COURSE SYLLABUS BUSG 2305 (3:3:0) BUSINESS LAW/CONTRACTS. General Business. Business Administration Department. Technical Education Division

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1 COURSE SYLLABUS BUSG 2305 (3:3:0) BUSINESS LAW/CONTRACTS General Business Business Administration Department Technical Education Division Levelland Reese Center SOUTH PLAINS COLLEGE Fall 2014

2 Campus(es) Listed as Appropriate to Class: Levelland Reese Center COURSE SYLLABUS COURSE TITLE: INSTRUCTOR: BUSG 2305 Business Law/Contracts Susan Mills OFFICE LOCATION Technology Center Bldg., Office NSR 04, Levelland, (806) AND PHONE/ SPC ; Fax: (806) OFFICE HOURS: To be announced and posted on office door SOUTH PLAINS COLLEGE IMPROVES EACH STUDENT'S LIFE ****************************************************************************** I. GENERAL COURSE INFORMATION: A. Course Description: This course is a study of the principles of law, which form the legal framework for business activity, including applicable statutes, contracts, and agencies. B. Course Learning Outcomes: The student will define fundamental legal terminology regarding contracts, torts, property, and wills; differentiate between business ethics and legal issues; and identify and explain required elements of torts, requirements of contracts, and various consumer laws as applied to business and individuals. C. Course Competencies: A minimum grade of "D" is required for completion of BUSG A minimum grade of C is required for transfer to most four-year universities. D. Academic Integrity: It is the aim of the faculty of South Plains College to foster a spirit of complete honesty and a high standard of integrity. The attempt of any student to present as his or her own any work which he or she has not honestly performed is regarded by the faculty and administration as a most serious offense and renders the offender liable to serious consequences, possibly suspension. 1. Cheating: Dishonesty of any kind on examinations or on written assignments, illegal possession of examinations, the use of unauthorized notes during an examination, obtaining information during an examination from the textbook or from the examination paper of another student, assisting others to cheat, alteration of grade records, illegal entry or unauthorized presence in an office are examples of cheating. Complete honesty is required of the student in the presentation of any and all phases of course work. This applies to quizzes of whatever length as well as to final examinations, to daily reports and to term papers. 2. Plagiarism: Offering the work of another as one s own, without proper acknowledgment, is plagiarism; therefore, any student who fails to give credit for quotations or essentially identical expression of material taken from books, encyclopedias, magazines and other reference works, or from the themes, reports or other writings of a fellow student, is guilty of plagiarism. Dishonesty in any form in this class will result in immediate dismissal and an F as the final grade. Page 2 of 9

