Business Law Course Guide (BMG542)
Business Law Course Guide (BMG542)
Business Law Course Guide (BMG542)
BMG 542
Business Law
Course Guide
ii WAWASAN OPEN UNIVERSITY
BMG 542 Business Law
COURSE TEAM
Course Team Coordinator: Dr. Teoh Ai Ping
Content Writers: Mr. Harkiranpal Singh, Prof. Dhurendra Dutt Kaushik, Ms. Ivy Fernandez
Instructional Designer: Ms. Pooja Ashok Nadkarni
Academic Members: Mr. Harkiranpal Singh, Prof. Dhurendra Dutt Kaushik, Prof. Chee Kim Loy
COURSE COORDINATOR
Dr. Alexandra Kang
PRODUCTION
In-house Editor: Ms. Pooja Ashok Nadkarni
Graphic Designer: Ms. Valerie Ooi
Wawasan Open University is Malaysia’s first private not-for-profit tertiary institution dedicated to
adult learners. It is funded by the Wawasan Education Foundation, a tax-exempt entity established
by the Malaysian People’s Movement Party (Gerakan) and supported by the Yeap Chor Ee Charitable
and Endowment Trusts, other charities, corporations and members of the public.
The course material development of the university is funded by Yeap Chor Ee Charitable and
Endowment Trusts.
All rights reserved. No part of this publication may be reproduced in any form or by any means without
prior written permission from:
Contents
Course Guide
1.0 Studying at WOU using the distance learning 1
mode
Course organisation 7
Objectives 8
Outcomes 8
Course assessment 8
Tutors 13
Study schedule 14
TMA policy 14
Assessment 17
Examination 17
Examination policy 18
iv WAWASAN OPEN UNIVERSITY
BMG 542 Business Law
Passing marks 18
WOU has adopted the open distance learning mode as a key element to facilitate
the implementation of programmes that will provide you with opportunities
for lifelong learning. Our flexible learning programmes will meet the needs of
working adults who are unable to study on-campus full-time five days a week for
four to five years and yet yearn for an accredited qualification or personal interest
enrichment without leaving their homes and jobs.
Tutorials are usually held on weekends at either the WOU campus or at strategically
located and well-equipped Regional Centres. You can attend your tutorials at the
Learning Centre closest to your residence. A schedule of tutorials will be sent
to you at the beginning of each semester. These sessions provide a platform for
you to clarify any queries regarding your courses with your tutor and for you to
exchange ideas with your coursemates. This would certainly boost your study skills
and self-confidence.
Your achievement in our courses will depend on your performance in both the
continuous assessments and the final examination.
2. The changed role of the tutor who meets learners only for selected tasks
such as counselling, conducting tutorials and collaborating with learners
to solve their problems.
For you, the overriding benefit of ODL is that it gives you access to education that
you would not have otherwise. Only a minority of adults can afford to stop work
in order to further their studies. ODL allows you to study when and where it suits
you and enables you to continue learning while fulfilling your commitments to
family, work and community.
You may be pursuing higher education for various reasons. You could be interested
in changing careers or you might simply want to expand your knowledge base for
work or personal reasons. You might even want to pursue a degree or postgraduate
programme that was postponed due to family or career needs.
In this regard, ODL is able to cater to your needs as you may not have the time,
financial resources or educational background to be a full-time student on campus.
Thus, distance education is a means to deliver accessible and affordable education
to you. It is important for you to bear in mind that in ODL you are not working
alone on your journey to a degree. We encourage you to make full use of the
facilities and opportunities during your study at WOU especially in getting to know
fellow students with whom you can work to achieve your dreams and aspirations.
You should always make an attempt to attend all scheduled tutorials, form study
groups with your coursemates, check for latest updates on WawasanLearn, participate
in e-forums and contact your tutors. Your tutors are there to help you understand
the course materials, to clarify any subject matter you have difficulty following and
to collaborate with you to enhance your learning experience. They are not there to
give a lecture or to answer your assignment questions for you. The email address
and telephone number of your tutor will be provided. Try to obtain your tutorial
coursemates’ email addresses and telephone numbers so that you can work together.
An active learning community promotes your successful completion of the course.
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BMG 542 Business Law
COURSE GUIDE 5
Section 2: Law of Contract examines issues pertaining to law that affect contracts.
We will be examining the Malaysian law of contract in detail. This section will
review the Contracts Act 1950. We will start off with the formation of contract.
We will examine the essential of contracts in Malaysia. We will also discuss about
the capacity to contract and the defects in a contract. Issues on void and voidable
contracts will also be discussed here. Finally, discharge of contract and the remedies
for breach of contract will also be discussed
Section 3: Sale of Goods discusses the legal issues pertaining to those contracts
which fall within the definition of Sale of Goods Act 1957. We will discuss which
goods fall within the definition of s.2 Sale of Goods Act 1957. We will also discuss
the difference between a contract of sale and an agreement to sell. Formation of
contract and the terms of contract will also be examined. We also review when
transfer of property and title takes place. Finally, performance of the contract,
remedies for breach of contract and the rights of buyer and seller will be examined
under this section.
Section 4: Agency — Part X of Contracts Act 1950 illustrates the role and
importance of agency as a concept in modern business. We will discuss how agency
is created. We will also discuss the duties of a principal to the agent. A discussion
on the authority and obligations of the agent are also included. Finally, there will
be a discussion on how agency can be terminated.
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BMG 542 Business Law
Section 8: Partnership Law considers legal issue pertaining to firms formed through
partnership. We will look at the definition of partnership in the Partnership Act. We
will also examine the nature, formation and duration of partnership. We will also
review the relationship between partners and third parties as well as the relationship
between partners themselves. The rights, obligations and liabilities of partners will
also be examined here. Finally, issues like partnership property, shares in partner and
assignment plus how partnership can be dissolved will also be discussed.
Section 10: Consumer Protection Act 1999 examines the need for and the status of
consumer protection in Malaysia. This section will examine the Consumer Protection
Act 1999. Issues like remedies available to consumers if there are false, misleading
and deceptive promotions by companies will also be discussed. What punishment is
available will also be examined. Finally, this section will address the role of tribunals
for consumer claims and the implications that the consumer protection laws have
on the businesses.
Section 12: Copyright Law examines the issue pertaining to law on copyright in
Malaysia. We will review the basic principles of copyright. We will examine the issue
on originality and how to qualify for copyright protection in Malaysia. The duration
for copyright protection will also be examined. We will also look at authorship
and joint authorship. We will also examine the issue on who has the copyright if
the work is made during the course of employment or under the directive of the
government. Finally, we will discuss the issue on infringement and the statutory
exceptions available in copyright.
Section 13: Law of Trade Marks discusses two main issues. They are the law of
passing off and the Trade Marks Act 1976. We will discuss how statute and common
law protects both registered and unregistered trademarks.
Course organisation
Objectives
The objectives of this course are to:
Outcomes
By the end of this course, you should be able to:
2. Describe the legal provisions of copyright, trade mark, cyber law, negotiable
instruments, consumer protection, and employment laws.
3. Discuss between the legal provisions and obligations for organisations and
their managers.
Course assessment
This course is designed to help you move easily from the stated objectives through
the required readings, self-tests, practice exercises and tutor-marked assignments
(TMAs) to a final examination. In an assessment, you will be expected to:
2. Integrate course concepts and knowledge with your own experience and
observations.
The TMAs and an examination are designed to test and facilitate your progress.
To complete the course successfully, you are required to pass both the continuous
assessment and the final examination.
You are required to complete two TMAs for this course. For TMA submission
deadlines, please refer to the Online Assignment Submission (OAS) system and
WawasanLearn.
The TMAs are timed to allow for feedback on one TMA before the next one
is due. They require you to apply the concepts introduced in this course. In all
cases, you need to show an ability to write various types of text effectively to
complete the tasks prescribed in the TMAs. The weightage of the TMAs are:
TMA 1 (25%) and TMA 2 (25%).
For case study questions, you are required to use the following written case format.
• Course Guide.
Apart from WawasanLearn and tutorials, WOU is mindful of the need to support
you throughout the course. Our Regional Centres are well-equipped and staffed
to attend to your queries whenever they arise. We have Regional Centre Directors
and tutors who will be glad to listen to you. The Regional Centre staff will link
you to the relevant person when there is a need. The Regional Centres have
access to the WOU campus in Penang and are also able to contact the Course
Coordinator when required to do so.
This course is supported by the Learning Management System (LMS). You can
find course materials and the latest course information in the LMS known as
WawasanLearn. Access to WawasanLearn is by way of a single login password
entry into the Student Portal and you can “click” into the course sites and
associated e-forums. You can also communicate with your tutors, the Course
Coordinator and your coursemates using WawasanLearn.
Self-help groups
You are advised to organise informal meetings between your coursemates from
the same tutorial group. We want to emphasise the benefits of such activities as
the collaboration and interaction will be most useful in supporting your efforts to
complete your TMAs and to form a learning community. These meetings which
are purely voluntary provide a way for you to help one another.
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BMG 542 Business Law
Prof. Dhurendra Dutt Kaushik joined WOU in 2008 as a course coordinator for
Business Law. Prof Kaushik, a distinguished academic, started teaching law at Meerut
University — renamed Chaudhary Charan Singh University. Prior to joining WOU,
he was a Professor at the HR Institute of Professional Management, Ghaziabad,
Uttar Pradesh.
COURSE GUIDE 13
T o assist you in this course, the appointed tutor will conduct five tutorials. Each
tutorial is two hours long and is held during weekends. Tutorials are face-to-
face sessions that enable you to exchange ideas and experiences and also initiate
contact with others. This will benefit you.
Note: These sessions complement distance learning materials and are not intended
to replace them in the form of lectures. In this course, the primary means of
learning is through WOU course materials, reference books and online references.
Tutors
The appointed tutors will:
• Conduct tutorials.
Tutors are your first point of contact with WOU. If you need any information
or have any problems, please speak to the tutors before contacting the Course
Coordinator.
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BMG 542 Business Law
Study schedule
You will have to spend approximately 120 hours to read the course materials, respond
to the exercises, assessments and cases, as well as to do your assignments. Table 1
provides a guideline for the time commitment that is required for each section.
Activities/
Self-tests/ Total
Units Reading TMAs
Review hours
questions
Introduction to Business Law, 20 15 — 20
Contract Law and Sale of Goods
C o m m e rc i a l L a w s — A g e n c y, 10 10 5 23
Insurance and Negotiable Instruments
Company Law and Participating Law 10 10 — 26
Em p l oy m e n t L a w, C o n s u m e r 10 10 5 30
Protection Act 1999 and Alternative
Methods of Dispute Resolution
Copyright Law, Law of Trade Marks 10 5 — 21
and Cyberlaw
Total hours 60 50 10 120
This is a schedule of the estimated hours for this course. You can check your
understanding of concepts through self-assessment questions and applications of
conceptual models to other exercises. In addition, you are expected to read and
analyse a number of cases. You are encouraged to work on the case study questions
once you have understood the concepts thoroughly.
TMA policy
The assignment policy of the University as stated in the Student Handbook
should be observed. You are required to submit the TMAs for a course in
accordance with the deadlines published in WawasanLearn. Please submit your
TMAs early.
Online submission
Please attach the right file for online TMA submission. In the event where you
have submitted the wrong TMA, you may apply for TMA resubmission from
the OAS system. Note that your application to resubmit your TMAs is subject
to your Course Coordinator’s approval. To submit your TMAs online and for
further details, you have to log onto https://assignment.wou.edu.my.
COURSE GUIDE 15
You may apply via the Online Assignment Submission (OAS) system for a
submission extension on the grounds of illness, accident, disability, bereavement
or other compassionate circumstances. Applications for extensions of up to
seven days should be applied through the OAS system to the tutor who will
consider valid and unexpected emergencies on an individual basis. The tutor will
also decide and advise you of the revised date for submission. Applications for
extension should be lodged before or on the due date. To submit your extension
application and for further details, you have to log onto: https://assignment.wou.
edu.my/onlineExtension.asp.
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BMG 542 Business Law
COURSE GUIDE 17
You are expected to learn and fully utilise the course materials provided along with
the references recommended for this course. Besides that, you are strongly encouraged
to read extra materials related to this course and discuss topics of interest with your
coursemates from time to time.
Some of you learn best on your own but many of you learn through discussions
with your coursemates. Opinions and insights which you gather while discussing
with your coursemates are as valuable as those that you can acquire from reading
and attending tutorial sessions. By discussing the course objectives and testing one
another’s understanding, you will be able to help yourself and your coursemates in
your studies.
When you submit your assignments, you should not present the work of others as
your own work. This includes submitting an assignment or part of an assignment
which has been written jointly with other persons or has been copied in its entirety
or in part without acknowledgement from the work of other persons, whether
published or otherwise. Such actions or attempts are considered as academic
dishonesty (plagiarism). If you have violated this regulation, you will be liable to
proceedings and other disciplinary action as specified by the University.
Examination
The final examination will be conducted at the designated examination centre after
the one-week study break. The final examination will be a proctored examination.
Duration: 3 hours
Section A comprises 40% of the total weightage of this paper and would be
compulsory. This section consists of one case study which you would be required
to analyse based upon the questions given at the end of the case.
Section B comprises 60% of the total weightage of this paper. You will choose three
out of five questions in this section. This section consists of short questions that
would test your understanding of the operations management concepts and their
application. All questions in this section will carry equal marks.
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BMG 542 Business Law
The final examination contributes 50% of the total course marks. The overall
assessment will be constituted as follows:
Types Weightage
TMA 1 25%
TMA 2 25%
Final examination 50%
Total course marks 100%
Examination policy
You are required to attend all scheduled examinations that make up a final grade
at the appointed time and place.
Students who are experiencing illness or a personal crisis and are unable to sit
for any examination have to state [in writing] to the Registrar the reasons for
their absence. Each submission must be supported by valid documents within
seven (7) days from the date of the examination and will be considered by the
University on its merits and on a case-by-case basis.
Passing marks
The grade for a course is assigned based on the overall score, which combines both
the continuous assessment and the final examination component. You are advised
to submit your TMAs and sit for your final examination. The marks for both
TMAs will contribute to the continuous assessment component. Please refer to
the Student Handbook under the Assessment and Examinations section for further
details pertaining to achievement of overall marks for the courses that you have
enrolled.
This course does not seek to produce lawyers but to provide you with an insight
into the working of the law. As most of you taking this course would not have been
exposed to any legal studies, a fair amount of time during tutorials will be taken up
in learning the most appropriate method of approaching, interpreting and analysing
legal problems in business context. Throughout the course, the emphasis will be on
developing your level of awareness on the type of legal issues and problems that you
may encounter in the commercial world. If you look at the content of this course,
you will realise how intimately linked the aspects of these laws are to your own
daily life. When you buy everyday groceries or rent a house, you are entering into
contracts. Your business firm may display a partnership relation and while buying
shares or real estate, you enter into agency relationship.