FOUNDATION CERTIFICATE IN MARKETING
2.03 REGULATORY ENVIRONMENT FOR MARKETING - 2009/10
The objectives of this course are that on completion the student will be able to demonstrate an understanding of:
- The origins and sources of law which form a regulatory framework.
- Key principles of law which affect the area of sales of goods and services and which affect marketing decisions.
those principles of law and general regulations which influence marketing decisions.
1. Introduction to Law
The main sources of law generally. Constitution, legislation and delegated legislation, case law and judicial precedent, EU law and human rights law. The relevance of aspects of these sources to the regulation of marketing (e.g. relevant legislation and EU law). The distinction between civil and criminal law. The court structure in Ireland. The role of the state and the institutions in the regulation of business activity and the protection of consumers.
2. Contract
The nature of contract and formation of a contract: offer and acceptance, consideration, intention to enter into legal relations, capacity and legality of contract. Contracts contrary to public policy. Different methods and forms of contract particularly verbal, written and electronic contracts. Terms of contract - express and implied terms. Concepts of misrepresentation. Breach of contract and remedies.
3. Agency
The basic principles of agency. The authority of persons to act on behalf of others. The rights and duties of an agent and the European Communities (Commercial Agents) Regulations 1994 and 1997.
4. The Sale of Goods and the Supply of Services
The definition and nature of a sale of goods and the statutorily implied terms under the Sale of Goods Act. The definition and nature of a supply of services contract and the statutorily implied terms under the Sale of Goods and Supply of Services Act 1980. The law concerning possible exclusion of these terms under the Acts and also under the Unfair Terms in Consumer Contracts Regulations 1995.
(Note: the material on the passing of property in goods under the Sale of Goods Act has been omitted from the syllabus to allow for consideration of new topics under Consumer law and EU law. The passing of property , risk and insurance is a detailed and esoteric topic which is more suited to a detailed commercial law course at a more advanced level).
5. Tort
The nature of liability in tort and with reference to the law on negligence in particular. Issues of product liability n tort and concepts of strict liability and vicarious liability. The Liability for Defective Products Act 1991 (as amended).
6. Consumer Protection
Overview of the methods used by the Irish legal system to protect the consumer. The European Union role in protection of the European consumer and the creation of a single European market. The role and function of the National Consumer Agency. The policy and protection given by the Consumer Protection Act 2007. The regulation of distance selling and on-line transactions by the EU as implemented in Ireland by the European Communities (Protection of Consumers in Respect of Contracts made by means of Distance Communication) Regulations 2001 and 2005. The general nature and distinctions between credit sales and hire purchase. Aspects of consumer credit and protection for the consumer under the Consumer Credit Act 1995. Methods of enforcing consumer rights under the CPA2007 and also under the small claims court procedure.
(Note: The Hire Purchase Act and any detail on hire purchase is not included).
7. Aspects of Competition Law
The role of competition law and policy in the protection and benefit of the European consumer (and also small business enterprises). The role of the EU in the development and enforcement of competition law. The national law under the Competition Acts 2002-2006- particularly the concepts under sections 4 & 5 CA and application of the principles. Civil and criminal proceedings. Enforcement by the Competition Authority.
8. Intellectual Property
The general nature and scope of protection given to intellectual property in Ireland by the Patents Act 1992, Trade Marks Act 1996, the Copyright and Related Rights Act 2000 and Industrial Designs Act 2001. The nature of the procedures to apply and secure protection, duration of protection and any renewal requirements. The legal remedies available for the infringement of such rights. The concept of protection within Europe and methods to secure this.
9. Forms of Business Organisations
Overview of the formation , advantages and disadvantages of methods of trading in sole trader, partnership and limited company format. The concept of corporate personality and limited liability. Key aspects of the Partnership Act 1890. Other benefits and drawbacks of trading relating to costs, liabilities, taxation and formalities.
10. The European Union
The European Union as a source of Irish law. The institutional structures of the EU and types of EU law- Articles, Regulations, Directives and Decisions. The implementation of EU law into Irish law and the principle of supremacy of EU law. The concept of the free movement of goods and services within the EU under Articles 23-30 49-50EC
General Note
Candidates will be expected to support examination answers by references to relevant precedents, statutes and illustrative examples as appropriate. Knowledge of new legislation will not be expected in examinations held within nine months of the passing of the relevant Act.
READING LIST
Essential Reading
Doolan, Brian (2007), Principles of Irish Law, 7th Edition, Gill and Macmillan, Dublin.
Recommended Reading
Davenport, R. (2008), Make that Grade: Fundamentals of Irish Law, Gill and Macmillan.
Carolan, B. (2004), EU Law for Irish Students, Gill & Macmillan
Useful Websites
The European Union portal - information to details on activities of the EU and law, sections on your rights and excellent links to other sources
http://europa.eu/index_en.htm-
Database of Irish legislation Online
www.irishstatutebook.ie/
Department of Enterprise Trade and Employment
www.entemp.ie
Courts Service of Ireland
www.courts.ie/
National Consumer Agency
www.consumerconnect.ie/eng
Irish Patents Office
www.patentsoffice.ie/en/homepage.aspx
Companies Registration Office
www.cro.ie
