BBSD521 – Introduction to Law

Module code

BBSD521

Module title

Introduction to Law

Prescription

The purpose of this module is to introduce the student to the New Zealand legal system and fundamental concepts of commercial law.

Programmes

BS0671
BS1054
BS1064

NZQA Level

Level 5

NZQA Credits

Delivery method

Web-Enhanced

Learning hours

Total learning hours: 150

Resources required

Learning Outcomes: 1. Understand a process for developing and refining ideas:
- Demonstrate an ability to distinguish relevant points from information presented
- Demonstrate an ability to critically analyse course material
- Show an ability to extend ideas
- Demonstrate an ability to present coherent arguments orally and in written form

2. Identify and describe basic legal concepts, structures and the development of the New Zealand legal system:
- Describe what law is and the nature of law
- Identify sources and categories of law

3. Identify and describe the structure of Government and Parliament, legislative processes and judicial structures:
- Identify and describe the significant sources of the New Zealand Constitution, including the Treaty of Waitangi and New Zealand Bill of Rights Act 1990
- Explain the rule of law
- Identify and describe the structure of Government and Parliament, and legislative processes
- Explain the notion of the legislative/parliamentary sovereignty.
- Explain the role of subordinate legislation
- Identify and apply the principles used to interpret statutes and regulations
- Describe judicial structures/hierarchy and explain the nature of judicial reasoning
- Explain the doctrine of precedent
- Explain the concepts of ratio decidendi and obiter dicta

4. Identify and apply basic contractual principles:
- Determine whether a valid contract has come into existence
- Identify the rights and responsibilities, liabilities and obligations of the parties
- Discuss vitiating factors which impact on the validity of contracts, e.g. misrepresentation, duress/undue influence, unconscionability
- Identify when a contract is discharged
- Determine the appropriate application of remedies arising from statute, common law and equity
- Describe the nature of specialised contracts

5. Identify and apply basic principles of the law of agency:

6. Identify and apply basic principles of liability arising from various tortuous situations and relationships:
- Identify and apply principles of liability for negligent actions/omissions and words
- Describe principles of liability for words including defamation and passing off

7. Describe legal concepts of property including real/personal property and ownership/possession:

8. Identify and apply aspects of legislation relevant to consumers and business including:
- Fair Trading Act 1986
- Sale of Goods Act 1908
- Consumer Guarantees Act 1993
- Privacy Act 1993
- Door to Door Sales Act 1967
- Layby Sales Act 1971
- Unsolicited Goods and Services Act 1975
Assessment Criteria: Candidates must achieve a minimum result of 40 in the final examination or nominated assessment/s of each module. They must also achieve a minimum C grade pass overall from all assessments to receive a passing grade for the module.
Content: Basic legal concepts and the development of the New Zealand legal system
-Definition
-Sources of law
-The development of the New Zealand legal system

The New Zealand Constitution
-Unwritten nature
-Sources
-The structure of Government and Parliament
-The legislative process
-Subordinate legislation
-Interpretation of legislation
-The courts and the judicial process
-Common Law and Equity
-The doctrine of precedent
-Ratio Decidendi and Obiter Dicta
Contract Law
-Essential elements
-Capacity of the parties
-Intention to create legal relations
-Offer and acceptance
-Formal requirements
-Consideration
-Vitiating elements
-Privity of contract
-Exclusion clauses
-Discharge of contract
-Remedies for breach of contract
Laws of Agency
-Creation
-Duties of agents and principals
-Authority of an agent
Introduction to the Law of Torts
-Definition and types of tort
-Negligent actions/omissions
-Negligent misstatements
-Defamation
-Passing Off
Basic Concepts of Property
-Categories of property
-Ownership and Possession
Sales of Goods/Services and Consumer Law
-Fair Trading Act 1986
-Misleading and deceptive conduct
-False or misleading representations
-Unfair practices
-Sale of Goods Act 1908
-Implied terms
-Transfer of ownership
-Nemo date rule and its exceptions
-Performance of the contract
-Remedies of an unpaid seller
-Rights of the seller and the buyer against the goods
-Consumer Guarantees Act 1993
-Guarantees concerning the supply of goods and services
-Remedies for the consumer
-Unsolicited Goods and Services Act 1975
-Door to Door Sales Act 1967
-Layby Sales Act 1971
-Privacy Act 1993
-Privacy Principles
-Enforcement
Teaching and Learning Strategy: Teaching will involve blended delivery methods incorporating theoretical and practical classes, face to face, lectures, tutorials, workshops, group activities, guest lecturers, field trips, role-play, video conferencing, and on-line delivery, as appropriate.
Learning and Teaching Resource: Required Text:
Hubbard, Thomas & VarnhamPrinciples of Law for New Zealand Business Students, Pearson, Latest Edition

CCH NZ Contract and Commercial Legislation, Latest Edition