OPEN UNIVERSITY OF MAURITIUS

Taught Postgraduate Programme Specification

Master of Laws (LLM) in

Business Law and Governance

1. PROGRAMME INFORMATION
Master of Laws (LLM) in
Title of the Final Award Business Law and Governance

Code OUpm022
Awarding Body Open University of Mauritius
Disciplinary Division Law
Programme Duration Minimum 2 years | Maximum 4 years
120
Total Credits 60 Credits 30 Credits
per academic year per semester
MQA NQF Level Level 9
EHEA Level Level 7
External Accreditors Not applicable
Collaborative Partners Not applicable

Programme Approval
November 2021
Date

Last Revision Not applicable

Last Update November 2021

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 2. ENTRY REQUIREMENTS

General Entry Requirements under Direct Entry to Taught Postgraduate

Programmes:

A person will be admitted as a student for the Postgraduate Programme if

he/she

a) holds a law degree from a recognised institution and has obtained a

result, not below second-class second-division

Or

General b) holds an undergraduate degree in any field from a recognised

institution and has obtained a result, not below second-class first-
division

Programme
Credit in English at Ordinary Level (O-Level)
Specific

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 3. PROGRAMME OVERVIEW

The LLM In Business Law and Governance is a 2-year programme that will
enable students to enhance their ongoing skills and knowledge within the
various areas of business law.

Aim and The Master of Laws will allow the learners to expand their knowledge in the
Objectives field of governance. Furthermore, the programme is devised in such a way that
of the Programme learners will be in a better position to analyse and cope with the rapidly-
changing fields of Law.

After completing this programme, learners will have deeper exposure to

business law and governance to assess and evaluate business-related legal
situations, deal effectively with legal problems faced by business, conduct
research and provide recommendations on the improvement of the business
environment.

Intended Learning Outcomes: After completing this programme, students will be able to:

K1: Demonstrate an advanced understanding of aspects of the law that impact

business and practices
K2: Explore and study legal theory, philosophy, and history for professional
outcomes
K3: Undertake independent enquiry, applying qualitative and quantitative data
Knowledge and to enhance their academic and professional capacities by contributing to the
Understanding wider, global, and national community
K4: Articulate pertinent evaluation of complex legal, economic and political
issues surrounding an organisation
K5: Raise awareness of the current issues affecting the business environment
and the established legal framework
K6: Show understanding of business law scope and importance of governance
application.
C1: Analyse and apply legal reasoning to solve business context Issues
C2: Do the mind mapping of rules and policies to devise critical solutions
C3: Evaluate and critically analyse primary and secondary data in the business
context
Cognitive Skills C4: Assess the reliability and effectiveness of national and international
enforcement agencies
C5: Argue the application of legal principles and policies and make critical
judgments by engaging in critical evaluation and reflection
C6: Evaluate and critically analyse governance strategies and adapt to a wide
range of real-life problems.

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 P1: Investigate the corporate environment and assess the relationship between
Practical/ law and business
Professional Skills P2: Demonstrate an ability to apply concepts, principles, and policies and make
critical judgments
P3: Plan and conduct advance legal research using adequate methodologies.

T1: Effectively communicate ideas and arguments in writing and orally

T2: Collaborate with others and contribute effectively to branch out into
Transferable Skills different areas of legal theory and practice
T3: Work independently demonstrating initiative and self-management,
preparing yourself for more senior roles
T4: Adapt different technological tools for learning and teaching.

4. PROFESSIONAL, STATUTORY, AND REGULATORY BODIES

(where applicable)
Not applicable

5. LEARNING AND TEACHING STRATEGY

Learning and Teaching Methods

Students will be provided with opportunities to engage in a diverse range of learning environments to
maximise their learning. For this programme, students will interact with their tutor and their fellow
students mostly through the e-platform.

The e-platform will use the following tools:

- Online activities: For every unit covered in each module, students will be given opportunities to
complete interactive learning activities including discussion forums, quizzes, webinars, and
problem-solving activities. Students will be encouraged to work independently but also to
engage in collaborative work.

- Independent study: Independent study forms an essential part of the development of your
knowledge and understanding. We will guide you, via the e-platform, on the reading and
reflection of primary and secondary texts. Students should use this independent study time to
link knowledge with e-class and face-to-face activities and develop their understanding and
critical perspective on the topics they are studying.

