Business

Law Course Outline

Course: Business Law

Instructor: Morial Shah

Office: G8, Aman CED, IBA Main Campus

Office Hours Tuesday, 11:00 am to 2:00 pm

Thursday, noon to 2:00 pm

Class Details

Class Timing and Room Main Campus, MTC 24

Credit Hours: 3 Credit Hours

Email morialshah@gmail.com, morialshah@iba.edu.pk

+92 21 38104700
Contact Number:


Course Description

This introductory course explores core legal concepts associated with Pakistani Business Law. By introducing
students to Pakistan’s legal system, this course challenges students to question, analyze and apply the law to
practical business problems.

The scope of our discussions will extend well beyond black letter laws. Through practical examples, simulations
and classroom discussions, students will learn to appreciate laws and legal processes on a dynamic and evolving
spectrum.

Our holistic study of laws across principal commonwealth jurisdictions and multiple study areas will enable
students to better engage with debates on core Business Law issues. Through adopting a nuanced and
multidimensional approach to the study of Business Law, this course will challenge students to think
independently, devise creative solutions and express their ideas coherently.

Principally, this course will explore a cross section of issues from Pakistani Constitutional Law, Tort Law, Contract
Law, Partnership Law, Labour Law and other relevant legal fields. For the most part, this course will focus on the
formation, execution and termination of commercial contracts. In so doing, students will be expected to critically
engage with legal issues affecting businesses.




 Course Objectives

• Develop awareness of legal concepts involved in business transactions

• Ensure effective use of precise legal terminology
• Explore the functioning of Pakistan’s legal system
• Improve problem solving and creative thinking skills
• Understand rights and duties of natural persons involved in simple commercial contract

Course Learning Outcomes

Knowledge Outcomes
• Understand core legal theory and Pakistan’s legal system
• Note the distinction between different legal systems and classifications of law
• Discuss and debate the distribution of power and law-making authority within Pakistan
• Evaluate basic rights and liabilities involved in situations involving civil wrongs
• Distinguish between valid and invalid contracts
• Comprehend the basis of contract formation as well as rights and obligations of parties involved
• Describe the consequences of breaching a contract
• Appreciate the nature of international contract law and contractual obligations in other commonwealth
jurisdictions
• Discuss basic partnership law

Skills/Abilities
• Developing core critical thinking and writing skills
• Learning to write grammatically sound and legally precise sentences
• Improving problem solving skills through assessments based on legal issues arising in everyday scenarios
• Honing verbal communication skills through participating in class activities, simulations and interactive
sessions
• Fine-tuning written communication skills through answering problem questions and opinion essays
• Appreciating different points of view on contentious legal, social, moral and business issues
• Evaluating grey areas of the law, critiquing clear legal areas and making reform suggestions
• Approaching complex legal problems with clear logic and coherence
• Paying attention to detail
• Developing tolerance for different points of view on complex legal questions pertaining to Pakistani
businesses

Teaching and Learning Methodology

The LMS software and Facebook class groups will be used to share reading material with the students. Materials
used for this course will be a combination of:
- Slides
- In-Class Assignments
- Readings - online, embedded in slides, assigned handouts, and book chapters

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 - Presentations/Debates – both formal and informal
- Exams
- Self-Study




Class Sessions
(Tentative and subject to change at the instructor’s discretion.
Some topics may take more than one session to complete)

Session 1
Introduction to Business Law Reading:
Syllabus and Class Rules Instructor will send links
Confidentiality and Respect to online reading
Business and Legal Ethics materials
Cheating Primer

Session 2
Introduction, Legal Classification and Sources
Constitution
Power to make laws Reading:
Types of Legislation: Statutory and Delegated legislation Soomro, Chapter 1
Legal Classification
Handouts 1 and 2
Substantive Law and Procedural Law

Common Law Legal Tradition and Civil Law Legal tradition
Public and Private Law
Law and Social Change


Session 3
The Court System – traversing the formal and informal

Distinction between Civil and Criminal Law
Hierarchy of Pakistani Courts
Discussion on Roles and Functions of the District Courts, Special Courts, High
Courts, Federal Shariat Court and Supreme Court Reading:
Role and Functions of Pakistani Judiciary Soomro, Chapter 1
Alternate Dispute Resolution, Formal and Informal Law, jirgas and panchayats Handouts 1 and 2
Doctrine of Separation of Powers
Judicial Activism, Supreme Judicial Council and Guarding the Guardians




Class Activity: Debate
This House believes that the common man should make the Law

Class Activity:
Honour Council Election

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 Assignment 1:
Is the Law worth the paper it is written on?



