BLW 335 - BUSINESS LAW

College of Business, Stephen F. Austin State University

Note: This "standard" course syllabus is only a guide. Actual requirements for a particular course and section of this course are described in the course section syllabus, which should be obtained from the course instructor at the beginning of the respective semester. Requirements listed herein are subject to change without notice.

Course: BLW 335 - Business Law

Catalog Description:
An examination of various laws and legal relationships, which are significant in business, including torts, product liability, intellectual property, contracts, cyberlaw/e-commerce, business organizations, agency, guaranty/suretyship, personal property, bailment,  international and comparative law, business ethics, and related subjects.

Prerequisites: Junior standing

Learning Objectives: Upon completion of this course, the student should be able to:

1. Recognize the legal terms introduced in the course and apply or relate these terms to specific situations.
   
   
2. Analyze information to recognize legal issues and legal problems in fact situations and to determine what legal principle(s) should be applied.
   
   
3. Integrate knowledge of the legal principles that are covered to solve problems that are unfamiliar.
   
   
4. Apply problem-solving skills to legal issues, using logic and critical thinking.
   
   
5. Appreciate and identify ethical dilemmas in the business/legal context and use ethical reasoning in decision-making.
   
   
6. Describe the impact of constant change and lack of certainty, which are inherent aspects of the U.S. legal system.
   
   
7. Develop an awareness of the need for a continuing acquisition of new knowledge about changes in the law.

Topics/Components:
I. Introduction to the nature of law and the legal system, alternate dispute resolution, and the constitutional authority to regulate business

II. Ethics and business decision-making

III. Torts

A. Intentional torts
B. Negligence and strict liability
C. Business torts
D. Cyber Torts

IV. Forms and ownership of intellectual property

A. Trademarks, including Cyber Marks
B. Patents
C. Copyrights
D. Trade Secrets

V. Criminal Law

A. Corporate Criminal Liability
B. White Collar Crimes
C. RICO
D. Cyber Crimes

VI. Contracts

A. Nature and classification of contracts; express, implied, quasi-contract
B. Agreement: offer and acceptance, termination of offers
C. Consideration
D. Contractual capacity: minority, mental incompetence, intoxication
E. Legality: Contracts contrary to statutes, contracts contrary to public policy, unconscionability
F. Genuineness of mutual assent: mistake, fraud, undue influence, duress, adhesion contracts and unconscionability
G. Statute of Frauds and the parol evidence rule
I. Third-party rights: assignment of rights, delegation of duties, third party beneficiaries
J. Performance and Discharge of contracts: conditions, full and substantial performance, agreement, excuse, operation of law
K. Remedies for breach of contract: monetary damages, rescission and restitution, equitable remedies
L. E-Contracts

VII. Warranties and Products Liability

A. Express and Implied Warranties
B. Limitations and disclaimers
C. Theories of product liability, including strict liability, and defenses

VIII. Agency Law

A. Creation of the agency relationship
B. Rights and duties between principal and agent
C. Termination of the agency relationship: by acts of the parties, by operation of law, wrongful termination, irrevocable agency
D. Authority of agents: express, implied, apparent
E. Liability to third parties: contract liability, tort liability, liability for independent contractors

VIII. Business Organizations: Sole Proprietorships, General Partnerships, Limited Partnerships, Limited Liability Partnerships, Corporations, Limited Liability Companies, Franchises, Joint Ventures

IX. Other business laws and legal relationships

A. Ownership of personal property
B. Bailments: creation, types, duty of care, liability
C. Sureties and guarantors
D. International and comparative business law

Other legal topics may be covered at the discretion of individual faculty members.

Textbook:
West’s Business Law, Clarkson, Miller, Jentz & Cross, 10th Ed. (West, 2006);
Suggested: Study Guide and Test Preparation to Accompany West’s Business Law,
Miller & Hollowell, 10th Ed. (West, 2006)

Evaluation:
There will be a minimum of four exams, which may include objective and/or essay questions. Written exercises are required in some sections, but there are no extensive research papers required at this time. Additional assigned reading material, case briefing, chapter case problem analysis, individual and group problem solving/legal analysis projects, and/or light legal research activities may be required by individual instructors.