Course Outline

Course: Business Law LAW 205

Class Code

Faculty: Barrister Shayaan Abdul Shakoor Essa

Credit Hours: 3 Credit Hours

Email sasessa@iba.edu.pk

Course Description

This introductory course explores core legal concepts associated with Pakistani business law. By
introducing students to Pakistan’s legal system, this course challenges students to question, analyze
and apply the law to practical scenarios.

The scope of our discussions will extend well beyond black letter laws. Through practical examples,
simulations and class discussions, students will learn to appreciate laws and legal processes on a
dynamic and evolving spectrum.

Our holistic study of laws across principal commonwealth jurisdictions and multiple study areas will
enable students to better engage with debates on core Business Law issues. Through adopting a
nuanced and multidimensional approach to the study of Business Law, this course will challenge
students to think independently, devise creative solutions and express their ideas coherently.

Principally, this course will explore a cross section of issues from Pakistani Constitutional Law, Tort
Law, Contract Law, Partnership Law, Labour Law and other relevant legal fields. For the most part, this
course will focus on the formation, execution and termination of commercial contracts. In so doing,
students will be expected to critically engage with legal issues affecting businesses.

Course Objectives

 Develop awareness of legal concepts involved in business transactions

 Ensure effective use of precise legal terminology
 Explore the functioning of Pakistan’s legal system
 Improve problem solving and creative thinking skills
 Understand the main rights and duties of natural persons involved in simple commercial contracts
 Course Learning Outcomes

Knowledge Outcomes
 Understand core legal theory and Pakistan’s legal system
 Note the distinction between different legal systems and classifications of law
 Discuss and debate the distribution of power and law-making authority within Pakistan
 Evaluate basic rights and liabilities involved in situations involving civil wrongs
 Distinguish between valid and invalid contracts
 Comprehend the basis of contract formation as well as rights and obligations of parties involved
 Describe the consequences of breaching a contract
 Appreciate the nature of international contract law and contractual obligations in other
commonwealth jurisdictions
 Discuss basic partnership law

Skills/Abilities Outcomes
 Developing core critical thinking and writing skills
 Learning to write grammatically sound and legally precise sentences
 Improving problem solving skills through assessments based on legal issues arising in everyday
scenarios
 Honing verbal communication skills through participating in class activities, simulations and
interactive sessions
 Fine-tuning written communication skills through answering problem questions and opinion essays
 Appreciating different points of view on contentious legal, social, moral and business issues
 Evaluating grey areas of the law, critiquing clear legal areas and making reform suggestions
 Approaching complex legal problems with clear logic and coherence
 Paying attention to detail
 Developing tolerance for different points of view on complex legal questions pertaining to Pakistani
businesses

Teaching and Learning Methodology

The LMS software shall be used to share reading material with the students. Materials used for this
course will be a combination of:
- Slides
- In-Class Assignments
- Readings (online and Embedded in Slides)
- Presentations/Debates – both formal and informal
- Exams
- Self-Study

1
 Class Sessions
(Tentative and subject to change at the instructor’s discretion
Some topics may take more than one session to complete)

Sessions 1 and 2: Reading:

Introduction, Legal Classification and Sources Soomro, Chapter 1
Constitution Handouts 1 and 2
Power to make laws
Types of Legislation: Statutory and Delegated legislation
Legal Classification
Substantive Law and Procedural Law
Common Law Legal Tradition and Civil Law Legal tradition
Public and Private Law
Law and Social Change

Session 3
The Court System – traversing the formal and informal
Reading:
Distinction between Civil and Criminal Law
Hierarchy of Pakistani Courts Soomro, Chapter 1
Discussion on Roles and Functions of the District Courts, Special Handouts 1 and 2
Courts, High Courts, Federal Shariat Court and Supreme Court
Role and Functions of Pakistani Judiciary
Alternate Dispute Resolution, Formal and Informal Law, jirgas and
panchayats
Doctrine of Separation of Powers
Judicial Activism, Supreme Judicial Council and Guarding the
Guardians