Sessions 4, 5, 6 and 7

Law of Torts

Definition and Origins
Reading:
Categories of Torts:
Negligence Torts and related case law Compiler, Torts Chapter
Intentional Torts – assault, defamation, battery, etc Assigned articles and
Strict Liability Torts – Employer’s Vicarious Liability, Keepers Liability textbook readings
for Animals, Occupiers Liability, Road Traffic Accidents,
Consumer Protection and Product Liability Torts
McDonalds Case Study



Class Activity: Debate

This House believes that Strict Liability is Unfair


Session 8
Introduction to Contracts: Essential Elements
Essential Elements of a Valid Contract
Definition
Promises and Agreements Reading:
Elements: Soomro Textbook
Offer and Acceptance, Lawful Consideration, Certainty of Terms, Cheema Textbook
Capacity of Parties, Intent to Create Legal Relations, Compiler, Contracts
Free Consent, Lawful Object, Writing and Registration, Possibility of
Cases
Performance, etc
Related Matters

Sessions 9 and 10
Types and Classification of Contract Reading:
Enforceability: Cheema, Contracts
Valid, Void or Voidable Contracts,
Soomro, Contracts
Unenforceable and Illegal agreements
Compiler, Contracts
Void Agreements, Quasi and Contingent Contracts and relevant details
Formation: Express or Implied Contract Cases
Performance: Executed and Executory Contracts, Unilateral and Bilateral
Contracts

Quiz 1
Reading:
Session 11 Cheema, Offer and
Contract Essentials in detail: Offer and Acceptance Acceptance
Offers and invitations to offer
Soomro, Offer and
Essentials of a valid offer
Revocation of an offer Acceptance
Acceptance, essentials of a valid acceptance Compiler

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 Unilateral contracts Cases
Contract formation and revocation time Contract Act 1872
Cases


Session 12
Consideration Reading:
Definition Cheema, Consideration
Essentials of valid consideration Soomro, Consideration
Lawful or unlawful object Compiler
Acceptance of consideration Cases
Cases






Sessions 13, 14 and 15
Capacity of Parties Reading:
Definition Cheema, Capacity
Capacity in civil and criminal law, with a brief look at recent juvenile murder Soomro, Capacity
cases Compiler
Capacity compared: UK, US and Pakistani law in perspective Contract Act 1872
Cloak of Legal Protection: “minors, lunatics, drunkards and pardanasheens”
English, American and
Minors, necessities and exceptions
“Lunatics,” mental health, appropriate labeling, contracts, online Pakistani case notes
contracts, cross border contracts, criminal law perspective, US and
UK Law compared with Pakistani Law
“Pardanasheens,” “drunkards,”and regional comparison
Disqualified persons
Contracts with alien enemies




Class Activity: Debate
Capacity to Contract and Fundamental Rights:
Should anyone lack capacity to contract?

Sessions 16, 17 and 18 Reading:
Free Consent Cheema
Definition Soomro
Coercion, undue influence, comparison and associated cases Compiler
Fraud, misrepresentation, distinction between misrepresentation and mere
Contract Act 1872
opinions,
Comparison between fraud and misrepresentation and relevant case law English, American and
Bilateral and Unilateral mistakes Pakistani cases
Case Law


Assignment 2:
Reform of Consent Law


Quiz 2:
Consent and Capacity

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 Sessions 19 and 20
Performance, Discharge and Breach of Contracts
Performance of single and joint promises, assignment of contracts, Reading:
appropriation of payments
Contract Act 1872
Discharge of contract by performance, agreement, subsequent impossibility,
lapse of time, Breach of contract Cheema
Remedies for breach of contract: Suit for rescission, suit for damages, suit for Soomro
specific performance Compiler



Sessions 21, 22, 23, and 24
Sale of Goods Act 1930

Contract for Sale of Goods: Definition and essential elements
Reading:
Sale and agreement to sell
Cheema
Conditions and Warranties: Definition and doctrine of caveat emptor
Sale of Goods Act 1930
Transfer of Property: Unascertained goods, intention and exceptions

