BACHELOR OF EDUCATION

SPECIALIZATION : BUSINESS STUDIES

COURSE NAME : BUSINESS LAW II
COURSE CODE : BE303SEB
NUMBER OF CREDITS : 3
NUMBER OF HOURS : 45 HOURS
PREREQUISITES : BUSINESS LAW I
COURSE DESCRIPTION
The study of Business Law II should enable students to develop an understanding of
aspects of commercial, property and a further understanding of contract law. This
understanding should enable them to become more sensitive to the legal implications of
certain business and domestic practices.

GENERAL LEARNING OUTCOMES:

This course will develop student teachers’ understanding of and response to:
1. The effects of vitiating factors on contractual agreements
2. The various ways in which a contract can be discharged
3. Contractual breach and its consequences
4. Remedies for breach of contract
5. Rights and responsibilities of seller and buyer under the Sales of Good Act
6. Remedies available to sellers and buyers for breach under the Sale of Good Act
7. Basic principles involved in property law.

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UNIT 1 : VITIATING FACTORS
NO OF HOURS: 6 HOURS
LEARNING OUTCOMES:
At the end of the unit, students should be able to:
1. State all the vitiating factors that affect a contract
2. Explain the effects of mistake on a contract
3. Discuss the different types of mistakes
4. Analyze cases that are affected by mistake
5. Discuss defense for mistakes
6. Explain the effects of misrepresentation on a contract
7. Discuss the different types of misrepresentation
8. Discuss the remedies for misrepresentation
9. Analyze cases that are affected by misrepresentation
10. Discuss the defense for misrepresentation
11. Distinguish between duress and undue influence
12. Analyze cases that are affected by duress and undue influence

COURSE CONTENT
1. Mistakes
2. Misrepresentation
3. Duress
4. Undue influence

UNIT 2 : DISCHARGE OF CONTRACT

NO OF HOURS: 6 HOURS
LEARNING OUTCOMES:
At the end of the unit, students should be able to:
1. Evaluate the various ways in which a contract can be discharged
2. Discuss the general rule of performance
3. Explain the exceptions to the general rule of performance
4. Explain how a contract can be discharged by agreement
5. Assess how frustration can discharge a contract
6. Discuss limits to the doctrine of frustration
7. Explain the impact of breach on a contract
8. Discuss the different types of breach
9. Analyze cases that are discharged by performance, agreement, frustration and
breach.

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COURSE CONTENT
1. General rule of performance
2. Exception to the rule of performance
a) Severable contracts
b) Acceptance of part performance
c) Prevention of performance
d) Substantial performance
e) Time of performance
3. Agreement
a) Bilateral agreement
b) Unilateral agreement
c) Novation
d) Condition subsequent
4. The Doctrine of frustration
a) Limits to the doctrine of frustration
b) The effects of frustration
5. Breach
a) Effects of breach
b) Affirmation of breach
c) Types of breach

UNIT 3 : BREACH OF CONTRACT AND REMEDIES

NO. OF HOURS: 6 HOURS
LEARNING OUTCOMES
At the end of this unit, students should be able to:
1. Explain what is a breach of contract
2. Discuss damages as a remedy for the breach of contract
3. Explain concepts such as remoteness of damage and measure of damages
4. Explain how loss can be mitigated
5. Discuss the equitable remedies that are available for breach of contract

COURSE CONTENT
1. Damages
a) Remoteness of damage
b) Measure of damages
c) Mitigation
d) Liquidated damages
2. Equitable remedies
a) Specific performance
b) Injunction
c) Recession
d) Rectification

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TEACHERS COLLEGES OF JAMAICA
UNIT 4 : CONTRACT FOR THE SALE OF GOODS
NO. OF HOURS: 9
LEARNING OUTCOMES
At the end of this unit, students should
1. Define contract for the sale of goods
2. Explain the meaning of goods
3. Distinguish between contract for sale and hire purchase
4. Critically assess the general principles of law of contract as they apply to the sales
of good
5. Discuss conditions and warranties as they relate to contract for the sales of goods
6. Explain the implied terms under the sales of goods Act
7. Discuss the buyers rights under the Sale of Goods Act
8. Discuss the sellers right under the Sale of Goods Act
9. Explain the remedies available to both buyers and sellers under the Act

COURSE CONTENT
1. Definition: Contract for the sale of goods
2. Meaning of goods
3. Contract for sale and related transaction
4. The contract of sale-conditions and warranties
5. Terms implied by the Sale of Goods Act
a) Time
b) Title
c) Sale by description
d) Implied conditions as to fitness
e) Merchantable quality
f) Sale by sample
6. Performance of the contract generally
a) Delivery
b) Acceptance of the good
7. Remedies to the seller
8. Remedies to the buyer

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UNIT 5 : AGENCY
NO. OF HOURS: 9 HOURS
LEARNING OUTCOMES
At the end of this unit, students should be able to:
1. Define principal-agent relationship
2. Examine ways of creating an agency relationship
3. Discuss the duties of both parties under an agency agreement
4. Discuss the methods of terminating an agency

COURSE CONTENT:
1. Definition
2. Creation of agency relationship
3. Parties in an agency relationship
4. Duties of parties
5. Termination

UNIT 6 : PROPERTY LAW

NO OF HOURS: 6 HOURS
LEARNING OUTCOMES
At the end of this unit students should be able to:
1. Distinguish between real property and personal property
2. Differentiate between the different interest in land
3. Apply the legal principles relating to the acquisition of interest in real property
4. Distinguish between ownership and possession of real property

COURSE CONTENT
1. What is property
2. Real property and personal property
3. Interest in land:
a) Lessor and lessee
b) Tenures and estates
c) Future interest
d) Settled land and trusts for the sale and co-ownership
4. Transfer of interest
a) Sale and purchase of land
b) Obligation of vendor and purchaser
c) Equitable and legal interest
5. Ownership, possession and choses in action
a) Holder in Due Course
b) Accommodation Party

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ASSESSMENT STRATEGIES

End of semester examination 50%

Course work: 50%
 Project - oral and written 15%
 Research paper 20%
 In-class test 10%
 reflective journal 5%

Suggested Methods of Instruction:

 Lecture
 Discussion
 Analysis of case studies
 Presentation
 Guest Lectures
 Webquest
 Podcast
 Digital Story

RESOURCE MATERIALS

Recommended text
Abbot, K. R. , Pendlebury, N., K. Wardman (2007) Business Law. 8th ed.

Supplemental Readings
Keenan, D. Advanced Business Law (latest edition)

Dobson, P.& Schmittoff, C, M Charlesworth Business Law (latest edition)

Jentz, A. Gayland, Miller L. Roger, (2000) West’s Business Law (latest edition)

Kodilinye, Gilbert Commonwealth Caribbean Property Law (2nd Ed)

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