Class hours: Thursdays, 09.00 – 13.00; Room 2B-B
Legal Environment of Business seeks to increase understanding of the most important legal issues affecting business. The course aims to provide undergraduate international business students with the rudiments of the methods of legal thinking. In addition, it teaches the basic principles of the legal framework in which international business takes place. Specific emphasis will be given to the business laws of the American and European Union where appropriate.
Practical application of these laws will be demonstrated by considering various real life cases. Students will be given ample opportunity to apply legal principles to fictitious case studies, thereby furthering their skills in legal reasoning.
Students will get familiar with various legal topics affecting the legal environment of business. As this course is addressed to business students, the course will start with an introduction to the law. Students will then be taught the law of obligations such as contract and tort law; as well as, company law, competition law, consumer protection, and International Sales of Goods covering the three legal systems above mentioned.
By the end of this course, the student should be familiar with some basic legal concepts, and will:
Topic I: Introduction to the Law
It is essential that students understand legal method through the main sources of law such as primary legislation and case law. In addition, we will look at the institutions responsible for shaping the law such as Parliament and the Courts.
Topic II: Company Law
Company law includes the field of law concerning companies and other business entities. The topic will cover all types of business entities such as Sole trader (proprietorship), Partnership, Limited Liability Partnership, Limited Liability Company, and Joint Stock Company. Legal principles and concepts in relation to company law such as the meaning of ‘separate legal personality’, ‘limited liability’ will be explained in detail.
Topic III: Competition Law
The Lisbon treaty ensures that free competition prevails in the common market. European Union Competition Law imposes on governments the obligation to prevent the distortion of competition by corporations in their respective Member States. Each Member State and Third State has Competition laws imposed. We will also discuss the role of National Competition Authorities.
Topic IV: Contract Law
The Law of Contract is one of the most important areas of law which business students must become familiar with. Every natural person, juridical person, or business entity enters into contracts. Contracts are widely used to govern a business relationship. Non-performance of the terms or a significant breach imposes legal obligations on the parties and economic consequences on the business entity.
Topic V: CISG (Sales of Goods)
The United Nations Conventions on the International Sale of Goods governs cross-border sales contracts between undertakings. As Albania is a signatory of this CISG, such provisions will increasingly be of importance in practise.
Topic VI: Consumer Protection
This topic covers the protection granted to individuals that are defined as consumers. Defining an individual as a consumer is not always easy. Students will learn to analyze the three essential elements making up a ‘consumer transaction’: 1) an individual who purchases or uses goods and services for his own private purposes; 2) a supplier who is acting in a business capacity; and 3) goods or services which must be intended for private use or consumption.
Topic VII: Tort Law
Torts are broadly classified into: Intentional torts and unintentional torts (torts involving negligence). This classification depends on how a tort occurs, i.e. intentionally or negligently and its surrounding circumstances are taken into account. The course will start with defining tort and explain the purpose of tort law. The law recognises various interests and protects them (protected interests). The purpose of tort law is to provide remedies for the invasion of various protected interests in civil law. This topic will touch upon those torts that mostly affect the business environment.
Attendance & Punctuality: Attendance in UNYT classes is mandatory. I will keep track of your attendance and punctuality every hour of class. Students are required to submit proper documentation to the Record’s Office to receive an excused absence. I will NOT excuse an absence; only the Record’s Office will excuse an absence. In addition, students should refrain from arriving late and should not leave early without prior approval from the professor (or the hour will be counted as an absence). If you miss class, it is your responsibility to contact me or your fellow students to find out what was discussed.
There will be two examinations, a mid-term and final exam. Further details of examinations will be provided in class.
Contract Law assignment
|Is the student required to pass ALL elements of assessment in order to pass the course?||No|
|Letter||%||Generally Accepted Meaning|
|50-1||Failing Grade (partial credit)|
|0||Non-Submission or Plagiarism|
The course will be delivered in four-hour meetings in a combination of lectures and workshops. Lectures will serve to introduce the students to a detailed examination of fundamental principles of the topic. Workshops will centre on fictitious case studies, whereby students are encouraged to apply the legal principles introduced in the lecture part of the meeting.
Conduct: Students are expected to behave with civility and appropriate etiquette toward faculty and one another. Please set your cell phones on silent ring before class begins and refrain from using them until class is over.
Learning Difficulties: If you feel that you have encountered special learning difficulties or serious problems that interfere with your studies, please make an appointment with the UNYT Counselor Enila Cenko at firstname.lastname@example.org.
There are various textbooks for this course. Specific instructions, including a list of mandatory and recommended readings, will be given to the students ahead of the meeting.
Keenan & Riches, Business Law, ninth Edition, Pearson Longman, 2009.
Jon Rush and Michael Ottley, Business Law, Thomson publishers, 2006
Alix adams, law for business students, pearson education, 3rd edn, 2003
PETER NAYLER, BUSINESS LAW IN THE GLOBAL MARKETPLACE (Oxford: Elsevier, 2006)
Twomey & Jennings, Business Law, Principles for Today’s Commercial Environment, Thomson, 2004