H9COMLAW - Commercial Law

Module Code: H9COMLAW
Long Title Commercial Law
Title Commercial Law
Module Level: LEVEL 9
EQF Level: 7
EHEA Level: Second Cycle
Credits: 5
Module Coordinator: AKARI DEVELOPER
Module Author: KAREN MURRAY
Departments: School of Business
Specifications of the qualifications and experience required of staff  
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Appreciate the evolving impact of domestic, European and international law on the Irish legal system.
LO2 Critically analyse the fundamentals of commercial law and differentiate its application in business to business, and business to consumer transactions.
LO3 Distinguish between and assess different methods of protecting property domestically and internationally in a commercial context.
LO4 Apply commercial law principles to solving legal problems and evaluate appropriate remedies and redress.
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  
 

Module Content & Assessment

Indicative Content
The Legal Framework
Legal Research The Irish Legal System and sources of Law; Common Law, Constitution, Legislation, European Union Law and International Law. Civil and Criminal Law. Commercial Actors (sole traders, partnerships, corporations). Commercial dispute resolution
Commercial Contracts
Differentiating duty of care and contractual obligations. Formation of contracts Terms Matters affecting a contracts validity Discharge of contracts and remedies Insurance
Commercial Contracts and Consumer Protection
Sales of goods and supply of services protection Regulation of advertisements, on-line selling, off and on premises selling – information and cancellation rights. Data Protection – obligations on the data controller, data subject rights, enforcement, redress, application in a commercial context including direct marketing rules.
Business Assets and IP
Introduction to Intellectual Property law and Exploitation - Licences and Assignments. Patent Law: Registration, International Protection, Duration, Infringements and Remedies. Copyright Law: Protected works, Duration, Rights, Infringement and Remedies. Trademark Law: Domestic. International Protection. Registration, Grounds for Refusal, Infringement and Redress. Design Protection Duty of Confidence: Scope of Protection, Remedies. Remedies in Tort
Assessment Breakdown%
Coursework30.00%
End of Module Assessment70.00%

Assessments

Full Time

Coursework
Assessment Type: Continuous Assessment (0200) % of total: 30
Assessment Date: n/a Outcome addressed: 1,2
Non-Marked: No
Assessment Description:
Students will be provided with a Multiple Choice Quiz comprised of approx. 30 questions (the duration will be decided by the lecturer and is dependent on the complexity and style of each question). Questions will be a mix of conventional multiple-choice questions: scenario-based multiple-choice questions, alternate choice, odd one out, incomplete scenarios (to identify gaps using multiple choice answers) and/or true-false questions. Alternatively, students will be given a problem style question to answer.
End of Module Assessment
Assessment Type: Terminal Exam % of total: 70
Assessment Date: End-of-Semester Outcome addressed: 1,2,3,4
Non-Marked: No
Assessment Description:
Timed constrained assessment (2.5 hour exam). Learners will be presented with an assessment requiring students to identify the relevant legal issues and analyse and apply appropriate commercial laws. The assessment questions will be in the form of a case study (or case studies), addressing all module learning outcomes. Students will be expected to present reasoned arguments, evaluate the legal problem by referring to commercial law concepts, assess liability, and propose solutions and/or make recommendations as appropriate. Students may undertake the assessment online or in a traditional exam setting.
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.

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

 

Module Workload

Module Target Workload Hours 0 Hours
Workload: Full Time
Workload Type Workload Description Hours Frequency Average Weekly Learner Workload
Lecture Delivered in block format 30 Per 15 week block 2.00
Independent Learning No Description 95 Per 15 week block 6.33
Total Weekly Contact Hours 2.00
Workload: Part Time
Workload Type Workload Description Hours Frequency Average Weekly Learner Workload
Lecture Delivered in block format 30 Per 15 week block 2.00
Independent Learning No Description 95 Per 15 week block 6.33
Total Weekly Contact Hours 2.00
 

Module Resources

Recommended Book Resources
  • Keenan A. (2021), Essentials of Irish Business Law, 7th. Boru Press, Dublin.
  • White F. (2020), Commercial and Economic Law in Ireland, Wolters Kluwer, The Netherlands.
Supplementary Book Resources
  • Forde M. (2020), Commerical Law, 4th. Bloomsbury Professional, Dublin.
  • Clark, Smyth and Hall. (2017), Intellectual Property Law in Ireland, Bloomsbury Professional., Dublin.
  • Kelleher D. and Murray K.. (2018), EU Data Protection Law, Bloomsbury Professional, Dublin.
This module does not have any article/paper resources
This module does not have any other resources
Discussion Note: The learning outcomes, indicative content, curriculum and reading list have been updated to ensure consistency with the module as validated. The 2022 version was in fact the older version. Assessment narrative improved.