3 II. SPECIFIC COURSE/INSTRUCTOR REQUIREMENTS: A. Textbook and Supplies: Business Law Today, The Essentials, 10 th Edition, 2014; Miller and Jentz; South-Western, Cengage Learning. ISBN no Student will need six scantrons for exams. B. Send me an in Blackboard with the subject line titled Introduction by noon on Aug. 29 (F) with the following information: (1) Your name. (2) Major (indicate areas of study for major & if you plan to work toward an associate degree only or to transfer to a 4-year university to complete bachelor degree. (3) If transferring to 4-year, what university would it most likely be? (4) Current address & phone numbers this semester. (5) addresses (other than Blackboard). (6) Other colleges/universities currently and previously attended. (7) Personal background (description of work experience(s); where currently employed and phone no.; approximate work hours per week; other courses currently taking; and anything else you would like to tell me about yourself. C. Attendance Policy: Every student is expected to attend class and to be punctual. Whenever absences become excessive and, in the instructor s opinion, minimum course objectives cannot be met due to absences, the student should be withdrawn from the course. A student who stops attending this class must take the responsibility of contacting the Registrar s Office to drop the class no later than two weeks from the first absence. If the student fails to do this, the instructor will administratively withdraw the student after two weeks of absences (consecutive or not) with a grade of F. D. Assignment Policy: When an unavoidable reason for a class absence arises, such as illness, an official trip authorized by the college, or an official activity, the instructor may permit the student to make up work missed. In such case, it is the student s responsibility to complete work missed within a reasonable period of time as determined by the instructor. Students are responsible for all class work and notes covered during absences from class with no exceptions. If absent, student should contact immediately another student in the class to receive notes and assignments. For students in Levelland, assignments not turned in during class may be turned in at my office. For students at Reese, the instructor s mail box will be in Bldg. 3, Room 302A. Follow up with an or a call to the instructor to indicate when and where work has been submitted. All students also have the option of sending items via and/or fax. Make sure any computer used to send messages and assignments to the instructor has anti-virus protection. Possibly infected s sent are blocked and unable to be received. You are responsible for making sure any items are received when due. The material and content covered in the course is quite extensive. Much of the information in the text will not be able to be covered during class. Therefore, IT WILL BE IMPERATIVE FOR THE STUDENT TO SPEND CONSIDERABLE TIME OUTSIDE OF CLASS READING AND STUDYING INFORMATION IN THE TEXT!! E. Grading Policy/Procedure and/or methods of evaluation: 1. Chapter Exams (65%): There will be four or five major chapter exams plus the final exam. Each exam will cover both lecture and textbook assignments. They will be announced in advance. NO MAKE-UP EXAMS WILL BE GIVEN. The final exam will be comprehensive and will either replace the lowest score of the major exams (even if the final exam score is lower) or replace one missed major exam. A student may be exempt from taking the final exam if no exams, quizzes, or assignments have been missed and the student has an A average and not more than two absences or a B average and not more than one absence. If the student is not exempt from the final and does not take the final exam, student s final average will be lowered one letter grade. Page 3 of 9

4 2. Assignments and Quizzes (25%): Assignments will include the following (varying with the chapters): study guides, chapter outlines, and questions and case studies at the end of chapters. Due dates for these will be given with each assignment. Study guides will be graded on percentage of accurate responses. Questions and case studies will be graded based on following instructions, neatness, critical thinking, and effort. Fifteen (15) points will be deducted if turned in after class meeting when due, and an additional five (5) points will be deducted for each class meeting after that when turned in NO exceptions. Any work that is sent via must be either keyed into the message or saved as a Word file or a rich text format file (.rft) and attached to the sent. Files in any other format (such as Works) will not be able to open. Items sent electronically will be replied to within 48 hours to notify student it was received. Unannounced quizzes may be given (there will be no make-up on these). 3. Class Participation/Discussions (10%): Each student s participation in class is vital in this course. Discussions, debates, and controversial ideas brought forward give more meaning and understanding to the areas covered. Efforts of each student to respond in class will be noted by the instructor. 4. Students are responsible for recording and keeping up with their own grades as work is returned. Grades will be determined according to the following scale: A B C D Below 60 F F. Special Requirements: The Teaching & Learning Center on the Levelland campus located on the third floor of the library provides students free tutoring and study skills information. Call ext for help. The Testing & Learning Center (Reese campus), Bldg. 8, Room 823, ext and 4035 provides the same offerings. G. Classroom Requirements: Students will be expected to be on time and in attendance the full 75 minutes of the designated class time and will not be coming in and out of the room once class begins. There will be no cell phones, laptops, or other electronic devices out OR turned on in the classroom without instructor permission! III. COURSE OUTLINE: Week 1 Constitutional Foundations Week 2 Ethics & Business Decision Making Week 3 Courts & Alternative Dispute Resolution Week 4 Exam 1 Week 4 & 5 Torts & Cyber Torts Week 6 Intellectual Property & Internet Law Week 7 Criminal Law & Cyber Crimes Week 7 Exam 2 Week 9-11 Contracts: Classification, Agreement, & Consideration; Capacity, Legality, Assent & Form; Third Party Rights, Discharge, Breach, & Remedies Week 11 Exam 3 Week 12 Sales & Leases; Warranties, Product Liability, & Consumer Law Week 13 Negotiable Instruments; Checks and Banking in the Digital Age Week 14 & 15 Security Interests, Creditors Rights, & Bankruptcy; Agency; Employment Law Week 15 Exam 4 Page 4 of 9

