Business law is designed to introduce learners to key components of the law as applicable in the business environment.
Indicative syllabus covered in the module and / or in its discrete elements:
Sources of Law
outline of sources and development of Irish Law including:
court structure, civil and criminal law, role of commercial court, legislation (rules, presumptions), case law (stare decisis), EU law. Human Rights law (including European Convention of Human Rights)
Contract
Formation: offer and acceptance, intention to create legal relations, consideration
Form of contract
Capacity to contract
Terms and Exclusion Clauses: express terms, implied terms, exclusion clauses, importance and relative effects of contractual terms
Electronic contracts
Validity: mistake, misrepresentation, duress, undue influence
Discharge: discharge by performance, agreement, breach, discharge by frustration
Remedies: damages, equitable remedies.
Consumer Law
Sale of Goods Acts
National Consumer Agency
Data Protection
Employment Law
contracts of service and contracts for services
terms of employment contracts
unfair and wrongful dismissal
redundancy
remedies for employees
Health & Safety law
legislation relevant to the accounting profession
Agency Law
Nature, creation, authority of agent, liability of agent and principle. Relationship between the principal and agent, agent and third party
Partnership & Sole Trader Law
Company Law
Formation. The nature of a company including limited liability & veil of incorporation and other consequences Naming, Types of company, Establishment of and documentation, role & duty of company promoters, Company registrations and records, Capital and Financing.
Share capital: Types, Issue and transfer of shares, Prospectus, Purchase & redemption of shares, Changes to capital (capital maintenance rules and distribution), dividends
Loan Capital: Borrowing powers, Types of debentures, their creation & holders rights, Company charges (fixed, floating, registration), remedies of loan holders
Insolvency: liquidation, receivership, examiner ship, rights of employees and creditors
Management and Administration
Directors: Appointment & Dismissal, Types, Powers & Duties, Disclosure Requirements, Breach of Duties, Restriction & Disqualification Orders. Contractual Capacity, Shareholders Remedies, Board Meetings, Annual Returns
Other Officers: Chairperson. Company secretary: appointment, role, duties. Auditors: appointment, role, duties, removal
Company Meetings Meetings (types and procedures), Resolutions, Transfer of shares, Shareholder Remedies, Minority Protection
Governance & Ethics
Corporate Governance: extra-legal, legal requirements
Fraudulent and Criminal: insider dealing, market abuse, money laundering, corruption & bribery, fraudulent & reckless trading
Tort
Nature & Defences
Negligence: Duty of care, causality, remoteness of damages, professional negligence
Other Torts: Passing Off Remedies
Property Law
as may apply to role of accountant : Landlord and Tenant, Planning Law
Industry Specific Law
Create awareness of specific industry specific legislation Understanding of regulation of accounting e.g. IAASA, CARB
Learners will be exposed to formal lectures and will also engage in class discussions. The application of the concepts and development of critical abilities will be achieved by case analysis. Learner will receive feedback on their CA assessments so that they can learn where/how they have outperformed/underperformed.
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Formal Examination | 80 |
| Other Assessment(s) | 20 |