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PELLISSIPPI |
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CONTRACTS & UCC |
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Class Hours: 3.0 |
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Credit Hours: 3.0 |
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Laboratory Hours: 0.0 |
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Revised: Fall 09 |
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NOTE: This course is
not designed for transfer credit. |
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Catalog Course
Description: |
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Fundamental principles
concerning the formation, performance, and enforcement of personal and commercial
contracts; sales and secured transactions under the Uniform Commercial Code;
and overview of federal and state law regulating consumer credit and
collection procedures. |
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Entry Level Standards: |
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College-level
competencies in logic, reading, and English are required. |
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Prerequisites: |
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LAW 1000 and LAW 1060 for PARS majors; no prerequisite
for MGT majors |
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Textbook(s) and Other
Course Materials: |
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Barnes, Dworkin, and Richards, Law for Business, 10th Ed.
(McGraw-Hill Irwin, 2009 |
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I. Week/Unit/Topic
Basis: |
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Week |
Topic |
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1 |
Introduction; Law,
Legal Reasoning, and the Legal Profession; Business Ethics and Corporate
Social Responsibility (3 hours) |
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2 |
Business and
the Constitution (1.5 hours); Licensing and Intellectual Property (1.5 hours) |
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3 |
The Nature and
Origins of Contracts (1.5 hours); Creating a Contract: Offers (1.5
hours) |
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4 |
Creating a
Contract: Acceptances (1.5 hours);
Consideration (1.5 hours) |
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5 |
Capacity to Contract
(1.0 hour); Voluntary Consent (1.0 hour); Illegality (1.0 hour) |
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6 |
Form and
Meaning of Contracts (1.0 hour); Third parties’ Rights (1.0 hour);
Performance and Remedies (1.0 hour) |
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7 |
The UCC:
Formation of Sales and Lease Contracts(1.5 hours); Warranties and Product
Liability (1.5 hours) |
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8 |
Performance
(1.5 hours); Remedies for breach of sales contracts (1.5 hours) |
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9 |
Agency and Employment:
Agency (1.0 hour); Principles and 3rd parties (1.0 hour);
Employment Laws (1.0 hour) |
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10 |
Negotiable
Instruments (1.5 hours); Negotiation, Holder in Due Course (1.5 hours) |
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11 |
Liability of Parties
and Commercial Paper (1.5 hours); Checks and Electronic Fund Transfers (1.5
hours) |
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12 |
Credit
Transactions (1.5 hours) and Security Interests (1.5 hours) |
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13 |
Antitrust Laws (1.5
hours), consumer Protection Laws (1.5 hours) |
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14 |
Insurance (3.0 hours) |
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15 |
Final
Examination |
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II. Course Objectives*: |
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A. |
Understand legal principles
governing commercial contract formation and enforcement. I, II, III,
IV, V |
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B. |
Understand the basic law of
commercial paper and secured transactions. I, II, III, IV, V |
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C. |
Collect relevant data and draft
initial documents to assist the attorney in commercial cases. I, II,
III, IV, V |
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D. |
Continue developing a legal
vocabulary. I, II, III, IV, V |
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*Roman numerals after course
objectives reference goals of the Paralegal Studies program. |
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III. Instructional
Processes*: |
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Students will: |
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1. |
Practice
elements of the work ethic such as professionalism, preparedness,
punctuality, honesty, cooperation, dependability, contribution,
effectiveness, good manners, etc. Active Learning Strategy, Transitional
Strategy |
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2. |
Refine reading skills and expand legal vocabularies through completion
of weekly guided reading exercises that allows more effective communication
with lawyers and other professionals. Communication Outcome, Active
Learning Strategy, Transitional Outcome |
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3. |
Strengthen analytical skills by locating court cases and
statutes in the |
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4. |
Examine ethical issues related to legal representation,
unauthorized practice of law, confidentiality, duty of legal professional to
provide legal services, etc. Communication Outcome, Transitional Strategy,
Active Learning Strategy |
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5. |
Listen to guest
speakers from the legal and business community to learn the demands for
employees who possess basic knowledge of business law topics in the work world.
Transitional Strategy |
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6. |
Develop
investigative skills using the Internet, library, and governmental agency
resources to find relevant information. Technological Literacy Outcome,
Transitional Strategy, Active Learning Strategy |
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*Strategies and outcomes
listed after instructional processes reference TBR’s goals for strengthening
general education knowledge and skills, connecting coursework to experiences
beyond the classroom, and encouraging students to take active and responsible
roles in the educational process. |
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IV. Expectations for
Student Performance*: |
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Upon successful completion
of this course, the student should be able to: |
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1. |
Demonstrate a complete and
thorough understanding of legal ethics. A,B,C,D |
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2. |
Identify the elements of a
contract. A,C,D |
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3. |
Prepare initial drafts of
contract clauses. A,C,D |
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4. |
Identify UCC forms. B,C,D |
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5. |
Determine when a holder is
a holder in due course. B,C,D |
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6. |
Prepare a stop payment
order. B,C,D |
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7. |
Recognize restrictive
endorsements. B,C,D |
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8. |
Differentiate negotiable
from non-negotiable commercial paper. B,C,D |
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9. |
Determine damages for
breach of contract. A,D |
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10. |
Determine when a contract
must be in writing to be enforceable. A,D |
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11. |
Recognize when a party
lacks the capacity to contract. A,D |
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12. |
Determine when purchase
money security interest has been created by purchase on credit. B,D |
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13. |
Draft a simple security agreement
creating a security interest. B,C,D |
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14. 15. |
Determine the priority of
claims to a debtor's collateral which is subject to perfect or
unperfected security interests. B,C,D Recognize and understand the creation and enforcement
of sales warranties. A, C, D |
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*Letters after performance
expectations reference the course objectives listed above. |
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V. Evaluation: |
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A. Testing
Procedures: |
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Students are evaluated
primarily on the basis of tests. |
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B. Laboratory Expectations: |
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N/A |
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C. Field Work: |
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Students will complete
several out-of-class skills projects which may include: |
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D. Other Evaluation
Methods: |
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1. Class participation,
group work, and homework will also comprise the final grade for the
course. The instructor will provide full details the first week of
class via a syllabus supplement. |
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E. Grading Scale: |
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A
93-100 |
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VI. Policies: |
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A. Attendance Policy: |
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B. Academic Dishonesty: |
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Plagiarism, cheating and
other forms of academic dishonesty are prohibited. A student guilty of
academic misconduct, either directly or indirectly through participation or
assistance, is immediately responsible to the instructor of the class. In
addition to other possible disciplinary sanctions that may be imposed through
the regular Pellissippi State procedures as a result of academic misconduct,
the instructor has the authority to assign an F or a zero for the exercise or
examination or to assign an F in the course. (Pellissippi State Online Catalog) |
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C. Accommodations for
disabilities: |
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Students
who need accommodations because of a disability, have emergency medical
information to share, or need special arrangements in case the building must
be evacuated should inform the instructor immediately, privately after class
or in her or his office. Students must present a current accommodation plan
from a staff member in Services for Students with Disabilities (SSWD) in
order to receive accommodations in this course. Services for Students with
Disabilities may be contacted by going to Goins 134 or 126 or by phone:
694-6751(Voice/TTY) or 539-7153. More information is available at www.pstcc.edu/departments/swd/. |
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D. Other Policies: |
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Late papers will not be
accepted nor will make-up tests will be given without specific approval of
the instructor. Computer
Usage Guidelines: |
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