QUSU06027 2019 Property & Company Law and Arbitration

General Details

Full Title
Property & Company Law and Arbitration
Transcript Title
Property & Company Law and Arb
Code
QUSU06027
Attendance
N/A %
Subject Area
QUSU - Quantity Surveying
Department
CENG - Civil Eng. and Construction
Level
06 - NFQ Level 6
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
2019 - Full Academic Year 2019-20
End Term
9999 - The End of Time
Author(s)
Barrie Cox, Gary McGinty
Programme Membership
SG_SPROP_C06 201900 Higher Certificate in Science in Property Services and Facilities Management SG_SPROP_E06 202000 Certificate in Property Services
Description

The module provides the learner with an understanding of the legal environment in which the property and facility management professional operates. Learners with gain an understanding  of the key concepts of both company and property law and demonstrate how these are relevant in day to day practice.

The module provides the learner an understanding of the importance of arbitration  in the area of property and facility management. 

Learning Outcomes

On completion of this module the learner will/should be able to;

1.

Identify and assess the key features of a company, including the separate legal personality and limited liability thereof and prerequisites to the formation of a company in Irish law and demonstrate an understanding of the roles and functions of the various officers of a company.

2.

Assess and analyse the key provisions of the Companies Act. Appreciate the difference between company liquidation, receivership and examinership and the rights of creditors within that process.

3.

Demonstrate an understanding of the key legislative provisions relating to property law. 

4.

Demonstrate an in-depth understanding of the fundementals of Arbitration

5.

Formulate legal advice/opinion based on the thorough examination of the facts and the application of relevant legal concepts

Teaching and Learning Strategies

This module will be delivered using blended learning techniques.

 This will include online lectures (via adobe connect or similar) and work based learning (where relevant) along with guest lectures and augmented by independent learning and directed learning.

 This approach is expected to address student learning needs.

 Moodle will be used to upload educational material (i.e. presentations and recordings of online lectures plus supplementary reading material and additional resources).

 Moodle will also be further used as a means of assessment, utilising online quizzes, for the uploading of assignments and reports.

 This multi‑faceted, blended approach of; lectures, workshops and online resources fosters collaborative student learning.

Module Assessment Strategies

Module will be assessed using a combination of end of semester final exam (60%), continuous assessment and course work (40%).

Repeat Assessments

Repeat Continuous Assessment and/or Final Exam.

Indicative Syllabus

 Company Law:

To include: What is a company, characteristics of a company, types of company, features of company,  incorporation and corporate personality of a company; financing a company, types of shares,  director responsibilities, duties and powers.  Shareholders rights, companies in crisis – liquidation, receivership and examinership. ODCE as a regulatory body in Irish company law.

 

  • Property Law:

Landlord and Tenant Acts: Introduction; the creation of a lease; the termination of a lease – forfeiture and notice; covenants; rent review procedure, the right to a new tenancy; the purchase of fee simple; private rented dwellings;  licences; The Land Conveyancing Law Reform. Act 2009; The Statute of Frauds 1695 and 1735; The Family Home Protection Act, 1976; The Law of Agency: Creation of Agency; forms of agencies; duties of an agent; the relationship of agent to principal; the relationship of agent to third parties; legislation governing property and facility management professionals; Property Services Regulation Act 2011: Licences to provide property services; general obligations of licensees; client accounts and related matters; complaints and sanctions; continued professional development.

 

  • Arbitration:

What is arbitration and arbitration agreements; Appointing an arbitrator, powers, duties and rights of an arbitrator; Advantages and disadvantages of arbitration; Processes involved in arbitration and issuing court proceeding; Judicial oversight of arbitration; Finality of arbitration

Enforcement of award; Challenge to the award; Power of the High Court to remit an award

 

Coursework & Assessment Breakdown

Coursework & Continuous Assessment
30 %
End of Semester / Year Formal Exam
70 %

Coursework Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Continuous Assessment Essay, Case Law Problems, Assignment, Presentation, Quiz, CA Exam Continuous Assessment UNKNOWN 30 % OnGoing 1,2,3,4,5
             
             

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Final Exam Written Paper Final Exam UNKNOWN 70 % End of Term 1,2,3,4,5
             
             

Full Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Tiered Classroom Lecture 1x2 Hours 2 Weekly 2.00
Independent Learning UNKNOWN Self Directed 5 Weekly 5.00
Total Full Time Average Weekly Learner Contact Time 2.00 Hours

Part Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Distance Learning Suite Live Lecture 1 Weekly 1.00
Directed Learning Not Specified Directed Learning/Tutorial 1 Weekly 1.00
Independent Learning Not Specified Indepedent Learning 5 Weekly 5.00
Total Part Time Average Weekly Learner Contact Time 2.00 Hours

Online Learning Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Distance Learning Suite Live Lecture 1 Weekly 1.00
Directed Learning Not Specified Directed Learning/ Tutorial 1 Weekly 1.00
Independent Learning Not Specified Independent Learning 5 Weekly 5.00
Total Online Learning Average Weekly Learner Contact Time 2.00 Hours

Required & Recommended Book List

Required Reading
2015-08-23 Company Law in Ireland (Core Text) Clarus Press Ltd
ISBN 1905536755 ISBN-13 9781905536757
Required Reading
2011-01-01 Principles of Irish Property Law Clarus Press Ltd
ISBN 1905536402 ISBN-13 9781905536405

Principles of Irish Property Law is now established as one of the leading text books on property law in Ireland. The second edition is fully updated and builds on the success of the first edition.

Recommended Reading
2018-10-24 Arbitration Law (Wills and Probate) Round Hall Ltd
ISBN 041406724X ISBN-13 9780414067240
Recommended Reading
2017-12-31 The Companies Act 2014: Annotated and Consolidated 2018 Edition (Irish Law) Round Hall Ltd
ISBN 0414064771 ISBN-13 9780414064775
Required Reading
2017-03-28 Company Law (University Textbook Series) Round Hall Ltd
ISBN 0414056353 ISBN-13 9780414056350

Module Resources

Non ISBN Literary Resources

See Booklist

Journal Resources

Conveyance and Property Law Journal

Construction, Engineering and Energy Law Journal of Ireland

URL Resources

https://www.cro.ie

www.bailli.org

https://www.arbitrationireland.com

https://www.ciarb.ie

 

 

Other Resources

Articles and Case Law provided on Subject Moodle Page

Journals

Case Reports

Westlaw Legal Database

Additional Information

None