COURSE SYLLABUS BUS 273 1001 - BUSINESS LAW 1 (Independent Study) Fall 2011 INSTRUCTOR OF RECORD: Ross P. Eardley 224 Skyline Drive Elko, Nevada 89801 TELEPHONE: FAX: E-MAIL: (775) 738-3691 (775) 753-5710 wheatie@frontiernet.net OFFICE HOURS: Above address or other convenient location on CampusMonday through Friday, by appointment COURSE SCHEDULE: There are no class meetings or class discussions. This is an Independent Study Course. Student will complete the reading assignments and other assignments in accordance with the Course Schedule on page 3 of this Syllabus. COURSE CREDITS: 3 REQUIRED TEXTBOOK: Law for Business 17th Edition, by Ashcroft and Ashcroft West Publishing COURSE PURPOSE: The instruction of business law is the core of any business program. It is integral to the course of study for students planning to major in management, marketing, accounting, finance and business administration. The content of Business Law, as with most introductory law courses, emphasizes contracts and the legal system. By including modules on the law of sale of goods, agency, business entities, bankruptcy, real property, and inheritance, students will gain a working overview of law in the world of business. COURSE OBJECTIVES AND SPECIFIC LEARNER OUTCOMES: When students complete this course of study, they will have acquired a familiarity with and understanding of the following concepts: $ The law - it’s meaning, sources, purposes, classifications - and the effect of law on business transactions. $ The nature of contract law, including the importance of contracts in the business world, the elements of a contract, the rights of third parties, guidelines for interpretation of contracts and contractual remedies. $ The nature of Uniform Commercial Code relating to the sale of goods, differences between sales contracts and common law contracts, the duties and rights of buyers and sellers in contracts for the sale of goods, the relationship of insurable interest, risk of loss, and passage of title. -1- $ The nature of agency law, including the requirements for the creation and termination of an agency relationship, the duties of principals and agents, and the factors determining the liability of principals and agents. $ The nature of real property ownership and transfer and mortgaging, the means by which property may be acquired and lost, the general requirements relating to the leasing of real property, mechanic’s liens and their effect on real property. $ The nature and characteristics of business organizations, the nature of bankruptcy law and inheritance. In addition to the above, students will also acquire a general knowledge of the Federal and State court systems in the United States and an understanding of basic court procedures and terminology. Students should also be able to analyze and evaluate the legal aspects of common business transactions and make application of basic legal principles to such business situations and transactions. MEASUREMENT OF LEARNER OUTCOMES: Each of the above learner outcomes will be measured by the following. 1. Written chapter assignments which will require students on a weekly basis to answer in writing specific questions and problems relating to the legal concepts in each chapter. 2. At the end of each Chapter in the Textbook there are case problems requiring the students to analyze specific fact situations in relation to the legal principals involved. Students shall on a weekly basis be required to submit a written analysis of one of these case problems. 3. Periodic written examinations which will cover each legal topic referred to above. METHODS OF INSTRUCTION: This is an Independent Study Course and there will be no class meetings or discussions; however students will be required to read on a weekly basis the scheduled Textbook material. The textbook used in the class contains several review questions and case problems at the end of each chapter. Students will be given assignments on a weekly basis to turn in written answers to these questions and/or analyze and discuss the case problems. COURSE REQUIREMENTS: 1. Completion of all reading assignments: There is a STANDING ASSIGNMENT to read the text book chapters and any handout material in accordance with the course schedule on page 3 of this syllabus. 2. Completion of Written Assignments: At the end of each chapter there are approximately 10 review questions. Each student shall answer these questions in writing and turn them in NOT LATER THAN the week following the schedule date for reading that chapter. THIS IS A STANDING ASSIGNMENT. Papers turned in after the due date will face possible reduction in point value. 3. Completion of Case Problems Analysis: At the end of each chapter in the Textbook, commencing with Chapter 5, there are several “case problems”. Each student shall select one -2- problem from each chapter and not later than a week from the scheduled date for reading that chapter, shall submit in writing a brief written analysis of the problem selected by the student. This is a standing assignment. Papers turned in after the due date, will face possible reduction in point value. Samples of the type of analysis suggested are attache to this syllabus as Exhibits A and B. 4. Satisfactorily Completing all Quizzes and Examinations: There will be at least three interim examinations during the semester and a final examination. The examination will consist mostly of True/False and Multiple Choice Questions and a few short answer Essay Questions. COURSE SCHEDULE: - Fall Semester 2011 Law and Legal System Week 1 - Chapters 1 and 2 - Week ending Sept. 2, 2011 Week 2 - Chapters 3 and 4 - Week ending Sept. 9, 2011 Week 3 - Continuing Chapters 3 and 4, Test #1 - Week ending Sept 16, 2011 Week 4 Week 5 Week 6 Week 7 Week 8 Contracts - Chapters 5 and 6 - Week ending Sept. 23, 2011 - Chapters 7 and 8 - Week ending Sept.30, 2011 - Chapters 9 and 10 - Week ending Oct.7, 2011 - Chapters 11 and 12 - Week ending Oct. 14, 2011 - Chapter 13, Test #2 - Week ending Oct. 21, 2011 Sale of Goods Week 9 - Chapters 14, 16 and 17 - Week ending Oct. 28, 2011 Agency of Business Entities Week 10 - Chapters 26 and 27 - Week ending Nov. 4, 2011 Week 11 - Chapters 31 and 32 - Week ending Nov. 11, 2011 Week 12 - Chapter 34, Test #3 - Week ending Nov. 18, 2011 Bankruptcy and Real Property Week 13 - Chapters 40 and 41 - Week ending Nov. 25, 2011 Week 14 - Chapters 42, 43 and 44 - Week ending Dec. 2, 2011 Inheritance Week 15 - Chapter 45 - Week ending Dec. 9, 2011 Week 16 - Final Test - To be completed not later than Dec. 14, 2011 NOTE: Students as a minimum shall maintain the above Course Schedule and be prepared for the tests at the times indicated and shall turn in all written Assignments and Case Problems by at least the dates indicated. If students desire to work faster and turn in written assignments and case problems ahead of schedule they may do so. If any student has trouble maintaining the above schedule, I will be open to make any reasonable changes. -3- GRADING: A = 95% and above A- = 90% - 94% B+ = 87% - 89% B = 83% - 86% B- = 80% - 82% C+ = 77% - 79% C = 73% - 76% C- = 70% - 72% D+ = 67% - 69% D = 63% - 66% D- = 60% - 62% F = Below 60% Grades will be determined as follows: Weekly written Case Problems Weekly Written Answers to Questions Unit Test #1 Unit Test #2 Unit Test #3 Final Exam Total 15% 25% 10% 15% 15% 20% 100% NOTE: Grade points will be determined as follows: 1. For tests the total possible grade points will be multiplied by the percentage of correct answers. Thus for example the final exam is worth 20 points toward your grade. If you got 75% of the answers right, your grade points for the test would be 75% of 20, which would be 15 points toward your grade. 2. For the written answers to Chapter Questions, the percentage of correct answers for the entire course, will be multiplied by the total possible grade points which is 25. If you got 80% of the answers correct your grade points would be 80% of 25 which would be 20 points toward your grade. 3. For the written analysis of case problems, the percentage of acceptable answers will be multiplied by the total possible grade which is 15. Thus if 90% of your answers were acceptable, your grade points would be 90% of which would be 13.5 grade points. In connection with these case problems, there is usually no one “correct” answer. Your answer will be acceptable if it identifies the legal principle involved and how that principle applies to the facts. Non Passing Grades are: F The Grade of “F” is reserved for students who score very low on the exams or fail to complete course requirements. This grade is not given to those who withdraw from the class through proper notification to the registrar and the instructor by November 25, 2011. This grade cannot be changed to a passing grade by completion of further work. I On rare occasions the grade of Incomplete is given if the student, due to circumstances beyond his or her control, is unable to complete a certain requirement of the course by the time the semester ends. Any deficiency must be removed within a short period -4- after the end of the semester in order to have the “I” grade changed to a passed grade. W If a student officially withdraws from the class, by notifying both the instructor and the registrar by November 25, 2011, then a grade of “W” is given. A student may withdraw from the class for any reason whatsoever. OTHER POLICIES AND HELPS: “GBC supports providing equal access for students with disabilities. An advisor is available to discuss appropriate accommodations with students. Please contact the ADA Officer (Julie Byrnes) in Elko at 775.753.2271 at your earliest convenience to request timely and appropriate accommodations.” Should you celebrate religious holidays or festivals other than those provided for in the College Calendar, please inform me in advance so that any conflicts with exams or other course schedule can be resolved ahead of time and any missed exams or work can be made up. Consult the GBC General Catalog for policies concerning religious holidays and make-up work. If you feel you need any other help or special assistance, please let me know as soon as you can. -5- EXHIBIT A Chapter 5 - Case Problem #6 Legal Principle - Rights and obligations will be imposed when a failure to do so would result in one person being unjustly enriched at the expense of another. This is explained on page 54 of the text. This is called a quasi Contract. It is not a true contract but is an obligation imposed by law to prevent unjust enrichment. Facts: - The tenants in a mobile home park were receiving various utilities such as water, sewer, garbage, etc. They received these for many years but did not pay for them because they did not feel they were required to do so. The mobile home park eventually sued them for the value of the services. Question; - Were the mobile home tenants legally required to pay for the services even though there was a misunderstanding about who was to pay? My Opinion: - I believe that the tenants had to pay on the basis of quasi Contract and unjust enrichment. The tenants were receiving a benefit at the expense of the Mobile Home Park and so there would be a contract implied in law for the reasonable value of the services. ************************** As noted in the Syllabus there may not always be a “correct” answer to these problems. The court in this case did in fact hold that the tenants were liable, but another court might see it differently and say the Mobile Home Park was at fault for letting it go so long without doing anything. The main purpose of this exercise is to see if you recognize the principle of law and express your opinion as to how that principle applies to the facts of the case. It is recognized that even in courts, opinions may often vary. -6- EXHIBIT B Chapter 6 - Case No. 3 Legal Principle: - As a matter of law and business custom, advertisements, window displays, catalogs, price lists, circulars and other similar things, offering to sell goods at certain prices and terms, are not true offers and are not binding. They are considered invitations to the prospective buyers to make an offer, and the original seller can accept or reject the buyer’s offer. Facts: - A motor car company advertised in a newspaper to sell a certain vehicle at a certain price with no down payment. A prospective buyer went to the Motor Company and in response to the advertisement tried to by the vehicle at the advertised price and terms. The company refused, saying the buyer would have to make a down payment. The buyer sued the company saying the advertisement was a valid offer which he accepted and the company was bound to make the sale. Question: - Was the advertisement a valid offer binding on the car company? My Opinion: - Based on the legal principle stated above, the advertisement was an invitation to the buyer to make an offer, and the company could either accept or reject. The company rejected the buyer’s offer and was not legally obligated to make the sale. -7-