Class Activity: Debate

This House believes that the common man should make the Law

Class Activity:
Honour Council Election
Reading:
Compiler 1
Sessions 4, 5, 6 and 7 Assigned articles and
Law of Torts textbook readings
Definition and Origins
Categories of Torts:
Negligence Torts and related case law
Intentional Torts – assault, defamation, battery, etc
Strict Liability Torts – Employer’s Vicarious Liability, Keepers
Liability for Animals, Occupiers Liability, Road Traffic Accidents,
Statutory Torts and Economic Torts
Consumer Protection and Product Liability Torts
McDonalds Case Study

2
 Class Activity: Debate
This House believes that Strict Liability is Unfair

Assignment 1:
Is the Law worth the paper it is written on?

Case Note

Reading:
Session 8 Soomro Textbook
Introduction to Contracts: Essential Elements Cheema Textbook
Essential Elements of a Valid Contract Compiler
Definition Cases
Promises and Agreements
Elements:
Offer and Acceptance, Lawful Consideration, Certainty of
Terms, Capacity of Parties, Intent to Create Legal Relations,
Free Consent, Lawful Object, Writing and Registration,
Possibility of Performance, etc
Related Matters

Sessions 9 and 10 Reading:

Types and Classification of Contract Cheema
Enforceability: Soomro
Valid, Void or Voidable Contracts, Compiler
Unenforceable and Illegal agreements
Cases
Void Agreements, Quasi and Contingent Contracts and relevant
details
Formation: Express or Implied Contract
Performance: Executed and Executory Contracts, Unilateral and
Bilateral Contracts

Session 11
Contract Essentials in detail: Offer and Acceptance
Reading:
Offers and invitations to offer
Essentials of a valid offer Cheema
Revocation of an offer Soomro
Acceptance, essentials of a valid acceptance Compiler
Unilateral contracts Cases
Contract formation and revocation time Contract Act 1872
Cases

Session 12
Consideration and its Object Reading:
Definition Cheema
Essentials of valid consideration Soomro
Lawful or unlawful object Compiler
Acceptance of consideration Cases
Cases

MIDTERM

3
Sessions 13, 14 and 15
Capacity of Parties Reading:
Definition
Cheema
Capacity in civil and criminal law, with a brief look at recent juvenile
murder cases Soomro
Capacity compared: UK, US and Pakistani law in perspective Compiler
Cloak of Legal Protection: “minors, lunatics, drunkards and Contract Act 1872
pardanasheens” English, American and
Minors, necessities and exceptions Pakistani case notes
“Lunatics,” mental health, appropriate labeling, contracts, online
contracts, cross border contracts, criminal law perspective, US
and UK Law compared with Pakistani Law
“Pardanasheens,” “drunkards,”and regional comparison

Disqualified persons
Contracts with alien enemies

Class Activity: Debate

Capacity to Contract and Fundamental Rights: Should anyone lack capacity to
contract?
Reading:
Cheema
Sessions 16, 17 and 18
Free Consent Soomro
Definition Compiler
Coercion, undue influence, comparison and associated cases Contract Act 1872
Fraud, misrepresentation, distinction between misrepresentation and English, American and
mere opinions, Pakistani cases
Comparison between fraud and misrepresentation and relevant case
law
Bilateral and Unilateral mistakes
Case Law

Assignment 2:
Reform of Consent Law

Sessions 19 and 20
Performance, Discharge and Breach of Contracts
Performance of single and joint promises, assignment of contracts, Reading:
appropriation of payments Contract Act 1872
Discharge of contract by performance, agreement, subsequent Cheema
impossibility, lapse of time, Breach of contract Soomro
Remedies for breach of contract: Suit for rescission, suit for damages, Compiler
suit for specific performance

Sessions 21, 22, 23, and 24

Sale of Goods Act 1930
Contract for Sale of Goods: Definition and essential elements
Sale and agreement to sell

4
 Reading:
Cheema
Conditions and Warranties: Definition and doctrine of caveat emptor Sale of Goods Act
Transfer of Property: Unascertained goods, intention and exceptions 1930
Performance of Contract of Sale: Duties and delivery of goods
Rights of Unpaid Seller: Definition and rights
Sale by Auction

