QUSU06027 2019 Property and Company Law and Arbitration

Identify and assess the key features of a company, including the separate legal personality and limited liability thereof and prerequisites to the formation of a company in Irish law and demonstrate an understanding of the roles and functions of the various officers of a company.

Assess and analyse the key provisions of the Companies Act. Appreciate the difference between company liquidation, receivership and examinership and the rights of creditors within that process.

Demonstrate an understanding of the key legislative provisions relating to property law. 

Demonstrate an in-depth understanding of the fundementals of Arbitration

Formulate legal advice/opinion based on the thorough examination of the facts and the application of relevant legal concepts

This module will be delivered using blended learning techniques.

 This will include online lectures (via adobe connect or similar) and work based learning (where relevant) along with guest lectures and augmented by independent learning and directed learning.

 This approach is expected to address student learning needs.

 Moodle will be used to upload educational material (i.e. presentations and recordings of online lectures plus supplementary reading material and additional resources).

 Moodle will also be further used as a means of assessment, utilising online quizzes, for the uploading of assignments and reports.

 This multi‑faceted, blended approach of; lectures, workshops and online resources fosters collaborative student learning.

Module will be assessed using a combination of end of semester final exam (60%), continuous assessment and course work (40%).

Repeat Continuous Assessment and/or Final Exam.

 Company Law:

To include: What is a company, characteristics of a company, types of company, features of company,  incorporation and corporate personality of a company; financing a company, types of shares,  director responsibilities, duties and powers.  Shareholders rights, companies in crisis – liquidation, receivership and examinership. ODCE as a regulatory body in Irish company law.

• Property Law:

Landlord and Tenant Acts: Introduction; the creation of a lease; the termination of a lease – forfeiture and notice; covenants; rent review procedure, the right to a new tenancy; the purchase of fee simple; private rented dwellings;  licences; The Land Conveyancing Law Reform. Act 2009; The Statute of Frauds 1695 and 1735; The Family Home Protection Act, 1976; The Law of Agency: Creation of Agency; forms of agencies; duties of an agent; the relationship of agent to principal; the relationship of agent to third parties; legislation governing property and facility management professionals; Property Services Regulation Act 2011: Licences to provide property services; general obligations of licensees; client accounts and related matters; complaints and sanctions; continued professional development.

• Arbitration:

What is arbitration and arbitration agreements; Appointing an arbitrator, powers, duties and rights of an arbitrator; Advantages and disadvantages of arbitration; Processes involved in arbitration and issuing court proceeding; Judicial oversight of arbitration; Finality of arbitration

Enforcement of award; Challenge to the award; Power of the High Court to remit an award