5 IV. ACCOMMODATIONS: EQUAL OPPORTUNITY: South Plains College strives to accommodate the individual needs of all students in order to enhance their opportunities for success in the context of a comprehensive community college setting. It is the policy of South Plains College to offer all educational and employment opportunities without regard to race, color, national origin, religion, gender, disability or age. In this class, the teacher will establish and support an environment that values and nurtures individual and group differences and encourages engagement and interaction. Understanding and respecting multiple experiences and perspectives will serve to challenge and stimulate all of us to learn about others, about the larger world and about ourselves. By promoting diversity and intellectual exchange, we will not only mirror society as it is, but also model society as it should and can be. SPECIAL SERVICES: Students with disabilities, including but not limited to physical, psychiatric, or learning disabilities, who wish to request accommodations in this class should notify the Disability Services Office early in the semester so that the appropriate arrangements may be made. In accordance with federal law, a student requesting accommodations must provide acceptable documentation of his/her disability to the Disability Services Office. For more information, call or visit the Disability Services Office through the Guidance and Counseling Centers at Reese Center (Building 8) , or Levelland (Student Services Building) ELECTRONIC ASSIGNMENTS: This class will involve the use of the Internet and some access to discussion groups, forums, bulletin boards, programs and/or chat rooms in order to complete the objectives of this class. Topics assigned by the instructor will be relevant to the objectives of this course. DISCLAIMER: This is to notify you that the materials you may be accessing in chat rooms, bulletin boards or unofficial web pages are not officially sponsored by South Plains College. The United States Constitution rights of free speech apply to all members of our community regardless of the medium used. We disclaim all liability for data, information or opinions expressed in these forums. V. DATES TO REMEMBER: Sept. 1 (M) Labor Day holiday, no SPC classes. Oct. 10 (F) Fall break, no classes & all offices closed. Nov. 3 (M) Applications for December 2014 graduation candidates due. Nov. 13 (Th) online registration opens. Nov. 18 (Tu) Last drop day for all SPC courses. Nov (W-F) Thanksgiving break, no SPC classes. Dec (Mon.-Thurs.) Final Exams. BUSG (M/W 11-12:15 class) final on Dec. 8 (Mon.), 10:15-12:15 p.m., Levelland. BUSG (M/W 4-5:15 p.m. class) final on Dec. 8 (Mon.), 3:15-5:15 p.m., Reese. BUSG (Tu/Th 1:00-2:15 p.m. class) final on Dec. 11 (Th), 10:15 a.m.-12:15 p.m., Levelland. (syllabus revised 8/21/14 subject to revision) Page 5 of 9

