SYLLABUS Survey of Commercial Law ACCT - Fall 2013 BA 401 MW 5:30 - 6:45 Instructor: Thomas G. Eppink, Juris Doctor Office: School of Accounting Adjunct Office Office Hours: By Appointment Email: teppink@eppinklaw.com I. Course Description Survey of Commercial Law is a three credit course that focuses on the legal environment that graduates can be expected to encounter as they enter the business world. It is a required course for most students enrolled in the course. II. Goals and Learning Outcomes The overall goal of ACCT 324 is to provide students with the knowledge and basic skills necessary to enable them to be effective junior professionals in the business environment as regards the myriad legal issues and challenges that they will encounter. The measurable learning outcomes used to determine the degree to which this goal is being met are: III. Students will understand the legal and regulatory regime governing businesses in the United States with an emphasis on South Carolina law. Students will understand legal terminology and theory and its application. Students will be presented with a described factual scenario and select/explain an appropriate legal outcome. Students will become acquainted with the complexity of the legal system and know when it may be appropriate to consult a legal professional. Students will learn to make legal, ethical, and profitable business decisions. Required Readings Dynamic Business Law (Customized) (2nd Ed.)(All assignments are for entire chapters unless otherwise indicated.) IV. Overall Course Structure ATTENDANCE AND HONOR CODE - I will comply with the university policy regarding attendance and enforce the university Honor Code (see below). The class will meet 28 times. Because much of the material that will be tested is covered in lectures, it behooves you to attend class. Having said that, in the event of illness or emergency, please let me know as soon as possible and I will do my best to work with you. I reserve the right, in my sole discretion, to lower your final grade by as much as one half letter grade based on unexcused absences in excess of university attendance policy. Excused absences are those due to medical reasons, student organization activities, USC athletics, job interviews, etc. University of South Carolina Honor Code "It is the responsibility of every student at the University of South Carolina Columbia to adhere steadfastly to truthfulness and to avoid dishonesty, fraud, or deceit of any type in connection with any academic program. Any student who violates this Honor Code or who knowingly assists another to violate this Honor Code shall be subject to discipline." WORKLOAD AND PREPARATION - I expect you to come to class prepared. "Prepared" means that you have read the assigned materials and are ready to discuss them in class if called upon to do so. V. Course Requirements EXAMINATIONS, ASSESSMENT, AND GRADING - You will get the grade that you earn, subject to the School of Accounting class grade average policy. Your final grade will be determined by your performance on three non-cumulative tests that will be administered during the semester. Each test will be 50 points each and will constitute one third of your grade. Your final grade will be determined by the cumulative points you have earned as follows: VIII. 135+ A 128-134 B+ 120-127 B 113-119 C+ 105-112 C 90-104 D Course Outline Topics for each class meeting are detailed below. Circumstances may call for an occasional departure from this schedule. Barring any unforeseen circumstances, any changes to the schedule will be made in advance. Mon Aug 26: Introduction Wed Aug 28: C.1 C.2 Mon Sep 02: LABOR DAY – NO CLASS Wed Sep 04: C.3 The U.S. Legal System Mon Sep 09: C.5 Constitutional Principles Wed Sep 11: C.8 Tort Law Mon Sep 16: C.8 C.9 Tort Law Negligence and Strict Liability Wed Sep 18: C.9 Negligence and Strict Liability Mon Sep 23: C.10 Product Liability Wed Sep 25: C.12 Intellectual Property Mon Sep 30: TEST No. 1 Wed Oct 02: C.13 Introduction to Contracts C.14 Agreement Mon Oct 07: C.14 Agreement C.15 Consideration Wed Oct 09: C.15 Consideration C.16 Capacity and Legality Mon Oct 14: C.16 Capacity and Legality C.17 Legal Assent Wed Oct 16: C.17 Legal Assent C.19 Third Party Rights to Contracts Mon Oct 21: C.20 Discharge and Remedies Introduction to Business Law Business Ethics Wed Oct 23: C.21 Introduction to Sales and Lease Contracts C.23 Performance and Obligations under Sales and Leases Mon Oct 28 : C.18 Remedies for Breach of Sales and Lease Contracts Wed Oct 30: C.19 Warranties Mon Nov 04: TEST No. 2 Wed Nov 06: C.33 Agency Formation and Duties C.34 Liability to Third Parties and Termination Mon Nov 11: C.35 Forms of Business Organization C.36 Partnerships: Nature, Formation, and Operation Wed Nov 13: C.37 Partnerships: Termination and Limited Partnerships C.39 Corporations: Directors, Officers and Shareholders Mon Nov 18: C.40 Corporations: Mergers, Consolidations, Terminations C.41 Corporations: Securities and Investor Protection1 Wed Nov 20: C.42 Employment and Labor Law Mon Nov 25: C.43 Employment Discrimination Wed Nov 27: THANKSGIVING HOLIDAY – NO CLASS Mon Dec 02: C.48 The Nature of Property, Personal Property, and Bailments C.49 Real Property Wed Dec 04: C.44 Administrative Law C.45 Environmental Law Mon Dec 09: 4:00 Test No. 3