MANGT 525

MANGT 525 Sample Syllabus
Course Syllabus
The information contained on this page is designed to give students a representative example of material covered in the course. Any information related to course assignments, dates, or course materials is illustrative only. For a definitive list of materials, please check the online catalog 3-4 weeks before the course start date.

MANGT 525:  COMMERCIAL LAW AND PROJECT PROCUREMENT (3 credits)
A problem-based course that addresses elements of commercial law and procurement practices and their implications for project management. Prerequisite or concurrent: MANGT 510

Note: Students who have completed a master's degree (M.S., M.A., or M.B.A.) are not permitted to transfer credits from that degree into another master's degree at Penn State.



Overview

This course will introduce you to the legal environment of business. The emphasis will be on the law of contracts and sales as it applies to project management, but other topics in the law, in the bidding process and in negotiation will be discussed. The Common Law tradition of the United Kingdom, the United States, and Canada provides the intellectual underpinnings of this course. In the settings in which the commercial law of the three countries has diverged, the differences will be noted. The required assignments seek to have you draw on your own work experiences. However, we ask you to be thoughtful in avoiding the names of specific individuals or breaching the integrity of what should be considered private information.

  • The course has an established start and end date and you will interact with other students throughout the course.
  • While the content of the course is found in your Module workbook and in the assigned textbook, you will need regular online access in order to interact with other students on the discussion forum.

So How Are We Going to Do This?

MANGT 525 consists of a module workbook containing all course content and a textbook. The module workbook for this course contains 12 lessons, or topics of study. You will study this material within a schedule, meaning that you will be able to read and work through this information at a rate that works best for your learning style, but that you will also in some cases rely on your fellow delegates for some assignments. This Web site was designed to help facilitate your understanding of the content. It contains a link to discussion forums that you can use to ask questions or discuss content issues with your professor and fellow delegates.


What Will be Expected of You, the Delegate?

MANGT 525 utilizes a module workbook containing the core course content that is supplemented by a textbook. The 12 sections of the module workbook provide the course's structure and its focus. Each of you will write 4 case briefs and collaborate with a small team in a contract analysis project. Collaboration and teamwork with your fellow delegates are encouraged in all of the course's assignments, outside of the midterm and final examinations.

After each lesson , you should have:

  • Read and understood the assigned material in the workbook;
  • Read and understood the assigned material in the textbook;
  • Contributed to Web discussions
  • Completed and posted your case brief assignment during the week your case is covered.

During the course, you will also:

  • Write the midterm examination;
  • Complete a contract analysis project as part of a small team; and
  • Write the final examination.

Objectives

This course will introduce you to the legal environment in which business takes place. By the end of this course, you should be able to:

  • Provide an overview of the importance of commercial law and procurement management in business.
  • Apply an improved understanding of the key elements of commercial law to the decisions made in project management.
  • Identify the best procurement practices and their implications for managing the product supply chain.

Materials

Most World Campus courses require that students purchase materials (e.g., textbooks, specific software, etc.). To learn about how to order materials, please see the Course Materials page. You should check LionPATH approximately 3–4 weeks before the course begins for a list of required materials.


Many of the University Libraries resources can be utilized from a distance. Through the Libraries website, you can

  • access magazine, journal, and newspaper articles online using library databases;
  • borrow materials and have them delivered to your doorstep—or even your desktop;
  • get research help via email, chat, or phone using the Ask a Librarian service; and
  • much more.

You can view the Online Students' Library Guide for more information.

You must have an active Penn State Access Account to take full advantage of the Libraries' resources and services. Once you have a Penn State account, you will automatically be registered with the library within 24–48 hours. If you would like to determine whether your registration has been completed, visit the Libraries home page and select  My Account.


