinion at the end.
CompareShow how two or more things are similar.
ContrastLook at two or more things and draw out differences. State whether the differences are significant.
Critically evaluateWeigh arguments for and against something, assess the strength of evidence on both sides.
DefineGive the exact meaning of.
DescribeGive a detailed account of the main features or characteristics ...
DiscussWrite about the most important characteristics of something. Give arguments for and against, look at it from a variety of perspectives.
DistinguishIdentify the differences between two items.
EvaluateAssess the worth or usefulness of something. Use evidence to support your opinion.
ExamineLook at something in detail. You may be expected to 'critically evaluate' it as well.
ExplainMake it clear why something happens or why it is the way it is.
IdentifyRecognise name and briefly describe something.
IllustrateUse examples to further explain or justify something. Could be visual or verbal.
InterpretExplain the meaning or significance of information or data that you are presenting.
JustifyProvide evidence that supports an argument or idea.
OutlineGive only the main points, show only the main structure.
ProvePresent evidence in a logical structure to support an argument for a point of view.
Relate (Two meanings)1. Show how ideas / theories/ events etc are linked or connected.

2. Tell a story. Explain something in a narrative fashion.
ReviewSurvey and comment on the key aspects of something or a range of things.
StateGive the main features clearly and simply.
SummariseDraw out the main points, omitting detail and examples.
To what extent…How far is something true, or contributes to a final outcome. Also how far is it not true? In academic writing the answer is usually somewhere in the middle.
TraceDescribe the development of something; follow the order of different stages in an event or process.

Adapted from Cottrell.S.(2003) The Study Skills Handbook. Basingstoke. Palgrave.

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