This course in law emphasises the legal issues inherent in Irish business. The Module aims to provide an understanding of the legal framework within which a business operates.
Sources of Law
Outline of sources inc. constitution, legislation, judicial precedent, EU law including Human Rights laws. Criminal and civil law system court structure inc. commercial court
Contract
Formation. Capacity Terms and Exclusion Clauses. Vitiating Factors-mistake, misrepresentation, duress, undue influence. Discharge of contract. Remedies. Electronic contracts
Sale of Goods
Consumer law: Sale of Goods Acts, National Consumer Agency Implied Terms Transfer of possession and property.
Employment Contracts:
Contracts of service and for services. Duties of employer and employee. Main rights of employees: including unfair and wrongful dismissal, redundancy, remedies Health & Safety legislation
Agency:
Nature, creation, authority of agent, liabilities of agent & principle.
Company Law
Formation of a company: Characteristics of a company including separate personality, corporate veil, limited liability and other characteristics. Types. Formalities for forming a company: documentation, promoters role & duties, corporate names,
Share & Loan capital: capital, types of shares, prospectus, capital maintenance, share transfer, minority rights, debentures, capital maintenance, dividends
Company administration: Director types, appointment, removal, role, duties, breach of duties, removal, director transactions, powers, restriction and disqualification orders.. Other officers: company secretary appointment, duties role. Auditors, appointment duties, role, removal Company meetings, types, requirements, resolutions. Shareholders types, rights. Annual return requirements.
Insolvency: fixed & floating charges and priorities. Receivers, liquidators, examiners Governance: nature; legal and extra-legal regulations; fraudulent, insider trading, market abuse, money laundering, bribery, fraudulent & reckless trading
Data protection
Other business forms
Partnership and sole traders
Tort
Negligence: duty of care, defences, professional negligence Other Torts including passing off
Property law
As may apply to role of professional e.g. accountant Landlord and Tenant, Planning law
Companies Act 2014; Relevant European Union Legislation.
Lectures, Case-law and Class Discussion
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Formal Examination | 70 |
| Other Assessment(s) | 30 |