Technical Specifications

For this course we recommend the minimum World Campus technical requirements listed below:

Technical Requirements
Operating System Windows Vista, Windows 7, Windows 8*; Mac OS X 10.5 or higher
*Windows 8 support excludes the tablet only RT version
Processor 2 GHz or higher
Memory 1 GB of RAM
Hard Drive Space 20 GB free disk space
Browser We recommend the latest ANGEL-supported version of Firefox or Internet Explorer. To determine if your browser fits this criterion, and for advice on downloading a supported version, please refer to the following ITS knowledge base article: Supported Browsers and Recommended Computers.
Note: Cookies, Java, and JavaScript must be enabled. Pop-up blockers should be configured to permit new windows
from Penn State websites.

Due to nonstandard handling of CSS, JavaScript and caching,
older versions of Internet Explorer (such as IE 6 or earlier) do not work with our courses.
Plug-ins Adobe Reader [Download from Adobe]
Flash Player (v7.0 or later) [Download from Adobe]
Additional Software Microsoft Office (2007 or later)
Internet Connection Broadband (cable or DSL) connection required
Printer Access to graphics-capable printer
DVD-ROM Required
Sound Card, Microphone, and Speakers Required
Monitor Capable of at least 1024 x 768 resolution

If you need technical assistance at any point during the course, please contact the Service Desk.

For registration, advising, disability services, help with materials, exams, general problem solving, visit World Campus Student Services!


Course Assignments and Grading

This course contains the following major assignments:

Contributions to Class Discussions (message board)

15%

15 points

Case Briefs

20%

20 points

Contract Analysis Project

15%

15 points

Midterm Examination

25%

25 points

Final Examination

25%

25 points
Total
100%
100 points

Participation
Class particiaption will be graded. Points are awarded for volunteering meaningful and substantial comments and questions that enhance the learning experience of the class. Points will be available during each week shown in the schedule, below. Of course, merely logging in or saying "I agree" or comparable cryptic comments will not be graded as a meaningful contribution.

Case Brief Assignments
During the course, each student will be assigned four cases in the textbook to brief. Each case brief is worth five points. Your brief should follow the format of the sample brief that corresponds to the material in Chapter 1 on pages 18-21 in your West's Business Law textbook. In writing the case briefs, you should review the entire judicial opinion (as opposed to the edited version in your textbook) of the four cases you are assigned during the semester. Virtually all of these opinions can be found on www.findlaw.com or other legal research Web sites listed in the "Resources" section. Assignments will be made available following the first day of class, then posted to the course schedule.

Please post your case brief assignments with the chapter and the case name as the "Subject" of your posting. In the "Message" portion of your posting, I would like you to share the "Comments" portion of your case brief. As an attachment to the posting, please attach the case brief in its entirety. As the bulk of any case brief is essentially our summary of the language of the court's opinion (the Facts, the Parties' Contentions, the Issue, the rulings of the lower court(s), the Rule of Law, the Holdings, etc.), moving this language to an attachment will keep it available to those who would like a comprehensive outline of the decision without filling the message board with this level of detail.

Contract Analysis Project
Working in collaboration with a small team, the contract analysis project requires the student to examine closely one of his or her employer's contracts used in the procurement process. A more detailed description of this project will be provided separately.

Examinations not taken and assignments not submitted will be scored as a zero for purposes of determining the student's final grade. Late submissions will receive a penalty.


Please refer to the University Grading Policy for Graduate Courses for additional information about University grading policies.

If, for reasons beyond the student's control, a student is prevented from completing a course within the prescribed time, the grade in that course may be deferred with the concurrence of the instructor. The symbol DF appears on the student's transcript until the course has been completed. Non-emergency permission for filing a deferred grade must be requested by the student before the beginning of the final examination period. In an emergency situation, an instructor can approve a deferred grade after the final exam period has started. Under emergency conditions during which the instructor is unavailable, authorization is required from one of the following: the dean of the college in which the candidate is enrolled; the executive director of the Division of Undergraduate Studies if the student is enrolled in that division or is a provisional student; or the campus chancellor of the student's associated Penn State campus.

For additional information please refer to the Deferring a Grade page.


Course Schedule


Course length: 15 weeks during Spring and Fall semesters and 12 weeks during the Summer semester. Assignments will change accordingly to the time frame.

