BSQA510 – Introduction to Commercial Law
Module code
BSQA510
Module title
Introduction to Commercial Law
Prescription
Students will demonstrate knowledge of commercial law, to enable application of legal reasoning.
Programmes
- BS8906
- CO0107
NZQA Level
Level 5
NZQA Credits
20
Delivery method
- Web-Enhanced
Learning hours
- Directed hours
- 64
- Self directed hours
- 136
- Total learning hours
- 200
Resources required
- Learning Outcomes
- Learning outcome one
Students will explain core elements of the New Zealand legal system and apply section 5
(1) of the Interpretation Act to a legislative provision.
Key elements:
a) Nature and sources of New Zealand law:
law, ethics/morality and societal context
Treaty of Waitangi
New Zealand Constitution
classifications of Law.
b) Legislation:
parliamentary process
delegated legislation
apply section 5 (1) of the Interpretation Act 1999.
c) Courts, Common Law and Precedent:
overview of the role of courts and tribunals
doctrine of precedent within the hierarchy of courts
role of case law.
Learning outcome two
Students will apply the basic principles of the Tort of Negligence to a given situation.
Key elements:
a) Vicarious liability.
b) Either negligent action or negligent misstatement.
Learning outcome three
Students will apply the basic principles of the law of contract to given situation(s).
Key elements:
a) Creation of the contract:
intention to create legal relations
offer and acceptance
consideration.
b) Vitiation of the contract:
capacity of minors and companies
consent contractual misrepresentation and one of:
o undue influence
o unconscionable bargains
legality restraint of trade provisions.
c) Remedies:
cancellation (Contractual Remedies Act)
damages
debt recovery.
d) Interpretation of contractual terms for a given type of contract:
identification of parties and their main obligations
dispute resolution or termination clause
two other common clauses relevant to the type of contract.
Learning outcome four
Students will explain the basic principles of property law and apply relevant provisions of
the Sale of Goods Act to given situations.
Key elements:
a) Land:
title to land including indefeasibility
basic nature of a lease of land.
b) Current Sale of Goods Act:
provisions for the passing of property and risk
terms implied into contracts by the current Sale of Goods Act.
Learning outcome five
Students will apply basic principles of consumer law to given situations.
Key elements:
a) Fair Trading Act 1986:
misleading or deceptive conduct
false or misleading representations
remedies and penalties for breach.
b) Current Consumer Guarantees Act:
application
implied guarantees
remedies.
Learning outcome six
Students will demonstrate an awareness of an aspect of a legal topic affecting business in
a given situation.
Key elements:
a) One of the following topics:
employment law
privacy law
law of legal entities
ethics and the law
intellectual property or competition law
societal access to justice system
alternative dispute resolution
MMP in the commercial environment
business, the law and the Treaty of Waitangi
law of agency
any other current issue. - Content
- Students will demonstrate knowledge and skills in law relevant
to business.