Performance of Contract of Sale: Duties and delivery of goods

Rights of Unpaid Seller: Definition and rights

Sale by Auction


Sessions 25 and 26
Partnership Law
Definition and characteristics Reading:
Partnership and co-owners Cheema
Types of partnership Assigned Reading
Registration of firms and effects of non registration Sale of Goods Act 1930
Dissolution, grounds of dissolution of firm, process, consequences of

dissolution and liabilities of partners on dissolution

Sessions 27
Employment Law in Pakistan
Possible guest speaker session Reading:
Appointment and removal of workers Cheema
Covenants and restraints in the employment contracts Assigned articles
Case Study: Baldia Factory Fire



Assignment 3:

Op-ed on Employment Law
Research on what counts as a ‘good’ in different jurisdictions



Session 28
Introduction to Negotiable Instruments
Introduction and characteristics Reading:
Types: Promissory notes, Checks and Bills of Exchange Cheema
Negotiation, endorsement and dishonoring negotiable instruments

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Text Book and Reading Materials

• The Contract Law of Pakistan, Taymour Soomro, OUP 2015

• Business Law (Latest Edition) by Khalid Mehmood Cheema
• The Contract Act, 1872
• The Partnership Act, 1932
• Other laws and cases of Pakistan, as needed
• Class handouts, compiler, links to online academic articles and cases sent by the instructor from time to
time



Prerequisite Skills and Knowledge to take this Course

Be comfortable with using technology for learning.

Grade Distribution

Assessment Weight

Quizzes 10%
Class Participation, Simulations, Article Reading 20%
Groups
Assignments 10%
Midterm 30%
Final 40%

CLASS PARTICIPATION

Class participation shall be graded based on:

(i) Active participation in class
(ii) Ability to ask critical questions in class and outside class
(iii) Stopping by office hours to discuss concerns related to the law
(iv) Sharing at least one relevant article on our group Facebook page
(v) Participating in class debates and simulations
(vi) Taking part in legal speaker sessions organized on campus





Technology Requirements

This class requires that you join and participate in the class’s facebook group and any online blog.

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 You are welcome to bring your laptop to class. Please also bring along notebooks. During simulations and
presentations, please take paper notes.
Use of mobile phones, other than for recording lectures or taking photos of slides, is not permitted during
presentations.

Academic Conduct

This course requires students to diligently engage with materials provided. Critical and creative thinking will earn
credit. Instead of merely focusing on textbooks or rote learning legal provisions, students will be expected to
understand and apply their legal knowledge. Students are encouraged to consult with newspaper articles and
outside materials in preparation for class.

Attendance Policy

Students are required to attend lectures, seminars and any other specified sessions.

Plagiarism Policy

THE INSTRUCTOR WILL INITIATE PLAGIARISM COMMITTEE PROCEEDINGS ON SUSPICION OF CHEATING

IBA considers plagiarism as "taking and using the thoughts, writings, and inventions of another person as one's
own" (Concise Oxford Dictionary). Plagiarism manifests itself in various forms. These include but are not limited
to the following:
• Verbatim copying, near-verbatim copying, or purposely paraphrasing portions of another author's paper or
unpublished report without citing the exact reference.
• Copying elements of another author's paper, such as equations or illustrations that are not common
knowledge or copying or purposely paraphrasing sentences without citing the source.
• Verbatim copying portions of another author's paper or from reports by citing but not clearly differentiating
what text has been copied (e.g. not applying quotation marks correctly) and /or not citing the source
correctly”.
• "The unacknowledged use of computer programs, mathematical / computer models /algorithms, computer
software in all forms, macros, spreadsheets, web pages, databases, mathematical deviations and calculations,
designs models / displays of any sort, diagrams, graphs, tables, drawings, works of art of any sort, fine art
pieces or artifacts, digital images, computer-aided design drawings, GIS files, photographs, maps, music /
composition of any sort, posters, presentations and tracing."
• "Self-plagiarism, that is, the verbatim or near-verbatim re-use of significant portions of one's own copyrighted
work without citing the original source."

IBA aims to help all stakeholders recognize and avoid plagiarism. The punishment for the offence ranges from a
warning to expulsion from IBA for a period of three years. For further details please consult IBA’s handbook on
plagiarism.

Withdrawal Policy

IBA’s course withdrawal policy applies.

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 Office Hours

All students are encouraged to talk about matters discussed in class with the the semester. The Instructor’s
office hours are:
Tuesdays, 11:00 am to 2:00 pm
Thursdays, noon to 2:00 pm
Students may also email the instructor for appointments