LAW06097 2022 Business Law

General Details

Full Title
Business Law
Transcript Title
Business Law
Code
LAW06097
Attendance
N/A %
Subject Area
LAW - Law
Department
MKTS - Marketing, Tourism & Sport
Level
06 - NFQ Level 6
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
2022 - Full Academic Year 2022-23
End Term
9999 - The End of Time
Author(s)
Tomas O Flaherty, Kerry Dolan, Aileen Brennan, Ruth Walsh
Programme Membership
SG_BSPOR_H08 202200 Bachelor of Business (Honours) in Sport with Business SG_BAPPL_B07 202200 Bachelor of Business in Applied Sport with Business
Description

The objective of this module is to give the student a broad overview of the structure of the Irish legal system and how it operates. An introduction will also be given to the European legal system. The student will be provided with an understanding of the basic principles of contract law and tort law which are essential in the commercial and sporting environment. It is intended that this module will create an awareness of where legal expertise may need to be sought.

Learning Outcomes

On completion of this module the learner will/should be able to;

1.

Describe the system of administration of justice in Ireland in relation to civil and criminal law, identifying the sources of law and their relative positions of authority within that system;

2.

Explore the composition and jurisdiction of the Irish court system including judicial independence and the significance of precedent;

3.

Apply the fundamental principles of contract law and tort law to facilitate informed decisions in the commercial and/or sport environments;

4.

Evaluate the role played by ADR in settling disputes/sports related disputes;

5.

 Discuss the legal issues associated with 'doping'.

6.

Demonstrate the ability to cooperate and work effectively with peers.

Teaching and Learning Strategies

The teaching and learning strategy is one which is founded on student-centered active learning. This module will be delivered by a mixture of face to face, online delivery and tutorial support as appropriate.  A range of Computer-Aided Learning (CALL) packages are available to support this module (e.g. Moodle, Teams, Panopto). 

Discussion, communication and team working skills will be nurtured throughout the module, where students will have space and the support to articulate and present on their ideas within the learning environment.

Module Assessment Strategies

This module will be assessed by Continuous Assessment (30%) which may vary from a case study, presentation, moodle quiz, other, during the semester and by an end of semester exam (70%).

Students will also have the opportunity to reflect on their learning progress throughout the semester through formative assessments such as in-class discussions, polls and quizzes.

Repeat Assessments

Repeat Continuous Assessment and/or Final Exam.

Module Dependencies

Prerequisites
None.
Co-requisites
None.
Incompatibles
None.

Indicative Syllabus

1.     Introduction to the Irish and European legal systems (LO 1 & 2)

  • Civil and Criminal law.
  • Sources of law.
  • The importance of European Union law in relation to our legal system.
  • Personnel of the law and the Irish court system.

2.     The fundamental principles of contract law (LO 3)

  • Identifying and interpreting contracts.
  • Exemption clauses and contracts in restraint of trade.
  • Contract clauses, discharge and remedies.
  • Sponsorship agreements.

3.     The fundamental principles of tort law (LO 3 & 6)

  • Describe the basic principles of the law of negligence.
  • Distinguish between topics including vicarious liability, employer's liability, public liability.
  • The defences that may be used to defend an action in negligence and the remedies available.
  • Civil liability in sport.

4.    Alternative methods of Dispute Resolution (LO 4)

  • Arbitration
  • Mediation and Conciliation
  • Court of Arbitration for Sport

5.     Regulation/Compliance (LO 5 & 6)

  • Regulatory obligation and compliance
  • Doping regulation and compliance

Coursework & Assessment Breakdown

Coursework & Continuous Assessment
40 %
End of Semester / Year Formal Exam
60 %

Coursework Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Moodle Quiz Coursework Assessment Closed Book Exam 20 % Week 5 1,2
2 Quiz, Case Study, Written Report, Presentation, Other Coursework Assessment Assessment 20 % Week 11 1,2,3,6
3 Weekly activities in class such as question and answer sessions, class discussion, case studies etc. Formative Assessment - % OnGoing 1,2,3,4,5,6