The following schedule of assignments indicates the pairing of the sections in the workbook (w) and the complementary chapters in the textbook (t). The schedule also includes your case brief assignments, your contract analysis project and the course's two examinations.

Introduction to the Course

Readings:

None

Activities:

Introduction to the course and its participants either at the Plenary in Erie or online during the virtual introduction.

 

Lesson 1: Initial Connection

Readings:

  • (w) Section 1 - The Business Case

Assignments:

  1. Web Discussion – 1 contribution
    Make an initial posting on the message board describing an area where the law might make a substantial impact on "the business case."

 

Lesson 2 : Introduction to the Law

Readings:

  • (w) Section 2 - Introduction to the Legal System
  • (w) Section 3 - Sources of Law
  • (t) Chapter 1 - Introduction to Law and Legal Reasoning
  • (w) Section 4 - Fundamentals of Contract Law
  • (t) Chapter 2 – Nature and Terminology

Objectives:

By the end of this period, you should be able to:

  1. build a basic legal vocabulary. Once the terms are familiar, the concepts are not particularly difficult.
  2. note the many governmental sources (federal, state, local and international) creating laws that can impact the manager.
  3. note the power of judges in the British/American/Canadian legal environment of business. They exercise broad discretion in their rulings. Note especially the judge's role in interpreting contract terms that are unclear or “finding” a quasi-contract exists. Judges are often powerful players in their political parties. Many observers argue that their personal ambitions play a central role in their rulings.
Assignments:
  1. Case Brief Assignments - Chapter 2 (briefs posted as a message board attachment by June 13th)
    Industrial Lift Truck Service Corp. v. Mitsubishi International Corp.
    United Airlines, Inc. v. Good Taste, Inc.
  2. Web Discussion - 2 contributions

 

Lesson 3: A Valid Contract

Readings:

  • (w) Section 5 - Elements of an Enforceable Contract
  • (w) Section 6 - Elements of an Enforceable Contract (continued)
  • (t) Chapter 3 - Agreement
  • (t) Chapter 4 - Consideration
  • (t) Chapter 5 – Capacity and Legality

Objectives:

By the end of this period, you should be able to:

  1. Know when parties working toward a complex agreement have crossed the sometimes subtle line between "final negotiations" and a legally enforceable contractual obligation.
  2. Understand that parties negotiating long-term agreements in rapidly changing markets can utilize mechanisms that allow for flexibility in price and other important terms during the life of the contract without jeopardizing the enforceability of the contract.
  3. Appreciate the ever more pervasive obligation of “good faith” in the formation and performance of contractual obligations in both common law and civil law countries. Increasingly, courts are demanding not only that the parties to a contract be honest, but that they be open and fair in their dealings with others.

Assignments:

  1. Case Brief Assignments - Chapter 3 (briefs posted as a message board attachment by June 27th)
    Lucy v. Zehmer
    R. K. Chevrolet, Inc. v. Hayden
    Osprey L.L.C. v. Kelly-Moore Paint Co.
  2. Case Brief Assignments - Chapter 4 (briefs posted as a message board attachment by July 4th)
    Hamer v. Sidway
    Mills v. Berlex Laboratories, Inc.
    Goff-Hamel v. Obstetricians & Gynecologists, P.C.
  3. Case Brief Assignments - Chapter 5 (briefs posted as a message board attachment by July 4th)
    Dodson v. Shrader
    Metropolitan Creditors Service of Sacramento v. Sadri
    Brunswick Floors, Inc. v. Guest
  4. Web Discussion - 2 contributions

 

Lesson 4: Rescission of a Contract

Readings:

  • (w) Section 7 - Mistake, Misrepresentation, and Other Nasty Issues
  • (t) Chapter 6 – Genuineness of Assent

Objectives:

By the end of this period, you should be able to:

