Business Law 420 - Commercial Law
www.cbe.uidaho.edu/wegman
Spring Semester,
2008
Course Syllabus
1. Course Description
This course will
acquaint students with the legal fundamentals of Uniform Commercial Code (UCC) Sales
Contracts, and with Agency law, Legal Liability of Accountants, and
Intellectual Property. We also examine the
ethical environment of agents and professionals. The
lecture/discussion type of instruction is used.
Class discussion is facilitated by having students prepare answers to
textbook problems which they present in class.
2. Learning Objectives
There are two
learning objectives in this course:
1. Learn basic legal rules useful to accountants
and to business decision makers.
2. Improve critical thinking skills by learning
to support conclusions with legal authority, and by using the legal method of
problem solving.
Assessment of these
learning objectives will be accomplished by analyzing student responses to exam
questions.
3. Exams and Grades
There will be 3
mid-semester exams and a final exam. The
final exam is optional for grade improvement.
Exams consist of essay questions and multiple choice questions. Grades are also based on class participation. Exams and class participation will comprise
the grade as follows:
Exams (3), 30% each 90%
Class Participation,
consisting of: 10%
-effective
preparation
-presentation
of problem solutions
-class
discussion
-compliance
with attendance rule
total: 100%
4. Class Participation; Four Excused Absence
Rule
Since participation
is essential for effective class discussion, students are required to be
prepared, to attend class, and to contribute to the class. However, it is understood that other demands
may prevent a student from attending on a given day. In order to accommodate this need, a policy
of four excused absences has been adopted for this course. Each student is entitled to take up to four
absences, with no excuse or justification needed. If unable to attend, the student need merely
notify the instructor in advance. Please note that class participation
comprises 10% of the final grade. This
grade will be based on the quality of student preparation, presentation of
answers to end-of-chapter questions, participation and contribution in class
discussions, and compliance with the 4 excused absences rule. Absences in excess of the four excused
absences rule will be granted for good cause.
If a student is
unprepared but wishes to attend class and not be called on, he/she should
notify the instructor in advance. It
will count towards the four absences that students are
entitled to take.
5. Class Procedure
As our Class
Schedule indicates, we generally devote two or three class sessions to each
assigned chapter of the text. I will use
these class sessions to present an overview of the chapter topic, explaining
those topics that would be difficult for students to master on their own. We will then discuss the material of that
chapter, with students presenting their chapter problem solutions. To prepare for these sessions, students
should read the text chapter and solve the end-of-chapter problems designated
in the class schedule on page 4 of this syllabus. Students should write brief summaries of their solutions, including the legal issue
presented by the problem and the legal rule being applied.
6. Instructor
Jerry Wegman,
Associate Professor
Office: ALB 312
Telephone: 885-7342
Email: wegman@uidaho.edu. When sending email be sure to include “B. Law
420” in the
subject line, in
order to avoid accidental deletion as spam.
Office Hours:
Wednesday 9:30-11:30 and 2:00-5:00; and by appointment.
7. Text
Smith & Roberson’s Business
Law, 13th ed. (2006).
8. How to Succeed in this Course
A. For the UCC chapters, write the important
rules in your own words. These are generally the rules that we spend
time on in class. For each rule list the
elements of proof that a party asserting that rule is required to establish
with evidence.
Example: Implied warranty of merchantability
rule: an implied warranty that the goods
are fit for the ordinary use of such goods.
Elements of proof required: (1) a merchant seller, (2) sale of
goods.
B. For Agency and Accountant Liability chapters,
write the common law rules in your own
words. Do this also for relevant
sections of statutes such as the Securities Acts and Sarbanes-Oxley.
C. When preparing end-of-chapter problem
solutions, always identify the UCC code section, case law, statute or other
legal authority that is used to solve the problem.
D. Prepare a legal vocabulary list with
definitions in your own words. Legal terminology is critical and actually
contains important rules. For example:
“merchant”. Whether or
not a party is a merchant will often (but not always) affect the parties’
rights.
E. Visit the publisher’s website:
http://www.swlearning.com/blaw/smithandroberson/smithandroberson12e/smithandroberson12e.html
This site provides powerpoint slides than can serve
as useful chapter reviews, and also quizzes with answers and explanations. Take the quizzes and go through the slides
after reading each chapter, and before each test.
