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Award in Introduction to Business Law - April 2021

Announcements

Announcement 01 - Welcome

Academy Documents

Complaints Procedure Policy

Complaints Form

Students' Evaluation Form

Lecture Presentations

Lecture presentations will be available during the week following the lecture.

Session 01 - The Maltese Legal System

Session 02 - Outline of Maltese Company Law

Session 03 - Setting up a Company - The Process

Session 04 - Overview of Employment Law

Session 05 - Data Protection – the Salient Features

Lecture 6 -

Lecture 7 -

Lecture 8 -

Lecture 9 -

Lecture 10 -

Lecture Summaries & Suggested Reading 

Lecture 1 - The Maltese Legal System

Learning Outcomes

This lecture intends to introduce participants to the basic principles underlying the Maltese legal system. Malta has a rich history composed of a variety of colonisers, each of whom have played a vital role in shaping the Maltese legal hybridity during their time on the islands. Therefore, a sound understanding of Malta’s history will prove essential in understanding the rationale behind the local law and customs we have today.

During this lecture, participants will also be guided through the main sources of Maltese legislation in context, whilst also being guided on how to effectively search for relevant statutes online. A thorough explanation of the manner in which Maltese statute books are compiled and interpreted will be provided in this light too. Participants will be guided as to how to read, interpret and cite local legislation.

Due importance shall also be given to the workings of the Maltese courts of law and other adjudicating bodies as established by law, whilst the importance of jurisprudence and its relevance in legal interpretation will also be studied.

Core Reading List

  • Attard, D., 2012, The Maltese Legal System (Vol I & II).
  • Attard, D., 2015. Non-Autochthonous Law Influences on the Maltese Legal System (Id-Dritt, Volume XXII, 2011, 265-278)

Supplementary Reading List

  • Cremona, J, 1994. The Maltese Constitution And Constitutional History Since 1813, Publishers Enterprises Group.

Lecture 2 - Outline of Maltese Company Law – the Various Types of Structures

Learning Outcomes

The lecture will cover the three types of commercial partnerships under the Companies Act (Chapter 386 of the laws of Malta) (the “en nom collectif”, the “en commandite”and the “limited liability company”). The lecture will also discuss the players of each type of commercial partnership and their role within the partnerships.

Core Reading List

  • Companies Act (Chapter 386 of the laws of Malta)
  • Andrew Muscat, Principles of Maltese Company law, 2019

Lecture 3 - Setting up a Company – the Process

Learning Outcomes

The lecture will cover the process for the incorporation of a limited liability company in Malta. In particular, the lecture will discuss the documents which must be submitted to the Malta Business Registry and the clauses in the constitutional documents of a company which merit consideration by advisors.

Core Reading List

  • Companies Act (Chapter 386 of the laws of Malta)
  • Andrew Muscat, Principles of Maltese Company law, 2019

Lecture 4 - Overview of Employment Law

Learning Outcomes

Maltese employment law is mainly governed by the Employment and Industrial Relations Act (Cap 452) together with the variety of subsidiary statutory instruments enacted through the powers the same Act allows. This lecture aims to provide participants with a holistic overview of Maltese employment and industrial law, both in the private and public sector, among which the rules may occasionally differ.

Topics covered will include the rationale behind the protectionist nature of employment law, its sources (including its significant Europeanisation over the years), minimum conditions of employment, the nature of contracts of employment and the difference types thereof, and the terms of termination of employment. Participants will also be provided with an overview of the role and development of trade unions and employer associations in the employment law sphere. This lecture shall also touch upon the role of the Industrial Tribunal in settling employment matters under Maltese law.

Core Reading List

  • Employment and Industrial Relations Act, Cap 452 of the Laws of Malta
  • Emir, A. and Selwyn, N., 2012. Law Of Employment. Oxford: Oxford Univ. Press.
  • Aylott, E., n.d. Employment Law: A Practical Introduction.
  • Greenland, C., n.d. The Collective Agreement In Maltese Industrial Relations.

Supplementary Reading List

  • Smith, P., Hodges, A., Stabile, S. and Gely, R., 2009. Principles Of Employment Law. 1st ed.
  • Painter, R. and Holmes, A., n.d. Cases And Materials On Employment Law.
  • Industrial Tribunal decisions, accessible on: https://dier.gov.mt/mt/Relazzjonijiet%20Industrijali/Tribunal%20Industrijali/Decizjonijiet/Pages/De%C4%8Bi%C5%BCjonijiet-Main-Page.aspx

Lecture 5 - Data Protection - the Salient Features

Introduction to GDPR, Data vs Personal Data, Company Personal Data, Controller and Processor relationships, Data Processing Principles, Data Subjects Rights, Lawful processing, Data Breaches, Subject Access Requests, Documentation - Policies and Procedures.