  1. Understand the special circumstances under which mistake, misrepresentation, undue influence and duress indicate that there is no true assent and allow the parties to rescind a contract.
  2. Appreciate the significant difficulties confronting a party attempting to rescind a contract because of fraudulent misrepresentation.
Assignments:
  1. Case Brief Assignments - Chapter 6 (briefs posted as a message board attachment)
    Raffles v. Wichelhaus
    Vokes v. Arthur Murray, Inc.
    Meade v. Cedarapids, Inc.
  2. Web Discussion - 1 contribution

 

Lesson 5: Contract Form, Obligations, and Remedies

Readings:

  • (t) Chapter 7 - The Statute of Frauds
  • (t) Chapter 8 - Third Party Rights
  • (t) Chapter 9 - Performance and Discharge
  • (t) Chapter 10 – Breach of Contract and Remedies

Objectives:

By the end of this period, you should be able to:

  1. Appreciate the deference the law gives to written contracts and the importance of favorable contract language being clearly articulated in that writing.
  2. Know how a party effectively assigns rights or delegates duties to a third party under an existing contract.
  3. Understand how a party can effectively discharge a contractual obligation and appreciate the remedies that are available if an obligation is breached.
Assignments:
  1. Case Brief Assignments - Chapter 7 (briefs posted as a message board attachment by July 25th)
    McInerney v. Charter Golf, Inc.
    Cousins Subs Systems, Inc. v. McKinney
  2. Case Brief Assignments - Chapter 8 (briefs posted as a message board attachment by July 25th)
    Reynolds and Reynolds Co. v. Hardee
    Vogan v. Hayes Appraisal Associates, Inc.
  3. Case Brief Assignments - Chapter 9 (briefs posted as a message board attachment by August 1st)
    Jacobs & Young, Inc. v. Kent
    Van Steenhouse v. Jacor Broadcasting of Colorado, Inc.
    Syrovy v. Alpine Resources, Inc.
  4. Case Brief Assignments - Chapter 10 (briefs posted as a message board attachment by August 1st)
    Hadley v. Baxendale - Sally Randall
    Parker v. Twentieth Century-Fox Film Corp.
    Maglica v. Maglica
  5. Web Discussion - 2 contributions
  6. Focus on Legal Reasoning (brief posted by August 1st)
    Demasse v. ITT Corp. (Page 154, following Chapter 10)

 

Midterm Examination

Readings:

All of the readings from Periods 1 through 5 will be tested.

Assignments:

  1. Midterm Examination
    The midterm will be available on this course Web site from 12:00 A.M. on August 9 until midnight August 15. You will be permitted to take the midterm once only. Plan on two to three hours of uninterrupted time for the midterm.

    If you lose Internet access or otherwise have technical issues with the examination, e-mail both the instructor and the Help Desk (wdtechsupport@outreach.psu.edu) immediately. Questions regarding the midterm should be directed to your instructor via phone or ANGEL e-mail, before you begin your examination.

 

Lesson 6: Procurement Negotiation

Readings:

  • (w) Section 8 - Money and Time
  • (w) Section 9 - The Bidding Process
  • (w) Section 11 - Negotiation

Objectives:

By the end of this period, you should be able to:

  1. Appreciate the importance of building performance objectives into your contract’s payment terms.
  2. Create a model checklist of conflicting perspectives that the purchaser and supplier will bring to the bidding process.
  3. Build an appreciation of collaborative negotiating strategies that enhance the value of agreement to all parties.

Assignments:

  1. Begin Contract Analysis Project
  2. Web Discussion - 2 contributions
  3. Please share with us your comments on pricing plans, the bidding process or negotiation strategies that either proved effective or caused problems.

 

Midterm Discussion via E-Live

Readings:

None

Activities:

Discuss the Contract Analysis Project and review the Midterm Examination results.

