MIDLANDS TECHNICAL COLLEGE
Instructor: Philip Mace
Phone: 822-3594 / 822-3310
Performance: Written Examinations
Text: WEST’S BUSINESS LAW, by Clarkson,9th
Ed., 2003, ISBN# 0-324-15282-5; ITP Publisher.
COURSE DESCRIPTION: This course is a study of
the basics of commercial law with emphasis on the formation and enforcement of
contracts and the rules particular to Article 2 (Sales of Goods) of the Uniform
Commercial Code (UCC). A discussion on
the principles of agency is also included.
COURSE OBJECTIVES: By the end of this course,
the student should be able to:
1. Classify the different types of contracts and show the elements
of each;
2. Understand how a contract is formed through offer and acceptance;
3. Identify the existence of consideration and demonstrate where
consideration is sufficient;
4. Explain legal capacity and identify situations and consequences
where legal capacity is lacking;
5. Understand fraud, duress, and mistake and their effects on
contracts;
6. Give examples of contracts that violate the public interest;
7. Determine whether agreements in restraint of trade are binding;
8. Discuss the doctrine of unconscionability;
9. Understand the parole evidence rule and Statute of Frauds;
10. Identify third-party rights in a contract;
11. Analyze the performance and discharge of contracts;
12. Identify UCC modifications of common law in the sale of goods;
13. Understand express and implied warranties in the sale of goods;
14. Recognize the various bases for product liability;
15. Relate the principles governing the law of agency;
16. Understand how agency relationships are created and terminated;
17. Show the
relationship between agency and contracts and torts;
18. Explain employer-employee relationships.
GRADING SCALE: A =
90-100 F = BELOW 70
B = 80-89 W = WITHDRAWAL
C = 70-79 WF = WITHDRAWAL; EXCESSIVE ABSENCES
ATTENDANCE POLICY: Students are
expected to prepare for and attend classes as scheduled. The maximum number of allowable absences for
this course is twice the number of meeting times a week. Students
are responsible for any class work or assignments missed, including
absences resulting from late enrollment. The maximum number of absences for
this course is two (2).
Business Department majors must earn a "C"
or
above for this course to count toward graduation.
STUDENTS WITH DISABILITIES: If special accommodations are needed for a student
with disabilities the student must contact the Counseling Services office for
assistance. Documentation regarding the
disability is required for accommodation arrangements. Confidentiality of the information received
will be maintained.
________________________
COURSE OUTLINE
(Subject to change to meet the needs of the class.)
Chapter 9 -
Contracts: Nature and Terminology
Chapter 10- Contracts: Agreement
Chapter 11- Contracts: Consideration
Chapter 12- Contracts: Capacity and Legality
Chapter 13- Contracts: Genuineness of Intent
Review - Contracts: Chapters 9 through 13
Exam I - Contracts: Chapters 9 through 13
Chapter 14 - Contracts: Statute of Frauds
Chapter 15 - Contracts: Third Party Rights
Chapter 16 - Contracts: Performance and Discharge
Chapter 17 - Contracts: Breach of Contract and
Remedies
Review - Contracts: Chapters 14 through 17
Exam II - Contracts: Chapters 14 through 17
Chapter 19 - Sales: Introduction
Chapter 20 - Sales: Title, Risk, and Insurable
Interest
Chapter 21 - Sales: Performance and Obligation
Chapter 22 - Sales: Remedies for Breach
Chapter 23 - Sales: Sales Warranties
Chapter 6 -
Product Liability
Review - Sales: Chapters 6, 19-23
Exam III - Sales: Chapters 6, 19 through 24
Chapter 31 - Agency: Formation and Duties
Chapter 32 - Agency: Liability to 3rd
Parties/Termination
Review - Agency: Chapters 33 and 34
Exam IV - Agency: Chapters 33 and 34
Review