6 BUSG 2305 Fall 2014 Section 001 (M/W, 11:00 a.m.-12:15 p.m.) Section 002 (Tu/Th, 1:00-2:15 p.m.) Section 200 (M/W, 4:00-5:15 p.m.) CASE WRITE-UP INSTRUCTIONS 1. At the top of your paper, include your name, class information, and section number. Case information should include the case identified by the chapter number and case number in text; the title for the case (Lynch v. James); and, if your decision is in favor of ruling for the defendant and defendant s name (Defendant James) or if decision is in favor of ruling for the plaintiff and plaintiff s name (Plaintiff Lynch). You are to assume that each case is being prepared for a trial court (first time to be heard), so the plaintiff s name should always appear first. 3. Facts: Briefly summarize the pertinent facts in case scenario using your OWN words. 4. Issue: This is the question for your client (plaintiff or defendant) that you want to pose to the court. It is the dispute that is to be resolved. 5. Decision: This is the decision and recommendation based on your arguments (reasons) that you as the Plaintiff or Defendant representative feel that the court should reach. 6. Reason: This should include any issues or information fully explained that can possibly defend your decision for the Plaintiff or the Defendant. This analysis can come from any of the following: describing your understanding of the law as it applies to the issue; general rules; specific laws that apply; similar cases; information from other legal sources; and reliable internet resources (not Wikipedia). Information from resources outside the textbook may also add points to the grade on the case. 7. Citations: Must include your resources of information. Do NOT use Wikipedia as a resource! 8. Neatness counts!!!! Cases and questions from the chapters should be keyed and printed when turned in. If these are handwritten instead of printed, 15 points will be deducted. Handwritten work will still be accepted, but it MUST be legible or it will not be graded. Cases must be submitted by due date or receive deductions for turning in late (as indicated on syllabus). Example scenario Case 24-8 Warranty of Habitability. Three-year-old Nkenge Lynch fell from the window of her third-floor apartment and suffered serious and permanent injuries. There were no window stops or guards on the window. The use of window stops, even if installed, is optional with the tenant. Stanley James owned the apartment building. Zsa Zsa Kinsey, Nkenge s mother filed a suit on Nkenge s behalf in a Massachusetts state court against James, alleging in part a breach of an implied warranty of habitability. The plaintiff did not argue that the absence of stops or guards made the apartment unfit for human habitation but that their absence endangered and materially impaired her health and safety, and therefore the failure to install them was a breach of warranty. Should the court rule that the absence of window stops breached a warranty of habitability? Should the court mandate that landlords provide window guards? Why or why not? Based on the above scenario, the student s case write-up would be prepared similar to what follows. Page 6 of 9

7 Student s Name BUSG Case #24-8, Lynch v. James Defendant James FACTS: Stanley James owns the apartment building where three-year-old Nkenge Lynch fell from her third-floor apartment window and suffered serious and permanent injuries. The mother of the three-year-old filed suit against the defendant arguing that the absence of window stops endangered and materially impaired her health and safety, and the failure to install them was a breach of an implied warranty of habitability. ISSUE: To prove that the defendant, James, is liable for the child s injuries, the plaintiff, Lynch, must prove that there was a breach of an implied warranty of habitability. Is the absence of window stops a breach of an implied warranty of habitability, and should it be mandated that landlords provide window guards? DECISION: The defense feels that the defendant, James, should not be held liable for the child s injuries since there has not been a breach of an implied warranty of habitability. Defense also feels that it should not be mandated by this court that landlords provide window guards. REASONS: According to the author of the text, an implied warranty of habitability is an implied promise by a landlord that rented residential premises are fit for human habitation that is, in a condition that is safe and suitable for people to live in. At FindLaw.com, according to the ABA Family Legal Guide, Renting Residential Property, The implied warranty of habitability requires substantial compliance by the landlord. Thus, the landlord does not have to correct every building code violation to satisfy the warranty. Forty-two states, including Massachusetts where this case originates, have adopted the implied warranty of habitability. Landlords do have the duty to provide a livable space to tenants, which means that the landlord maintains the premises in a condition that is suitable for living purposes. Defense argues that the absence of window stops or guards is not a condition sufficient to raise a question of fact as to the habitability of the apartment. A condition that endangers or impairs health or safety and causes injury violates the warranty of habitability if the condition relates to habitability. In other words, the condition, or physical facility, must be vital to the use of the leased premises. Defense also reasons that because the actual use of stops, even if installed, is optional with the tenant, we do not think that they reasonable can be regarded as vital to the use of the unit. As for whether window guards should be mandatory, defense argues that this is a matter best determined by the legislature or appropriate rule-making authorities of the state and not the job of the court. Citations: Business Law Today, 10 th Edition, Chapter 24, pgs. 692 and Page 7 of 9

