Module Code: H9CL
Long Title Company Law
Title Company Law
Module Level: LEVEL 9
EQF Level: 7
EHEA Level: Second Cycle
Credits: 5
Module Coordinator: Anne Cooper
Module Author: Andrea Del Campo Dugova
Departments: School of Business
Specifications of the qualifications and experience required of staff

The lecturer of this module is required to have a Level 9 qualification in Law or a cognate discipline, relevant industry experience, as well as a track record of teaching in a higher institution.   
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Evaluate the business and company law environment within which organisations operate
LO2 Identify and evaluate the benefits and limitations of incorporation.
LO3 Evaluate how companies are managed, administered and regulated.
LO4 Appraise the legal implications relating to insolvency law.
LO5 Develop a systematic understanding of employment law.
Dependencies
Module Recommendations

This is prior learning (or a practical skill) that is required before enrolment on this module. While the prior learning is expressed as named NCI module(s) it also allows for learning (in another module or modules) which is equivalent to the learning specified in the named module(s).
No recommendations listed
Co-requisite Modules
No Co-requisite modules listed
Entry requirements

There are no additional entry requirements for this module.  The programme entry requirements apply.  No pre-requisites or co-requisites apply.   
 

Module Content & Assessment

Indicative Content
Business Organisations
• Agency law – role, formation, authority, termination. • Sole traders – formation, liability. • Partners – formation, authority, liability, dissolution.
Company Formation
• Advantages and disadvantages of incorporation. • Types of Corporations. • Company formation. Corporate personality and disregarding separate legal personality.
Company Administration
• Types of Directors. • Duties of Directors and consequences of breach of duty. • Directors' indemnities. • Restriction and disqualification orders. • Removal. • Personal liability. • Other company officers - duties and liabilities.
Shares, Capital and Company Borrowing
• Shares and membership. • Meetings. • Transfers of Shares. • Maintenance of Capital. • Protection of Minorities. • Charges.
Insolvency
• Receivers - appointment, powers, duties, regulation and enforcement of duties. • Winding up - Court winding up, members winding up, creditors winding up, conduct of a winding up, realisation of assets, distribution, liquidators, contributories, committee of inspection, courts powers, offences by officers. • Examinership - appointment, powers and liability. • Fraudulent and criminal behaviour.
Employment Law
• Contracts for services and contracts of employment. • Statutory protection of employees. • Dismissal - wrongful, unfair dismissal, redundancy.
Irish Legal Framework
Distinction between civil and criminal law. Sources of Irish law – Constitution, primary and secondary legislation, common law and precedent, European Union Law, International Law, Resolving legal disputes – alternative methods, courts system. Introduction to the law of equity and trusts.
Contract and Commercial Law
Essential elements of a contract – offer, acceptance, consideration, intention to create legal relations. Formal requirements. Capacity to contract. Express and implied terms – traditional, electronic transactions. Express and implied terms – exemption clauses. Legislation regulating the content and formalities of contracts. Misrepresentation. Mistake. Duress, undue influence and unconscionable bargain. Illegal contracts. Discharge. Remedies for breach of contract. Commercial Law – aspects of landlord and tenant law, planning law, money laundering legislation. Insurance. Statutory protection of health and safety. Data Protection obligations.
Aspects of Tort Law
Nature of Tort actions and principles. Tort of negligence including professional negligence and liability. Breach of confidence. Defamation. Remedies and defences.
Assessment Breakdown%
Coursework30.00%
End of Module Assessment70.00%

Assessments

Blended

Coursework
Assessment Type: Continuous Assessment % of total: 30
Assessment Date: n/a Outcome addressed: 1,2
Non-Marked: No
Assessment Description:
Candidates are required to complete one in-class examination/problem scenario. This will be in the form of an in-class examination or an assignment and will be worth 30%.
End of Module Assessment
Assessment Type: Terminal Exam % of total: 70
Assessment Date: End-of-Semester Outcome addressed: 2,3,4,5
Non-Marked: No
Assessment Description:
Final Examination (70%) will be 3 hours in duration and will contain a compulsory consolidation question. Students must also answer 3 other questions.
No Workplace Assessment
Reassessment Requirement
Repeat examination
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.
Reassessment Description
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.

NCIRL reserves the right to alter the nature and timings of assessment

 

Module Workload

Module Target Workload Hours 0 Hours
Workload: Blended
Workload Type Workload Description Hours Frequency Average Weekly Learner Workload
Directed Learning Directed e-learning 36 Per Semester 3.00
Independent Learning Time Independent Learning 89 Per Semester 7.42
Total Weekly Contact Hours 3.00
 

Module Resources

Recommended Book Resources
  • Keenan A... (2012), Essentials of Irish Business Law, 6th Ed. Gill & McMillan, Dublin.
  • Callanan G... (2015), An Introduction to Irish Company Law, 4th Ed. Gill & MacMillan, Dublin.
Supplementary Book Resources
  • Faulkner M... (2018), Essentials of Irish Labour Law, 3rd Ed. Gill & McMillan, Dublin.
  • Hutchinson G. B... Keane on Company Law, 5th. Bloomsbury Professional, Dublin.
  • Courtney T.. (2016), The Law of Companies, Bloomsbury Professional, Dublin.
This module does not have any article/paper resources
Other Resources
  • [Website], As advised during class and provided by a link on moodle under each relevant topic.
Discussion Note: