business law course outline lecture 2014

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    WOMENS UNIVERSITY IN AFRICA

    FACULTY OF MANAGEMENT AND ENTREPRENUERIAL & IT

    GENERAL INFORMATION

    LECTURER & MODULE WRITER:

    Mr.George Murena Chinama,

    MBA-Finance, LLM in International Commercial Law, LLB (Hons)Law, IODZ ,ACIArb, HSE3

    CONTACT : +263-776689891 (Between 0900-1600 Wednesday to Friday only )EMAIL : [email protected]

    DEGREE: BSc ( Hons) Management and Entrepreneurial Development Studies:

    COURSE NAME: BUSINESS LAW

    COURSE: CODE BM223

    mailto:[email protected]:[email protected]:[email protected]:[email protected]
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    COURSE OVERVIEW

    The purpose of Business Law is to introduce students to the legal environment in

    which the business operates in Zimbabwe. Content will mainly support the legal

    implications of various business transactions practically, beginning from basicbackground knowledge of the Zimbabwean legal system. Students are only

    expected to understand sources of the law, court system and the civil procedure

    so far as it assists them in understanding the operation of the law to resolve

    business disputes. The course will be mainly made up of subjects that explain

    the formulation of legal relationships and business organisations such as the Law

    of Contract, Business Structures and Commercial Law.

    This course will be conducted in 6 Units of teaching while one is allocated for

    revision. Crucial dates and times will be announced throughout the semester.

    I. ASSUMPTION OF PRIOR LEARNING

    There is no prerequisite for this course.

    Students however, will be expected to:

    a) Be able to read and write English coherently

    b) Be able to use library resources

    c) Be able to use electronic resources

    d) Be able to learn independently

    e) Be responsible for the material in the assigned literature

    II. AIMS OF THE COURSE

    a) To provide students with a thorough understanding of the legal principles that

    affect business transactions

    b) To inform students of the legal duties imposed upon parties in business

    agreements generally and the consequences of breach

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    c) To empower students with basic skills to utilise the available legal avenues for

    resolution of business transactions disputes

    III. STUDENT LEARNING OUTCOMES/OBJECTIVES

    In essence the student should be able to:

    a) Understand and explain the basic legal principles of business contracts

    b) Understand and explain some of the key elements of the structure of business

    organisations in relation to relevant statutes

    c) Apply the knowledge acquired during the course to solve and hedge legal

    risks with regard to business transactions and disputes

    d) Demonstrate good business communication skills verbal and non-verbal in

    the business legal environment

    IV. TEACHING METHODS

    Lectures and tutorials/seminars will form the major teaching methods for this course.

    Students will also be exposed to practical exercises through precedent and statutes in

    class, individually and in groups. Students are responsible for their own additional notes

    as the Lectures will only offer brief guides.

    COURSE CONTENT

    UNIT 1: INTRODUCTION

    1.1 Introduction to the Zimbabwean Legal System

    1.2 Significance of the Law of Contract

    1.3 Significance of the Law of Agency

    1.4 Significance of Commercial Law

    1.5 Introduction to Business Structures

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    UNIT 2: BASIC PRINCIPLES OF LAW & THE ZIMBABWEAN LEGAL SYSTEM

    2.1 Basic Principles of Law

    2.2 Sources of Law

    2.3 Divisions of the Law

    2.4 Zimbabwean court Structure

    2.5 Basic Civil Procedure

    2.6 Basics of Alternative Dispute Resolution

    UNIT 3 : THE LAW OF CONTRACT

    3.1 Definition of Contract

    3.2 Essential elements of a contract

    3.2 Establishment of Contractual Obligations

    3.4 Basic Terms of a Contract

    3.5 Breach of Contract

    3.6 Remedies of Breach

    UNIT 4 THE LAW OF AGENCY

    4.1 Definition of Agency

    4.2 Formation of the Agency Contract

    4.3 Duties of Agent

    4.4 Types of Agents

    4.5 Rights and Duties of Principal

    4.5 Agency and Third Parties

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    4.6 Termination of Agency Agreements

    UNIT 5 COMMERCIAL LAW

    5.1.General overview of the course in mercantile law and its relationship to other

    branches of the law.

    5.2 The contract of sale.

    5.3 Special sales - Auctions, FOB, CIF, FOR. Lay byes, installment sales, Hire

    Purchase sales.

    5.4 The Concept of Risk.

    5.5 The Law of carriages of goods in Zimbabwe.

    UNIT 6 BUSINESS STRUCTURES

    6.1 Types of business organizations

    6.2 Statutory provisions and registration requirements

    6.3 Important Provisions of the Companies Act and the Private Business

    Corporations Act

    6.4 Advantages and Disadvantages of business structures

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    UNIT 7 REVISION & END OF SEMESTER EXAMINATION

    7.1 Group discussions

    7.2 Clarification lecture

    7.3 End of Semester Examination

    8.ASSESSMENT

    This course will assess students understanding of the course through the methods

    and allocation as shown below:

    2 Assignments and Final Examination

    a) .All assignments and examinations must be submitted in order to complete

    the course successfully

    b) No cheating or plagiarism will be tolerated

    9. Program of Study

    a) Lectures will be presented by the lecturer on various aspects of the legal

    environment of business

    b) Study assignments will be made from the texts

    c) Students are expected to read, study and be responsible for the material in

    the assigned literature

    d) Reading may be supplemented by recent articles appearing in current

    business magazines, publications and questions

    e) Discussions questions will be assigned, will be assigned to students for

    group presentations i. Each group will do one discussion question ;discuss(orally)

    its question and all groups will submit written answers to the

    questions

    ii. How it works;

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    a. the class will be divided into study groups

    b. each group will make a presentation ranging

    from 5-10 minutes of the summary of its

    answers to the assigned topic

    c. each study group will submit written answers to

    the assigned topic to lecturer

    RESOURCES

    BOOKS

    1. Christie R. H, (1998), Business law in Zimbabwe , 3rd edition, Lansdowne; Juta2. Christie,R.H,(2002), The Law of Contract in South Africa , 3 rd edition, Durban;

    Butterworths

    3. Chizikani A.R, (2010), Commercial Law in Zimbabwe , Harare; Word and Image

    Publishers

    4. Farlam and Hathaway,(1988) Contract cases, materials and commentary , 3 rd edition,Johannesburg; Juta and Co. Ltd,

    5. Havenga P., et al, (2010), General principles of commercial law , 7 th edition,

    Claremont; Juta & Company6. Grogan J (1999), Workplace law , 4th edition, Kenywn; Juta and Company Ltd

    STATUTES

    1. The Companies Act [Chapter 24:03]

    2. The Consumer Contracts Act [Chapter 8:03]

    3. The Hire purchase Act [Chapter 14:09]

    4. The Private Business Corporations Act [Chapter 24:11]