The Law of Business Organisations provides students with an in-depth exploration of the legal principles governing various forms of business entities in the context of English and Welsh law. This course aims to equip students with a comprehensive understanding of common law principles, sources of law, the court system, and the specific legal frameworks surrounding business organisations.
1. Common Law
This introductory module provides students with an understanding of common law principles, emphasising their historical development, application, and the role they play in shaping legal decisions and business practices.
2. Sources of Law
The module on sources of law explores the various authorities and materials that contribute to the legal framework. Students examine statutes, case law, legal literature, and judicial decisions to understand the hierarchy and interaction of these sources in business law.
3. Courts of England and Wales
This section provides an overview of the court system in England and Wales. Students explore the structure of the judiciary, the roles of different courts, and the processes through which legal disputes are resolved within the jurisdiction.
4. Contract Law
A foundational aspect of business law, this module delves into contract law. Students examine the essential elements of a contract, contractual obligations, and the legal remedies available for breach of contract, providing a crucial framework for understanding business transactions.
5. Business Organisations
The core module explores the overarching principles of business organisations. Students examine the different forms of business entities, the legal considerations in their formation, and the rights and obligations associated with each type.
6. Sole Proprietorship
This module focuses on sole proprietorship as a form of business organisation. Students explore the characteristics, advantages, and disadvantages of this structure, as well as the legal implications for the owner.
7. Partnership
The partnership module examines the legal framework governing partnerships. Students explore the formation, management, and dissolution of partnerships, as well as the rights and liabilities of partners in this business structure.
8. Company
This section delves into company law, covering the characteristics and legal requirements associated with incorporating and operating a company. Students examine the different types of companies and their respective regulatory frameworks.
9. Legal Personality
Legal personality explores the concept of separate legal identity for business entities. Students examine the implications of legal personality on the rights, responsibilities, and liabilities of the business organisation distinct from its owners.
10. Veil of Incorporation
This module explores the concept of the veil of incorporation. Students examine the circumstances under which the legal personality of a company may be disregarded, exposing shareholders to direct liability, and the legal principles guiding such situations.
11. Company Formation
Company formation is a critical process in business law. This module provides a detailed analysis of the steps involved in forming a company, the legal documents required, and the regulatory compliance associated with this process.
12. Majority Shareholders
Majority shareholders play a crucial role in corporate governance. Students explore the legal rights and powers of majority shareholders, the potential for oppression of minority interests, and the mechanisms for protecting minority shareholders.
13. Directors
The module on directors examines the roles, duties, and responsibilities of company directors. Students explore the legal and fiduciary obligations directors owe to the company and its shareholders, as well as the potential consequences of breaches.
14. Minority Shareholders
This section focuses on the rights and protection of minority shareholders. Students examine legal mechanisms and remedies available to minority shareholders to ensure fair treatment within the company structure.
15. Insolvency
The final module explores insolvency law and its implications for business organisations. Students examine the legal processes for handling insolvency, the rights of creditors, and the potential outcomes for the company and its stakeholders.
Through an analysis of topics such as sole proprietorship, partnership, company law, legal personality, and insolvency, students will develop the knowledge and skills necessary to navigate the legal landscape of business entities. This module not only covers the foundational legal concepts but also encourages critical thinking about the regulatory, ethical, and practical dimensions that shape business organisation law.
Check out our exam-focused The Law of Business Organisations notes now.