Learning Outcomes

  • Understand the principles of data processing
  • More awareness on how to protect the data being processed and to limit the processing to what is necessary
  • Able to assist in a data breach
  • Identify a Subject Access Request and act upon it
  • Identify whether acting as a Controller or Processor
  • Explain essential company and data privacy implications.
  • Apply essential company and data protection law

Core Reading List

  • Borg R., Gonzi P., Sciberras A., (2018) GDPR for HR Professionals
  • Data Protection Act, Cap 586 of the Laws of Malta
  • General Data Protection Regulation, (EU) 2016/679

Lecture 6 - Understanding Intellectual Property

Learning Outcomes

  • What is Intellectual Property? What is protected?
  • Explanation of the different types of rights protected under Maltese Law: Patents; Design Rights; Trademarks; Copyright; Sui Generis Rights; Geographical Indications of Origin; Trade Secrets.
  • Enforcement and redress
  • The Industrial Property Registrations Directorate (IPRD)
  • EU Law, the Community Trade Mark (CTM) and EUIPO

Core Reading List

  • Copyright Act (Chapter 415 of the Laws of Malta)
  • Trademarks Act (Chapter 416 of the Laws of Malta)
  • Patents and Designs Act (Chapter 417 of the Laws of Malta)
  • Intellectual Property Rights (cross-border measures) Act (Chapter 414 of the Laws of Malta)
  • Enforcement of Intellectual Property Rights (Regulation) Act (Chapter 488 of the Laws of Malta)
  • Trade Secrets Act (Chapter 589 of the Laws of Malta)
  • Commercial Code (Chapter 13 of the Laws of Malta)
  • Civil Code (Chapter 16 of the Laws of Malta)

Lecture 7 - Commercial Agreements

Learning Outcomes

  • How to Enter a Valid Contract (elements of a contract)
  • General contract principles
  • Using the right contract type
  • Understanding general contract clauses
  • Liability and Indemnity clauses
  • Force Majeure
  • Authority to sign contracts and E-signatures
  • Dispute resolution

Core Reading List

  • Civil Code (Chapter 16 of the Laws of Malta)
  • The eIDAS Regulation (910/2014)
  • Electronic Commerce Act (Chapter 426 of the Laws of Malta)

Lecture 8 - Work & Well-Being

Learning Outcomes

  • Main features of the Occupational Health and Safety Authority Act and its application;
  • Duties of the employer and employee rights in the area of occupational health and safety;
  • Regulations dealing with specific aspects of occupational health and safety;
  • Offences and penalties and calculation of damages in injury cases.

By the end of the presentation, students will be expected to have a good grasp of the main principles of Maltese occupational health and safety, in particular as regards the main duties of employers in this field.

Core Reading List

  • Occupational Health and Safety Authority Act, Cap 424 of the Laws of Malta

Lecture 9 - Consumer Law

Learning Outcomes

  • Introduction to Consumer Law
  • Basic issues underlying consumer policy in the EU and Malta
  • Main legal sources of consumer law in EU and Malta
  • Focus on specific aspects of consumer protection such as: Unfair Contract Terms, Unfair Commercial Practices (Advertising), Product Safety, Product Liability; Sale of Goods and Guarantees, the New Deal for Consumers
  • Understanding the impact of consumer policy on business both in Malta and within the EU.
  • Enforcement and dispute resolution, private claims and collective action.
  • The MCCAA, Consumer Claims Tribunal

Core Reading List

  • Malta Competition and Consumer Affairs Authority Act (Chapter 510 of the Laws of Malta)
  • Consumer Affairs Act (Chapter 378 of the Laws of Malta)
  • Consumer Rights Regulations (S.L. 378.17)
  • Consumer Alternative Dispute Resolution (ADR) (General) Regulations (S.L. 378.18)

Supplementary Reading List

  • Weatherill Stephen, [2014] EU Consumer Law and Policy, Second Edition

Lecture 10 - Debt Recovery and Credit Management

Learning Outcomes

  • Harness knowledge on basic business financing and credit control principles
  • Due Diligence/Know your Customer
  • Credit Reference Agencies/Credit Scoring
  • Consumer Credit
  • Late Payment in Commercial Transactions
  • Credit Instruments
  • Elements required to ensure effective debt recovery
  • Constitution of Debt/Debt Recovery through the Court

Core Reading List

  • Civil Code (Chapter 16 of the Laws of Malta)
  • Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta)
  • Commercial Code (Chapter 13 of the Laws of Malta)
  • Consumer Credit Regulations (SL. 378.12)

Assessments

For your final assignment, you have to choose 1 out of the 2 questions which are made available in the Assignment Submission form below. Assignments should be submitted by not later than Friday 25 June 2021. Assignment has to be submitted together with the Assignment Submission Form. The assignment will carry 100% of the final score.

Assignment Submission Form

If you need information on how to plan, draft and submit your assignment follow the 21 Academy presentation on Writing and Submitting your Assignment.

We are also making the 21 Academy's Assignments Rubric available for your guidance. This is a performance-based assessment tool. Tutors will use the rubric to assist them to allocate scoring while it allows students to understand what is required in the assignment and how it will be graded.

Assignment should be sent accompanied by the assignment submission form on info@advisory21.com.mt. Please send assignment in pdf format. Do not scan assignment but convert/save it directly to pdf.

Note that the submitted assignment will be scanned for plagiarism.

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