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Final Exam Final Exam Closed Book Exam 60 % End of Term 1,2,3,4,5
             
             

Full Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Tiered Classroom In class instruction. 4 Weekly 4.00
Independent Learning UNKNOWN Self study 3 Weekly 3.00
Total Full Time Average Weekly Learner Contact Time 4.00 Hours

Required & Recommended Book List

Required Reading
2015 An Introduction to Business Law
ISBN 1910374334 ISBN-13 9781910374337

Recommended Reading
2021 Essentials of Irish Business Law
ISBN 1916019986 ISBN-13 9781916019980
Recommended Reading
2010-10-26 Modern Sports Law Hart Publishing
ISBN 1841136859 ISBN-13 9781841136851

The aim of this book is to provide an account of how the law influences the operation, administration and playing of modern sports. Although the book focuses on legal doctrine it has been written bearing in mind sport's historical, cultural, social and economic context, including the drama and colour of sport's major events and leading personalities. And although it is inevitably very much concerned with elite professional sports it is not dominated by them, and seeks to cover the widest possible range of sports, professional and amateur. Initially, the book addresses practical issues such as the structures of national and international sport, and examines the evolution of the body of law known as 'sports law'. Thereafter three main themes are identified: regulatory; participatory; and financial aspects of modern sport. The regulatory theme is dealt with in chapters considering the manner in which decisions of sports governing bodies may be challenged in the ordinary courts and the development of alternative dispute resolution mechanisms in sport. The participatory theme includes the legal regulation of doping and violence in sport, as well as the broader topic of tortious liability for sporting injuries. The financial theme, reflecting the enhanced commercialisation of sport at all levels, is developed in chapters concerning issues in applied contract and employment law for players and legal matters surrounding the organisation of major sports events. The conclusion summarises modern sport's experience of EU law, pointing the way to the future direction of sports law more generally. While the book is aimed primarily at students, and is designed to cover fundamental and topical areas of sports law (sports law in general; sports bodies and the courts; arbitration in sport; corruption; doping; violence; civil liability; discrimination; the commodification of modern sport; and the likely future of sports law), it should also prove of wider interest to practitioners, sports administrators and governing bodies; and though focused primarily on UK law it will also appeal to readers in Australia, Canada, New Zealand and the USA.

Recommended Reading
2019-08 Sport and the Law 2nd Edition Clarus Press
ISBN 1911611194 ISBN-13 9781911611196

Social and economic rights encompass the essential elements required for a human being to exist. They include the right to food, water, shelter, emergency medical care, housing and social assistance. However, these rights are primarily seen as being subordinate to civil and political rights. Social and Economic Rights in Ireland focuses on Ireland's protection and vindication of these rights providing a detailed examination of the law in this area, both domestically and under the State's international obligations. With this focus in mind, the following international treaties are analysed: The European Social Charter; The Charter of Fundamental Rights of the European Union; The International Covenant on Economic Social and Cultural Rights and the European Convention on Human Rights. Their impact is critically examined in order to assess whether Ireland is in compliance with its international obligations. Social and Economic Rights in Ireland provides a detailed and critical analysis of the law and policy in relation to social and economic rights. [Subject: Irish Law, International Law, Constitutional Law]

Module Resources

Non ISBN Literary Resources
Updated Literary Resources
Journal Resources

Law Society Gazette

Bar Review

Irish Law Times

URL Resources

Various legal, government and European websites such as:

www.irishstatuebook.ie

www.oireachtas.ie

www.courts.ie

www.dppireland.ie  

www.europa.eu

www.injuriesboard.ie

www.bailii.org

www.irlii.org

www.wrc.ie

www.decisis.ie

www.sportireland.ie;

www.tas-cas.org.

Other Resources
Additional Information