8 BUSG 2305, Business Law/Contracts Learning Outcomes: 1. Define fundamental legal terminology regarding contracts, torts, and property. 2. Differentiate between business ethics and legal issues. 3. Identify and explain required elements of torts. 4. Identify and explain required elements of contracts. 5. Differentiate between the common law, constitutional law, statutory law, administrative law, tort law, and criminal law. 6. Explain the common law tradition. 7. Apply basic concepts of tort law to business. 8. Describe the basic elements of a contract. 9. Define jurisdiction and venue and the differences between. 10. Define standing or standing to sue. 11. Explain a typical state court structure. 12. Explain the federal court structure. 13. Describe how cases reach the U.S. Supreme Court. 14. Explain what is meant by judicial review. 15. Identify and explain methods of alternative dispute resolutions. 16. Explain pretrial procedures and motions. 17. Explain posttrial motions. 18. Explain the purpose of the Bill of Rights and the rights granted. 19. Describe the basis of tort law. 20. Give examples of intentional and unintentional (negligent) torts against persons and against property. 21. Explain what is meant by strict liability and the circumstances where strict liability is applied. 22. Describe cyber torts and how tort theories are applied in cyberspace. 23. Give examples of intellectual property. 24. Define trademarks and patents and how they are protected by law. 25. Identify what is protected under copyright laws. 26. Define trademarks and how they are protected by law. 27. Define how intellectual property rights are being protected in today s digital age. 28. Identify what two elements must exist before a person can be held liable for a crime. 29. Explain what is meant by white-collar crime. 30. Give examples of types of white-collar crimes. 31. Describe the defenses that might be raised by criminal defendants to avoid liability. 32. Explain the constitutional safeguards that exist to protect persons accused of crimes. 33. Explain the major procedural steps in the criminal process. 34. Describe the function of contract law. 35. Explain the basic requirements of a contract. 36. Identify the types of contracts. 37. Explain the requirements of an offer and termination of an offer. 38. Explain valid methods of acceptance of a contract. Page 8 of 9

9 39. Describe elements of contracts with minors, intoxicated persons, and mentally incompetent persons. 40. Give examples of defenses in contracts: mistakes, fraudulent misrepresentation, nonfraudulent misrepresentation, undue influence, duress, adhesion contracts and unconscionability. 41. Explain the Statute of Frauds concerning contracts. 42. Describe the methods of discharge or termination of a contract and give examples by performance, by agreement, by operation of the law. 43. Explain what is meant by rescission and by restitution in contract law. 44. Explain what is meant by a quasi contract remedy. 45. Explain what is meant by shrink-wrap, click-on, and browse wrap agreements. 46. Describe what is meant by an electronic signature. 47. Identify the major provisions of the Uniform Electronic Transaction Act (UETA). 48. Explain the factors that determine whether a seller s or lessor s statement constitutes an express warranty or mere puffing. 49. Explain how implied warranties are formed. 50. Explain how express warranties are formed. 51. Describe what is meant by strict product liability. 52. Indicate the defenses to product liability. 53. Give examples major federal statutes providing consumer protection. 54. Describe the four types of negotiable instruments with which Article 3 of the UCC is concerned. 55. Explain what requirements an instrument must meet to be considered negotiable. 56. Describe the requirements for attaining holder in due course (HDC) status. 57. Define the areas of signature liability. 58. Define the defenses to liability for holders only. Define the defenses to all holders (ordinary holders and HDC s). 59. Explain the responsibilities and liabilities of a bank and of a customer in the bank-customer relationship. 60. Explain what is meant by e-money and how is it stored and used. 61. Identify the laws that apply to e-money transactions and online banking services. 62. Describe what is meant by employment-at-will doctrine. 63. Identify federal laws pertaining to worker health and safety, income security, family and medical leave, employee privacy rights. 64. Explain federal acts that prohibit discrimination in the workplace. 65. Describe possible defenses to claims of employment discrimination. Page 9 of 9