ACCY5105 – Commercial Law
Module code
ACCY5105
Module title
Commercial Law
Prescription
The aim of this course is to enable learners to understand the legal system and creation and interpretation of law and to apply knowledge and the skills of finding and applying law to a range of situations.
Programmes
- BI1401
- BS7000
- TP4775
NZQA Level
Level 5
NZQA Credits
15
Delivery method
- Web-Supported
Learning hours
- Total learning hours
- 150
Resources required
- Learning Outcomes
- 1. Explain the system of government and the creation and interpretation of laws in Aotearoa New Zealand.
2. Explain and apply law for the formation, (including by agency), operation, and enforcement of contracts in Aotearoa New Zealand, and the effects of regulation to promote fair business practices, competition and to protect consumers.
3. Apply the law of negligence to given situations.
4. Explain the principles of ownership of real and personal property, and analyse risk associated with the transfer of ownership in given situations. - Content
- LO1
• The Aotearoa New Zealand legal system and Interpretation of law
o Aotearoa New Zealand constitution
o election of government and the electoral system
o legislative process
o delegated legislation
o separation of powers
o Te Tiriti o Waitangi/Treaty of Waitangi
o parliamentary supremacy
o the role and hierarchy of the courts
o interpretation of legislation.
o precedent
o differences between criminal and civil law and proceedings
o access to the courts and barriers to justice
o application areas
- criminal Law
- law of Privacy
- regulation of a range of given situations eg employment, sales of regulated products and services, Health and safety,
LO2
• Formation of contracts – essential elements
• Variation of contracts
• Vitiating elements
• Enforcement, breach, and remedies
• Contracts formed by agents including actual and apparent authority
• Fair Trading Act
• Consumer Guarantees Act
• Contract and Commercial Law Acts
• Commerce Act and Commerce Commission
LO3
• The tort of negligence
• The tort of negligent misstatement
• Vicarious liability and employee liability for negligence
• Contributory negligence
• Remedies
• General defences
LO4
• Property
o real and personal property distinguished
o ownership and possession
o land ownership system and principles
o Maaori land ownership
o contract requirements for the sale of land
o transfer of ownership of personal property
o leases and licenses in real and personal property.
o passing of property, retention of title.
o basic principles of securities on land and personal property
o searching registration systems and protection of creditors
o risk mitigation options -contracts and insurance - Teaching and Learning Strategy
- All learning and teaching activities as described in the approved programme and delivery documents are enabled for this course unless specified.
- Basic of Assessment
- Assessment in this course employs an achievement-based grading scheme. Learners will be advised of all matters relating to summative assessment prior to the start of the course.
- Assessment Criteria
- The portfolio is comprised of multiple components. Learners need to provide sufficient evidence against all learning outcomes and gain an overall mark of at least 50% in order to pass this module.
A minimum of 50% of the portfolio assessment activities will be controlled (supervised/observed) - Learning and Teaching Resource
- All required and recommended resource are provided to learners via course outlines.
