Course Objectives

This course provides an introduction to Nepalese law, with a particular emphasis on those aspects of the law that impact most upon business and technology. It is designed for students with no legal background and serves as an introduction to legal concepts. An important aim of this course is to place business and technology in their proper and prominent legal context. The intention of this course is to prepare students to be successful both personally and professionally in an information-based society.

Course Description

The course is broken up into three distinct sections. In the first part, the concept of legal environment, sources of business laws, and the format, structure and operating practicality of the court systems in Nepal will be discussed. The second part deals with contracts, sale of goods, agency, different forms (types) of doing business, areas of regulatory relationship, and arbitration laws. The final sections are an overview of different types of laws relating to business and technology.

Course Outcomes

After studying this course, students should be able to:

• Explain the concept of legal environment and the court system in Nepal;
• Have an understanding of the basic legal principles and concepts;
• Discuss the role and development of the legal aspects for business and technology under the Nepalese legal system;
• Describe the impact of major areas of law on business operations, particularly where technology is concerned;
• Explain the legal and regulatory compliances in the context of Nepalese business;

Discuss the provisions of Nepalese laws and regulations relating to information technology/intellectual property.

Course Contents

Unit 1: Basics of Legal Environment and Court System                                        6 Hours

Concept and importance of legal environment; Nature, types and sources of law; Meaning and sources of business law in Nepal; The court system - structure, powers, organization and jurisdiction of the court systems; Civil procedures in Nepal; Provisions of the Nepalese Constitution pertaining  to business; Changing dimensions of legal environment in Nepal

Unit 2: Nepalese Contract Law                                                                                8 Hours

Concept of contract; Valid, void and voidable contracts; Essentials of a valid contract; Offer and acceptance; Consideration; Free consent; Contingent contract; Performance of contract; Termination of contract; Breach of contract and remedies; Meaning of bailment and pledge; Rights and duties of bailor/bailee and pledger/pledge; Pledge by non-owner; Finder of lost goods; Discharge of liability; Contract of indemnity and guarantee; Rights and duties of surety.

Unit 3: Sale of Goods                                                                                                4 Hours

Meaning and feature of the contract of sale of goods; Types of goods; Conditions and warranties; Transfer of ownership; Unpaid seller; Suits of breach of the contract; Performance of the contract of sale of goods.

Unit 4: Agency and Business Organization                                                 10 Hours

Law of agency: Creation and modes of agency – Classification of Agents – Relation of Principal and Agent – Rights and duties of agents, sub-agents, principal, substitute agent; Relation of Principal with Third Party – Personal liability of Agent – Termination of Agency; Classification of companies; Formation and incorporation, registration, memorandum and articles of association, prospectus, shares and share capital, borrowing powers - debentures, board of directors and board meetings, minutes and resolution, auditing, dissolution, winding up, liquidation; Arbitration - powers of arbitrator, duties of arbitrator, revocation of arbitrator's authority .

Unit 5: Legal and Regularity Compliance                                                  5 Hours

Industrial Enterprises Act, Financial Institutions Act, Legal provisions relating to negotiable instruments, Right to Information Act; Consumer Protection Act. Introduction and major provision of Nepalese labor, Anti-Money Laundering Laws.

Unit 6: Laws Relating to Information Technology/Intellectual Property 12 Hours

Trade-Related Aspects of Property/Intellectual Property - Definition, scope and importance of intellectual property; Types of intellectual property, e.g patent, design, trade mark, industrial design, layout design, integrated circuit; Existing laws on intellectual property in Nepal; WTO's Treaty on Trade-Related Aspects of Intellectual Properties; Agreement relating to transfer of technology (supervisory mechanism-licensing and franchising), royalties and compliance of laws; Existing law on cyber law - Electronic Transactions (Digital Signature Attestation) Act, 2063 (especially on the crime and punishment); Nepal Telecommunication Act, 2045; Foreign Investment and Technology Transfer Act, 2049.

Basic Texts

• Wagle, R. and Pant, K. B. Legal Environment of Business in Nepal, Ratna Pustak Bhandar.
• Kalika, S. N. Business Law, Buddha Academic Enterprises Pvt. Ltd.
• Albuquerque, D. Legal Aspects of Business. Oxford University Press, New Delhi.

References

• Singh, Y. Cyber Laws, Universal Law Publishing Co., New Delhi.
• Related Nepal Acts and Regulations
• WTO.  A Final Act on the Embodiment of WTO, WTO publications, Geneva.