Business and Commercial Law - Course Outline
Business and Commercial Law - Course Outline
Business and Commercial Law - Course Outline
(Knowledge Level)
(9th Batch)
Course
Institute
Level
: Postgraduate
Attendance Mode
: Internal
2. Program Management:
3. Course Teacher:
Contract and Agency: The Contract Act, 1872 (Act No. IX of 1930)
The Sale of Goods Act, 1930 (Act No. III of 1930)
The Partnership Act, 1932 (Act No. IX of 1932)
The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881)
The Bankruptcy Act, 1997 (Act No. X of 1997)
The Arbitration Act, 2001 (Act No. I of 2001)
Revision
Lecture Number/
Week
Lecture Topic/Schedule
Lecture 1: Topic 1
(date to be advised)
Lecture 1: Topic 2
Contract and Agency: The Contract Act, 1872 (Act No. IX of 1930)
(date to be advised)
Lecture 1: Topic 3
(date to be advised)
Lecture 1: Topic 4
(date to be advised)
Lecture 1: Topic 5
(date to be advised)
Lecture 1: Topic 5
(date to be advised)
Lecture 1: Topic 6
(date to be advised)
Lecture 1: Topic 7
(date to be advised)
Lecture 1: Topic 7
(date to be advised)
Lecture 1: Topic 8
(date to be advised)
(1) The Contract Act, 1872: Candidates should be able to demonstrate a detailed
understanding of contract law, knowing how to recognise formation, discharge and remedies for
breach of contact. They should also be able to define agency and apply basic laws of agency to case
scenarios given.
(b)
(c)
define Agency;
(d)
outline the nature of agency and decade the methods by which agency can be
created (by consent, by deed, by ratification, by necessity, by estoppel, by
partnership under the Partnership Act, 1932)
(e)
(f)
define apply and advise on the authority of an agent has to enter into contracts on
behalf of a principal, including express, implied and apparent authority; and that
given to partners under the Partnership Act, 1932; and
(g)
identify the legal position in a given straight forward scenario concerning agency,
applying the principles set out in learning outcomes (a) to (f) above.
(2).
The Sale of Goods Act, 1930: Candidates should be able to recognise the existence of a
contract of sale and demonstrate on understanding of the legal and commercial aspects of sale
contracts.
recognise when a legally binding contract of sale exists between two parties and
how a contract may be enforced;
(b)
identify the circumstances under which a contract of sale can be terminated and
possible remedies for breach of contract;
(c)
(d)
(3).
identify the legal position in a given scenario concerning sale of goods, applying
the principles set out in learning outcomes (a) to (c) above and the principles of
contract law.
The Partnership Act, 1932: Candidates should be able to recognise the existence of a
partnership and demonstrate an understanding of the legal and commercial aspects of partnership.
(d)
(4).
negotiable instrument and to explain the legal position relating to such an instrument, utilizing the
principles of contract law.
(b)
explain fully the commercial and legal effects of the following in regard to a
cheque terms of the creation acceptance and discharge of liability
endorsement
crossing
dishonour and penalties
bankers liability;
(c)
(d)
(e)
(5). The Bankruptcy Act 1997: Candidates should be able to demonstrate their
knowledge of the main provisions Bankruptcy Act, 1997.
In the assessment, candidates may be required to(a)
identify the nature and f unction of the bankruptcy court, plaints, receivership and
of adjudication; and
5
(b)
acts of bankruptcy
persons subject to bankruptcy proceedings
filing plaint
procedures and hearing
dismissal of plaint
order of adjudication and its effects
duties of debtors
exempted properties
creditors committee
discharge of bankrupt
fraudulent preference and its effects
nullification and protection of transaction
status of secured creditors
appointment of receiver
Official Receiver
powers functions and liabilities of receiver
management and disposal of estate
disqualification of undercharged bankrupt
appeals.
(6). The Arbitration Act, 2001: Candidates should be able to demonstrate their
knowledge of the main provisions of the Arbitration Act, 2001
In the assessment, candidates may be required to
(a)
(b)
(c)
Objective 1
Objective 2
Objective 3
A basic understanding of the important and philosophical aspects or areas of the laws and
other regulatory instruments governing Business and Commercial matters.
A critical evaluation of the way in which the regulatory instruments impacts on the
conduct of Business and Commercial issues.
An in-depth knowledge through research and analysis into a particular topic of relevance
to Business and Commercial laws.
9.
The teaching and learning strategies for this subject include a combination of lecturing, group discussion/case study,
model class test etc., on the topics relating to Business and Commercial laws to assist students to develop their
theoretical and practical understanding of the subject.
This subject is worth of 100 marks, which means you should be spending on average 10 hours per week reading subject
related materials. Students are expected to be prepared to contribute to each teaching session.
Be punctual and keep your mobile phone silent during the class hours
100% class attendance is mandatory to sit for the exam
Asking question is highly encouraged
Come to the classes on time.
Take notes and if you wish to ask any question in the class then raise your hand
Feel free to consult with the course teacher
Your cooperation is highly desired to run the class smoothly
10.1
The course includes about 18-20 lectures of one and half hours duration each. If
the regular class(s) cannot be held in scheduled time due to any extraneous
reasons, students will be expected to attend any class or classes in rescheduled
period.
Subject/Law
Weighting
indicative %
1.
40
2.
30
3.
30
Study Manual.
2.
3.
Organizations/Websites:
1.
2.
3.
4.
5.
6.
Ministry of Finance
Auditor and Comptroller General
ICAB
ICMAB
Bangladesh Bank
Other Relevant Organizations.
Government Publication
latest ed.
Government Publication
DLR publication
www.legislativediv
.gov.bd
Up-to-date full set
Government Publication
latest ed.
2007
The figures in the margin indicate full marks. Questions must be answered in English. Examiner will take account of the
quality of language and of the way in which the answers are presented. Different parts, if any, of the same question must
be answered in one place in order of sequence.]
Marks
1.
2.
What are the differences between Void Contract and Voidable Contract?
3.
10
4.
State various remedies available to the aggrieved party for a breach of contract.
10
5.
6.
7.
What are the implied conditions by operation of law in contracts for the Sale of
Goods?
8.
Describe the general rules as to delivery of goods in accordance with the Sale of
Goods Act, 1930.
9.
10. Describe the rules regarding rights of an outgoing Partner to carry on competing
business
11. What are the rules for a minor to become a partner in a firm? Discuss the rights
and responsibilities of a minor becoming a partner of a firm under Partnership
Act,1932.
12. How a negotiable instrument may be dishonored? What are the duties of a holder
of dishonored bill?
10
13. Who can refer dispute to arbitration? What matters can and what matters cannot
be referred to arbitration?
10
14. Point out the conditions for filling plaint by creditors and debtors.
10
10