F. Note-taking: I recommend taking no notes or few notes during class. If you like to take detailed notes, take them after class while listening to the recorded audio of the lecture. The reason for not taking notes is that you will benefit most by listening carefully and thinking about the lecture/discussion as it takes place. A question might occur to you that could then lead to a useful discussion. You can use your printed lecture outline to underline, circle, or add a few words. The purpose of the in-class lecture/discussion is to provide you with insight and understanding. The material itself is well covered by the textbook; no need to replicate the text, which you have already purchased at considerable expense.
G. Perhaps most important of all: read the
chapters at least twice, then put the book down and think about the legal rules
and how they apply. Make sure you
understand how the rules work; what their purpose is; and how successful you
think they are. Feel free to speculate
on how different rules might work. The
text chapters are not very long, but they are very content rich.
Spring 2008 -
Business Law 420
Class Schedule, readings, & assigned
problems
I. Uniform
Commercial Code: Sales Contracts
Class
1
Review of contract law
Class 2 Intro to UCC Sales, Ch 21
Class 3
Intro to UCC
Sales, Ch 21, problems
continued
Class 4 Performance, Ch 22
Class 5
Performance,
Ch 22, problems continued
Class 6 Transfer of Title & Risk of Loss, Ch 23
Class 7
Transfer of Title & Risk of Loss, Ch 23, problems
continued
Class 8 Negligence and tort reform, Ch. 8
Calss 9 Products Liability, Ch 24
Class 10
Products Liability, Ch 24, problems
continued
II. Agency, Accountants' Liability and Intellectual
Property
Class 11 Agency Relationship, Ch 19
Class 12
Agency Relationship, Ch 19, continued
Class 13 Third Parties, Ch 20, problems
Class 14
Third Parties, Ch 20, problems continued
Class 15
Accountants' Liability, Ch 45; also read
"Impact of the Sarbanes-Oxley Act on Accountant Liability",
accessible
from this website; and the Barchris case, text page 917.
Class 16
Accountants' Liability: Ch 45, continued
Class 17
Accountants' Liability and the Sarbanes-Oxley Act
Class 18 Intellectual Property, Ch 40; also read “Protecting Intellectual Property in IT Layoffs: Legal and Security Issues”
pages 207 - 214.
Class 19
Intellectual Property, Ch 40, problems continued
Class 20
Intellectual Property, Ch 40, problems
continued
Spring 2008
Business Law 420 - Academic Calendar
|
January |
10 |
Introduction to the course.
|
|
|
15 |
Class 1 |
|
|
17 |
Class 2 |
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|
22 |
Class 3 |
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|
24 |
Practice Exam (during class period) |
|
|
29 |
No Class; compensation for evening exam time |
|
|
31 |
Cancellation due to snow |
|
February |
5 |
Class 4 |
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|
7 |
Class 5 |
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12 |
Class 6 |
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14 |
Class 7 |
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19 |
Review for Exam #1; Exam 1, 6:00 PM, ALB 335 |
|
|
21 |
Class 8 |
|
|
26 |
Class 9 |
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|
28 |
Class 10 |
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March |
4 |
Class 11 |
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6 |
No Class; compensation for evening exam time |
|
|
11 |
Spring Break |
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13 |
Spring Break |
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12 |
No Class; compensation for evening exam time |
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|
20 |
Class 12 |
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25 |
Class 13 |
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27 |
Class 14 |
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April |
1 |
Review for Exam #2; Exam 2, 6:00 PM, ALB 212 |
|
|
3 |
Class 15 |
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8 |
Class 16 |
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10 |
Class 17 |
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15 |
Class 18 |
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17 |
Class 19 |
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22 |
Class 20 |
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24 |
Review for Exam #3; Exam #3, 6:00 PM |
|
|
29 |
No Class; compensation for evening exam time |
|
May |
1 |
Review for Final Exam |
|
|
9 |
Final Exam @ 12:30 p.m., Friday, ALB 335 |
EXAMS:
Exam #1: February 19, Tuesday evening, 6:00 p.m. Location:
Exam
#2: April 1, Tuesday evening, 6:00 p.m. Location:
Exam #3: April 24, Thursday evening, 6:00 p.m. Location:
Final Exam: May 9, Friday
afternoon, 12:30 p.m. Location: