SSM/N216

LAW AND MANAGEMENT

GRAEME LOCKWOOD

SEMESTER 1 2017
LECTURE 1 –
AN INTRODUCTION TO THE
COURSE & THE LAW IN
CONTEXT
1
 Learning Outcomes
• To enable students to understand the main sources
of law including European Law
• To introduce the basic concepts of tort and contract
law and to develop problem solving techniques.
• On completion of the course, students should be
able to:
• Describe the nature, role and significance of law in a
modern society
• Apply and evaluate the areas of substantive law
relating to tortious liability and contract

2
 Course Information
• Module outline on KEATS with tutorial questions
• Past exam papers and self test questions
• Specimen answers
• Weekly lectures and tutorials
• Tutorials commence in week 2
• Module text books – Elliot and Quinn Tort & Contract
• Tutorial Assessment
• In class test
• Three hour examination

3
 Course Assessment
• 10% Tutorial assessment (Assessed Presentation)

• 15% In-class tutorial test

• 75% 3- hour end of course examination

4
 Tutorial Assessment
ASSESSED PRESENTATION (10 per cent of marks)

•A COPY OF THE POWERPOINT PRESENTATION MUST

BE SUBMITTED BY 17.00 ON THE DAY PRIOR TO THE
TUTORIAL ON WHICH THAT GROUP IS PRESENTING . A
HARD COPY MUST ALSO BE PROVIDED AT THE
TUTORIAL.

•COPIES – WILL NOT BE RETURNED

 
•Attendance and participation in tutorials is important as the
in course test and final examination will be based on similar
style questions.
5
 TIME CONSTRAINED TEST
• LAW AND MANAGEMENT TUTORIAL
TIME CONSTRAINED TEST
• DAY:   Friday           
• DATE :   10TH November
• START TIME :  12:30  FINISH TIME :  
13:45
• ROOM :  K6.29

6
 Studying Law
• Reading

• Case Law – must be able to learn and apply case

law

• Critical perspective of law encouraged

• Application of law to solving problems

• CLEO
7
Answering Legal Problem Questions
 What is CLEO?
A Four step method of legal analysis and
writing:
• CLAIM;
• LAW;
• EVALUATION; and
• OUTCOME
SEE Handbook

8
 Setting the Scene

The Business Legal System

• Resolution of conflicts
• Business ethics
• The business environment
• Legal framework of business relationships
• Importance of business law
• Civil / criminal law
• Sources of law
• Court structure

9
 The Purpose of Management Law
1)Remedying of private grievances
2)Control of anti- social activities
3)Regulation of harmful activities
Areas of Law Applicable
• Tort law
• Contract law
• Consumer protection
• Employment offences under Health and Safety
legislation
• Licensing
• Unfair trading practices

10
 Importance of Law to Business
• Provision of practical / comprehensive framework

• Ensuring legitimate protection of interested parties

• Consequences of failure to comply with the law

• Reasons for developing legal knowledge and skills

11
 The English Legal System
LAW MAKING INSTITUTIONS
• The European Union
• Parliament (Sovereignty of Parliament)
• The Courts
Case Law Judicial precedent / stare decisis

Terminology:
Civil law claims - Claimant, (pre 1999 –plaintiff)
sues defendant for damages.
Criminal law cases– accused, prosecution,
defence, punishment

12
 Judicial Precedent
HIERARCHY OF COURTS
European Court of Justice
Supreme Court
Court of Appeal
High Court HIGHER COURTS
County Court LOWER COURTS
Magistrate Courts

13
 Tort

• Civil Wrong
• Tortfeasor
• Tortious matter
• Claimant (pre-1999 – plaintiff)
• Defendant
• Remedies
• Compensation / damages

14
 Burden and Standard of Proof

• Burden = who must provide proof – Claimant

• Standard in civil claims

Balance of probabilities

• Standard in criminal claims

Proof beyond a reasonable doubt

15
 Tort – An Overview

• WINFIELD’S DEFINITION

‘Tortious liability arises from a breach of duty

fixed by law; this duty is owed to persons
generally and its breach is redressible by an
action for unliquidated damages.’

16
 The Tort of Negligence
Defined by Winfield as ‘ the breach of a legal
duty to take care which results in damage
undesired by the defendant, to the claimant.’
Elements of Negligence
- (i) Defendant owed the claimant a duty of care

- (ii) Defendant was in breach of this duty

- (iii) Consequential loss which is not too remote

was suffered by claimant.
17
Illustrative example from employment
context
Employers have a duty to protect employees from physical
injury. The question to be asked is whether the employer
took reasonable care for the employee’s safety.

Duty defined in Wilsons & Clyde Coal Co v English (1938)

The House of Lords held that the employer must provide:
proper and safe plant and equipment. (See pages 159-162)

• safe systems of work, with adequate supervision and

instruction
• safe premises, including safe access and egress
• safe and competent employees.

18
 Illustrative example in consumer rights
context
Donoghue v Stevenson [1932]
•F bought D a bottle of ginger beer. Bottle opaque.
Consumed a glassful – refilled glass out came a
decomposing snail – D became ill- sued manufacturer.

•Succeeded in claim – as end user somebody who

reasonably foreseeably would be affected by the way
manufacturer processed product

19
 NEXT TIME
• Purpose of the tort of negligence

• Negligence and compensation claims

• Development of duty situations

• Problem areas

• Breach of Duty (Second Essential Element of Negligence)

20
Find us on the 1st floor of the Franklin Wilkins Building outside
the library
Monday 25th – Friday 29th September
Find us on the 1st floor of the Franklin Wilkins Building
outside the library
Monday 25th – Friday 29th September
 TWO CORE TEXTS FOR SALE
Find Blackwell’s on the 1st floor of the Franklin
Wilkins Building outside the library
Monday 25th – Friday 29th September