ACCTN576-23A (HAM)

Commercial and Corporate Law

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law

Staff

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Convenor(s)

Alberto Alvarez-Jimenez

Alberto Alvarez-Jimenez
6309
N.5.12
See Moodle
alberto.alvarez-jimenez@waikato.ac.nz

Lecturer(s)

Dara Dimitrov

Dara Dimitrov
See Moodle
dara.dimitrov@waikato.ac.nz

Administrator(s)

Placement/WIL Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: yilan.chen@waikato.ac.nz

You can contact staff by:

  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
    • For extensions starting with 4: dial +64 7 838 extension.
    • For extensions starting with 5: dial +64 7 858 extension.
    • For extensions starting with 9: dial +64 7 837 extension.
    • For extensions starting with 3: dial +64 7 2620 + the last 3 digits of the extension e.g. 3123 = +64 7 262 0123.
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What this paper is about

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This paper introduces students to the New Zealand legal system and laws regulation specified business activities. The initial focus is given to the laws applying to business contracts. The paper also cover principles applying to companies.

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How this paper will be taught

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Paper Structure
  • 1 x 2 hour lecture per week on Tuesdays from 11am -1 pm
  • 1 x 1-hour lecture per week on Thursday at 5 - 6 pm
  • 1 x 1-hour tutorial per week on Thursdays at 4-5pm - this will also be the zoom

Tuesday and Thursday Classes will generally comprise lectures, discussion, analysis of selected distributed documents, an illustration of business usage, and identification of current issues.

The focus will be on identification of legal issues, consideration of respective parties viewpoints, evaluation of relevant facts, identification and consideration of applicable law, both statute law and case law, and determination of probable outcomes and identification of applicable principle of law to inform future actions and usage.

OFFICE HOURS:

Dr. Dara. DimitrovBMS (Hons); LLB; MMS; PhD

Office Hours. Thursday 9-11 am . Office: 5.20

Zoom: Thursday 10 - 11.

Katrina Werahiko BA LLB, LLM(Hons).

Office Hours: Tuesday 1-2pm. Office: 5.21

Zoom: Tuesday 2-3pm.
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Required Readings

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Miller & Barber Understanding Commercial Law, 9th Edition, 2019, LexisNexis New Zealand Limited, Wellington.

Recommended Readings

Miller L, Understanding Commercial Law, 8th Edition, 2014, LexisNexis New Zealand Limited, Wellington.

Hubbard J, Thomas C and Varnham S, Principles of Law for New Zealand Business Students, 5th edition, 2013, Pearson Australia.

Barrett J and Ronan Feehily Understanding Company Law, 4th Edition, 2019, LexisNexis NZ Limited.

Murray. (2017) Consumer Law Made Easy LexisNexis NZ Limited.

Access to New Zealand Legislation online: refer http://www.legislation.govt.nz..

Further required readings may be provided on the Waikato Reading List for the paper and the paper’s Moodle site. Any such material, and all lecture material, is provided on the following terms:

University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the materials from the papers in which you are enrolled (including lecture and assessment materials) for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.

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Learning Outcomes

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Students who successfully complete the course should be able to:

  • Identify and apply principles that underpin the commercial sale of goods pursuant to the Contract and Commercial Law Act 2017
    Linked to the following assessments:
  • Identify and apply the legal requirements for a valid contract
    Linked to the following assessments:
  • Identify and apply the principles that provide protection to the 'consumer', pursuant to the Consumer Guarantees Act 1993
    Linked to the following assessments:
  • Identify and apply the principles that provide protection to the 'consumer', pursuant to the Personal Property Securities Act 1999
    Linked to the following assessments:
  • Identify the key regulators of the business environment in New Zealand
    Linked to the following assessments:
  • Identify the kinds of factors that could legally nullify an otherwise validly entered contract
    Linked to the following assessments:
  • Understand the basic principles of trust law
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  • Understand the basics of New Zealand's legal environment
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  • Understand the key entities used in business and the legal implications
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  • Understand the relevance and practical application of principles in the Fair Trading Act 1986, as they apply in the commercial environment
    Linked to the following assessments:
  • Understand the significance of director's duties in the corporate context
    Linked to the following assessments:
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Assessments

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How you will be assessed

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Test One

The test will be an online test: It will be on April 6 from 5 p.m to 6 p.m: This will cover all material from lectures, tutorials posted ‘Readings’ and the required text on topics covered in classes. The test will be made up of short answer questions; each will require a short and concise answer.

The test has a time limit of 60 mins - the timer will begin automatically once you open the test; the test will save and automatically close once the time expires

All the topics are compulsory - the computer will randomly select a question for each topic from a bank of questions - You must answer the question selected.

The questions are all short answer/short essay type questions.

Research Project

Many students think that the main legal problems they will face during their business career will be to do with financial or market issues but many businesses face both regulatory and legal challenges of all kinds.

Select one (1) of the following research topics

1. Select a (New Zealand) local government organisation and outline how their obligations to the Treaty of Waitangi are integrated into their business practices. You can use a local council, district health board or any other organisation that is approved by the lecturer. You must use relevant examples from the organisation that you have selected.

2. Business has traditionally focused on accounting techniques to assist in organisational decision-making and cost control. Yet directors have been criticised for failing to address legal compliance needs. Please discuss how directors can develop a legal compliance plan; this will include a general outline of the business laws and disclosure reports that most affect New Zealand businesses.

3. New Zealand has a unique regulatory and cultural environment and many pieces of legislation create a statutory requirement to consult Maori. Select an organisation and outline some of the changes that have taken place in its business environment in recent years that meet the needs of its Treaty of Waitangi obligations.

Word Limit: 2,000 maximum.

IMPORTANT NOTICE. Any text which is submitted in excess of the word limit will not be marked.

Your research project will need to be web submitted.

Test Two

The test will be an online test: This will cover all material from lectures, tutorials posted ‘Readings’ and the required text on topics covered in classes. The test will be made up of short answer questions; each will require a short and concise answer.

The test has a time limit of 60 mins - the timer will begin automatically once you open the test; the test will save and automatically close once the time expires.

All the topics are compulsory - the computer will randomly select a question for each topic from a bank of questions - You must answer the question selected.

The questions are all short answer/short essay type questions.

IMPORTANT NOTICE:

Please read and understand the following instructions before you begin the TWO TESTS on 5 April and 1st JUNE:

·Ensure that you have access to Moodle on your computer for the whole duration of the test.

·To begin the test, you need to join the Zoom Session FIRST.

·VIDEO must be on for the whole test session.

·YOU should be visible [head and shoulders] at all times during the test.

·This test is an open book online test. Standard test rules apply. You should not consult with any other student during the test.

·The time allowed is 60 minutes. The timer will begin counting the moment the test begins at 4.00 pm for this test. You will not be able to edit at the end of 60 minutes. You should submit immediately before the cut off time at 5.00 pm.

·If you finish before 60 minutes and wish to exit, make sure you click on "Finish all and Submit" (let me know through chat (privately) that you have completed and exiting Zoom if you finish early). The test will automatically end at the end of the 60 minutes but you must make sure that you click on "Finish all and Submit".

·The test will open and close at the same time for everybody.

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Test One
6 Apr 2023
5:00 PM
30
  • Online: Submit through Moodle
2. Research Project
28 Apr 2023
12:00 PM
30
  • Online: Submit through Moodle
3. Test Two
1 Jun 2023
5:00 PM
30
  • Online: Submit through Moodle
4. Tutorials
10
  • Online: Submit through Moodle
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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