Sessions 25 and 26
Partnership Law
Definition and characteristics
Partnership and co-owners
Types of partnership
Registration of firms and effects of non registration Reading:
Dissolution, grounds of dissolution of firm, process, consequences of Cheema
dissolution and liabilities of partners on dissolution Assigned Reading
Sale of Goods Act
Sessions 27
1930
Employment Law in Pakistan
Possible guest speaker session
Appointment and removal of workers
Covenants and restraints in the employment contracts
Case Study: Baldia Factory Fire
Reading:
Cheema
Assignment 3: Assigned articles
Op-ed on Employment Law
Research on what counts as a ‘good’ in different jurisdictions

Session 28
Introduction to Negotiable Instruments
Introduction and characteristics
Types: Promissory notes, Checks and Bills of Exchange
Negotiation, endorsement and dishonoring negotiable instruments

Reading:
Cheema

Text Book and Reading Material

 The Contract Law of Pakistan, Taymour Soomro, OUP 2015

 Business Law (Latest Edition) by Khalid Mehmood Cheema
 The Contract Act, 1872
 The Partnership Act, 1932

5
  The Negotiable Instruments Act, 1881

Prerequisite Skills and Knowledge to take this Course

Be comfortable with using technology for learning. This course follows absolute grading.

Assessment Weight Remarks

Quizzes 5%
Class Participation 15%
Assignments 20%
Midterm 30%
Final 30%

CLASS PARTICIPATION
Class participation shall be graded based on:
(i) Active participation in class
(ii) Ability to ask critical questions in class and outside class
(iii) Stopping by office hours to discuss concerns related to the law
(v) Participating in class debates and simulations

Ethics – The quiz tests the students ethical application of contract law by giving them a practical case
where they must be careful to provide the hypothetical client ‘honest’ advice as opposed to advice that will
lead the client into a false sense of high chance of success.
Critical analysis – The course is participation-intensive and during class it is ensured that students are
responsive and think on their feet especially with regards to court judgements that we evaluate together
as a class. Critical analysis is also encouraged through the initial theoretical lectures and the class
assignment which is a case problem.

Technology Requirements

You are welcome to bring your laptop to class. Please also bring along notebooks.

Academic Conduct

This course requires students to diligently engage with materials provided. Critical and creative
thinking will earn credit. Instead of merely focusing on textbooks or rote learning legal provisions,
students will be expected to understand and apply their legal knowledge.

Attendance Policy

Students are required to attend lectures, seminars and any other specified sessions.

6
 Plagiarism Policy

CHEATING AND PLAGIARISM ARE STRICTLY PROHIBITED

THE INSTRUCTOR WILL INITIATE PLAGIARISM COMMITTEE

PROCEEDINGS ON SUSPICION OF CHEATING
BA considers plagiarism as "taking and using the thoughts, writings, and inventions of another person
as one's own" (Concise Oxford Dictionary). Plagiarism manifests itself in various forms. These include
but are not limited to the following:
• “Verbatim copying, near-verbatim copying, or purposely paraphrasing portions of another
author's paper or unpublished report without citing the exact reference.
• Copying elements of another author's paper, such as equations or illustrations that are not common
knowledge or copying or purposely paraphrasing sentences without citing the source.
• Verbatim copying portions of another author's paper or from reports by citing but not clearly
differentiating what text has been copied (e.g. not applying quotation marks correctly) and /or not
citing the source correctly”.
• "The unacknowledged use of computer programs, mathematical / computer models /algorithms,
computer software in all forms, macros, spreadsheets, web pages, databases, mathematical
deviations and calculations, designs models / displays of any sort, diagrams, graphs, tables,
drawings, works of art of any sort, fine art pieces or artifacts, digital images, computer-aided design
drawings, GIS files, photographs, maps, music / composition of any sort, posters, presentations and
tracing."
• "Self-plagiarism, that is, the verbatim or near-verbatim re-use of significant portions of one's own
copyrighted work without citing the original source."

IBA aims to help all stakeholders recognize and avoid plagiarism. The punishment for the
offence ranges from a warning to expulsion from IBA for a period of three years. For further
details please consult IBA’s handbook on plagiarism.