Module: BMA5114-20 Law for Business Enterprise

Level: 5

Credit Value: 20

Module Tutor: Steven Goulton

Module Tutor Contact Details: s.goulton@bathspa.ac.uk

1. Brief description and aims of module:

This module provides you with an introduction to the law of England & Wales and legal method and reasoning before exploring business organisations – including their creation, conclusion, operations and the powers and duties of those that run them – and the law of contract, before finishing with ‘white collar’ crimes related to business, including fraud, insider trading and money laundering.

With a good balance of focus between substantive subjects and lawyerly skills – many of which are shared by academics and so will enhance your performance in other modules – you will explore the law through a variety of methods, including practical, ‘real life’ exercises. You will also come to recognise how lawyers and businesses interact; and when, within business, lawyers are, and are not, required.

Studying in the birthplace of the Common Law legal system - England, this module is directly relevant to other jurisdictions with Common Law foundations (including Commonwealth countries, Hong Kong, north America, Australia, India and South Africa) but will cover concepts, themes and approaches found in most other countries, too, and so is of relevance to any and all student.

This module will provide the graduate with attributes such as:

1. Employable: equipped with the skills necessary to flourish in the global workplace, able to work in and lead teams;

2. Creative: able to innovate and solve problems by working across disciplines as professional or artistic practitioners;

3. Digitally literate: able to work at the interface of creativity and technology;

4. Critical thinkers: able to express their ideas in written and oral form, and possessing information literacy.

2.Outline syllabus

The module will cover the following substantive subjects:

• The nature of law; legal institutions; how disputes are resolved;

• Judicial precedent – doctrine and operation;

• Legislation and statutory interpretation;

• Legal method and legal reasoning;

• Types of business organisations, and their advantages and disadvantages;

• Sole traders and partnerships (non-corporates), and companies:  Creation, legal status, duties, powers and other matters;

• Contract law, and Consumer protection laws;

• ‘White collar’ crimes, for example fraud, insider trading and the manipulation of the stock market, bribery, forgery, embezzlement;

The module will also introduce and seek to develop the following legal skills:

• Legal argument, advocacy, debating and mooting;

• Reading and interpreting legal rules;

• Legal research and referencing;

• Problem-solving in legal contexts.

3.Teaching and learning activities

Contact time:  1x 2-hour lecture plus 1x 2-hour seminar every week.

Class activities might include discussion, analysis and student-led presentations on legal principles, cases and legislation; debates; and simulated court cases (‘moots’).  Wherever possible, we will explore and experience the law ‘in action’, either through guest speakers practicing in the law or through field trips to legal institutions.

Assessment Item 1:

• Assessment Type: Course Work

• Description: Legal Problem Solving Exercise 

• % Weighting: 50%

Assessment Item 2:

• Assessment Type: Exam

• Description: Exam (2 hours)

• % Weighting: 50%