 

Lesson 7: The Law of Sales and Risk Management

Readings:

  • (w) Section 10 - Choice of Contract Type and Risk Management
  • (t) Chapter 11 - The Formation of Sales and Lease Contracts (peruse Chapter 21)
  • (t) Chapter 12 - Title, Risk, and Insurable Interest
  • (t) Chapter 19 - Insurance

Objectives:

By the end of this period, you should be able to:

  1. Create a list of the critical risks that will accompany your contract and draft an appropriate contractual provision to respond to that risk.
  2. Appreciate that a purchaser can bear the risk of loss of goods they do not own.
  3. Understand the range of insurance options available to manage risks.

Assignments:

  1. Case Brief Assignments - Chapter 11 (briefs posted as a message board attachment by September 12th)
    Micro Data Base Systems, Inc. v. Dharma Systems, Inc.
    Wilson Fertilizer & Grain, Inc. v. ADM Milling Co.
    Heggblade-Marguleas-Tenneco, Inc. v. Sunshine Biscuit, Inc.
    Jones v. Star Credit Corp
  2. Case Brief Assignments - Chapter 12 (briefs posted as a message board attachment by September 12th)
    Lane v. Honeycutt
    DeWeldon, Ltd. v. McKean
    Windows, Inc. v. Jordan Panel System Corp.
  3. Case Brief Assignments - Chapter 19: Note that this chapter is not in the normal sequence (briefs posted as a message board attachment by September 19th)
    Sotelo v. Washington Mutual Insurance Co.
    Westfield Cos. v. Rovan, Inc.
    Paul Revere Life Insurance Co. v. Fima
  4. Web Discussion - 2 contributions

 

Lesson 8: Contract Remedies and Warranties

Readings:

  • (w) Section 12 - Breach of Contract, Judicial Remedies, and Alternative Dispute Resolution Mechanisms
  • (t) Chapter 13 - Performance of Sales and Lease Contracts
  • (t) Chapter 14 - Remedies for Breach of Sales and Lease Contracts
  • (t) Chapter 15 - Sales and Lease Warranties

Objectives:

By the end of this period, you should be able to:

  1. Appreciate the range of judicial remedies available for a breach of contract.
  2. Appreciate when the concepts of frustration of contract and commercial practicability discharge a party’s contractual obligations.
  3. Understand the power of express and implied warranties.

Assignments:

  1. Reminder: Contract Analysis Project is due no later than midnight, October 18.
  2. Case Brief Assignments - Chapter 13 (briefs posted as a message board attachment by October 3)
    Maple Farms, Inc. v. City School District of Elmira
    Industria de Calcados Martini Ltda. V. Maxwell Shoe Co.
    Banco International, Inc. v. Goody's Family Clothing
  3. Case Brief Assignments - Chapter 14 (briefs posted as a message board attachment by October 3rd)
    KGM Harvesting Co. v. Fresh Network
    Yates v. Pitman Manufacturing, Inc.
    Transport Corp. of America, Inc. v. International Business Machines Corp.
  4. Case Brief Assignments - Chapter 15 (briefs posted as a message board attachment by October 10th)
    Felley v. Singleton
    Martin Rispens & Son v. Hall Farms, Inc.
    Webster v. Blue Ship Tea Room, Inc.
    Borden, Inc. v. Advent Ink Co.
  5. Web Discussion - 2 contributions
  6. Case Brief Assignment - Focus on Legal Reasoning (briefs posted as a message board attachment by October 10th)
    Lickley v. Max Herbold, Inc. (Page 247, following Chapter 15)

 

Lesson 9: International Contract and Procurement Law

Readings:

  • (t) Chapter 20 - International and Comparative Law (peruse Chapters 22 and 23)

Objectives:

By the end of this period, you should be able to:

  1. Appreciate the impact of differences in the commercial law of the relevant nations as well as the power of international law when you are negotiating a contract.

Assignments:

  1. Case Brief Assignment - Chapter 20 (briefs posted as a message board attachment by October 19th)
    United States v. Haggar Apparel Co.
    Universe Sales Co., Ltd. v. Silver Castle, Ltd.
  2. Web Discussion - 1 contribution

 

Final Examination

Readings:

All of the readings from Periods 6 to 9 will be tested.

Activities:

Final Examination


Formal instruction will end on the last day of class. Provided that you have an active Penn State Access Account user ID and password, you will continue to be able to access the course materials for one year, starting from the end date of the academic semester in which the course was offered (with the exception of library reserves and other external resources that may have a shorter archival period). After one year, you might be able to access the course based on the policies of the program or department offering the course material, up to a maximum of three years from the end date of the academic semester in which the course was offered. For more information, please review the University Course Archival Policy.

Note: If you are planning to graduate this semester, please communicate your intent to graduate to your instructor. This will alert your instructor to the need to submit your final grade in time to meet the published graduation deadlines. For more information about graduation policies and deadlines, please go to the Graduation Information on the My Penn State Online Student Portal.


Academic Integrity

According to Penn State policy G-9: Academic Integrity , an academic integrity violation is “an intentional, unintentional, or attempted violation of course or assessment policies to gain an academic advantage or to advantage or disadvantage another student academically.” Unless your instructor tells you otherwise, you must complete all course work entirely on your own, using only sources that have been permitted by your instructor, and you may not assist other students with papers, quizzes, exams, or other assessments. If your instructor allows you to use ideas, images, or word phrases created by another person (e.g., from Course Hero or Chegg) or by generative technology, such as ChatGPT, you must identify their source. You may not submit false or fabricated information, use the same academic work for credit in multiple courses, or share instructional content. Students with questions about academic integrity should ask their instructor before submitting work.

Students facing allegations of academic misconduct may not drop/withdraw from the affected course unless they are cleared of wrongdoing (see G-9: Academic Integrity ). Attempted drops will be prevented or reversed, and students will be expected to complete course work and meet course deadlines. Students who are found responsible for academic integrity violations face academic outcomes, which can be severe, and put themselves at jeopardy for other outcomes which may include ineligibility for Dean’s List, pass/fail elections, and grade forgiveness. Students may also face consequences from their home/major program and/or The Schreyer Honors College.

How Academic Integrity Violations Are Handled
World Campus students are expected to act with civility and personal integrity; respect other students' dignity, rights, and property; and help create and maintain an environment in which all can succeed through the fruits of their own efforts. An environment of academic integrity is requisite to respect for oneself and others, as well as a civil community.

In cases where academic integrity is questioned, the Policy on Academic Integrity indicates that procedure requires an instructor to inform the student of the allegation. Procedures allow a student to accept or contest a charge. If a student chooses to contest a charge, the case will then be managed by the respective college or campus Academic Integrity Committee. If that committee recommends an administrative sanction (Formal Warning, Conduct Probation, Suspension, Expulsion), the claim will be referred to the Office of Student Accountability and Conflict Response.

All Penn State colleges abide by this Penn State policy, but review procedures may vary by college when academic dishonesty is suspected. Information about Penn State's academic integrity policy and college review procedures is included in the information that students receive upon enrolling in a course. To obtain that information in advance of enrolling in a course, please contact us by going to the Contacts & Help page .


Policies

Accommodating Disabilities

Penn State welcomes students with disabilities into the University's educational programs. Every Penn State campus has resources for students with disabilities. The Student Disability Resources (SDR) website provides contacts for disability services at every Penn State campus. For further information, please visit the SDR website.

In order to apply for reasonable accommodations, you must contact the appropriate disability resources office at the campus where you are officially enrolled, participate in an intake interview, and provide documentation based on the documentation guidelines. If the documentation supports your request for reasonable accommodations, your campus's disability resources office will provide you with an accommodation letter. Please share this letter with your instructors and discuss the accommodations with them as early in your courses as possible. You must follow this process for every semester that you request accommodations.

Addtional Policies

For information about additional policies regarding Penn State Access Accounts; credit by examination; course tuition, fees, and refund schedules; and drops and withdrawals, please see the World Campus Student Center website.


Disclaimer: Please note that the specifics of this Course Syllabus are subject to change, and you will be responsible for abiding by any such changes. Your instructor will notify you of any changes.