Awards Offered
BCom Minor in Commercial Law
Course Descriptions
HCL151 Introduction to Law
This course provides an introduction to Samoa’s legal system and its antecedents. This includes the study of the hierarchy of courts in Samoa, the making and introducing of legislation, the case law system and judicial reasoning. It will also introduce the principles of statutory interpretation, case analysis, legal reasoning and legal research.
Prerequisite(s): NIL
HCL152 Introduction to Commercial Law
This course provides a comprehensive introduction to commercial law. It briefly covers different types of business structures, contract law, law of torts, bailment law, insurance law and banking law. It will also discuss the Sale of Goods Act 1975, the Fair Trading Act 1998 and the Consumer Information Act 1990.
Prerequisite(s): NIL
HCL251 Company Law and Partnerships
This course will discuss the definition and characteristics of partnerships, formation of partners, the partners’ rights and duties, the partners’ relations with outsiders and the dissolution of partnerships. The course will also cover the company incorporation process; the separate legal entity principle; the company’s constitution, shareholders’ and directors’ rights, duties and liabilities. The course will discuss two relevant legislations, namely the Partnership Act 1975 and the Companies Act 1955 or the Companies Act 2001 when it comes into force.
Prerequisite(s): HCL152 Introduction to Commercial Law
HCL252 Contract Law
This course will teach principles of the law of contract including: the elements of contract – intention to create legal relations, offer and acceptance, consideration, capacity, genuine consent and legality. The course will also discuss privity of contract, contractual terms and the implication of terms and remedies for breach of contract.
Prerequisite(s): HCL152 Introduction to Commercial Law
HCL351 Employment Law
This course aims to develop in students a critical understanding of the legal principles governing employment relationship with the main focus on Samoan employment law i.e. both the legislation and local case law. The topics covered will include understanding the Labour and Employment Act 1972, the Occupational, Safety and Health Act 2002, distinction between employees and contractors, formation of a contract of employment and mutual rights and obligations under such contract; rights on termination of employment. In addition to overseas cases, this course will also discuss local cases regarding employment law.
Prerequisite(s): HCL252 Contract Law
HCL352 Intellectual Property
This course provides for the study of the various concepts and aspects of intellectual property law. It will cover Copyright Act 1998, Trademarks Act 1972, Industrial Designs Act 1972, the Berne Convention, the Patents Act 1972 and the World Intellectual Property Organization (WIPO). This course will also discuss overseas and few local cases relating to intellectual property.
Prerequisite(s): NIL
HCL353 Alternative Dispute Resolution
This course will cover the general principles and theory of dispute resolution. Knowledge obtained will be applied throughout the year in a series of negotiation, mediation and other dispute resolution simulations.
Prerequisite(s): NIL
HCL355 Banking Law
This course will cover the principles relating to banking law. Local legislations that will be discussed are; Financial Institutions Act 1996, the Central Bank Act 1984, the Money Laundering Act 2000, the Bill of Exchange Act 1976 and the Banking Ordinance 1960. Topics include banker-customer relationship, duties of the banker, accounts, cheques and negotiable instruments, duties of the drawer, lending and guarantees, securities (mortgages) and rights to recover money in restitution.
Prerequisite(s): NIL
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