We also offer optional face-to-face sessions.

The face-to-face sessions are an opportunity to untangle complex concepts and provide students with
an opportunity to apply the knowledge acquired in the preceding weeks.

During the face-to-face sessions, students can be expected to:

- Extensively use IT tools
- Engage in problem-solving activities
- Engage with reading material to engage in class discussions
- Review core/complex concepts through applied work.

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 Dissertation Supervision:

Students will have to undertake a dissertation, supervised by one of our tutors with expertise in the
area of the project topic. Students will have the opportunity to meet with the supervisor to explore the
topic, receive guidance on the conception and development and receive feedback on the work as it
progresses.

Overall Workload
The overall workload for the student will consist of independent learning, e-learning activities and if
you choose to, face-to-face sessions. The following gives you an indication of how much time you will
need to spend on the different components of your programme at each level. Each ECTS credit taken
equates to 25-30 hours of study time.

The expected study time for this programme will be as follows:

Year 1: 1,500 hours for 60 ECTS credits.

Year 2: 1,500 hours for 60 ECTS credits.

Typically, for each year of your study, you will spend 0-10% of your time in face-to-face sessions, 30-
40% of your time engaging with e-learning activities, and 60% of your time in independent study time.

A typical study week for a student will involve some optional face-to-face sessions, required
engagement in an online discussion forum, the completion of online activities, and independent study
time to review attached readings, textbooks, and relevant sections of the module documentation.
Students should expect to devote 8 to 12 hours of study time per week per module.

These are indicative and may vary from student to student.

6. ASSESSMENT STRATEGY
Assessment Methods

A range of formative and summative assessment exercises are designed to enable the demonstration
and application of knowledge and understanding.

Some modules will consist of a Tutor-Marked Assessment component and an examination. TMAs
include:
• Presentation
• Exercises and problems set assigments
• Online activities
• Coursework
• Exams

Academic Feedback
Throughout your studies, tutors will provide informal feedback on your coursework, online activities
and class contributions. Feedback may be individual or provided to the class as a whole.

Each summative assessment will be accompanied by detailed marking criteria and a marking scheme
detailing the expectation of the assessment at each grade classification level.

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 Feedback on assessment will be provided along with the marking criteria. Marking criteria will be made
available to the student at the same time as the coursework/assessment details.

Students will receive written individual feedback on all TMA components.

The University Policy on Assessment Feedback and Guidance on Provisional Marks can be found in
General Rules.

Late submission, Extension, and Re-sit Policy

The University Policy on Late Submission, Extension, and Re-sits can be found in the General Rules.

Special Circumstances
The University Policy on Special Circumstances can be found in the General Rules.
Continuous assessment and Exam Regulations

The University Regulations on Continuous Assessment and Examination can be found in the General
Rules.

7. ACADEMIC MISCONDUCT

As a safeguard to the quality and standard of Open University’s qualifications and awards, the University
takes any incidence of academic misconduct seriously and will investigate any reported case.

Academic Misconduct refers to any activity where a student, through unpermitted means, seeks to gain an
advantage in the completion of an assessment. Any unpermitted action will be considered as academic
misconduct when occurring during a formal examination, a TMA, or any other form of assessment
considered by the Board of Examiners and undertaken in pursuit of a University qualification or award.

Plagiarism (using, intentionally, or unintentionally another person's work and presenting it as one's own) will
be systematically checked through an automated plagiarism detection software: Turnitin.

Any suspected cases of academic misconduct will be reported and investigated. Academic misconduct
offences may lead to suspension or expulsion from the University.

The University Regulations on Academic Misconduct can be found in the General Rules.

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 8. PROGRAMME STRUCTURE
C Core i.e., modules that must be taken to be eligible for the award
E Elective i.e., one of the two modules must be chosen by the student
S1 Semester 1
S2 Semester 2

Year 1 – Level 9 (NQ-MQA)

2nd Cycle Advanced (NQ-EHEA)
All core modules are compulsory.
Code Module Title Type Semester Credits
OUpm022111 Introduction to Law and the Legal System C S1 10
OUpm022112 Company Law and Corporate Reconstruction C S1 10
OUpm022113 International Contracts C S1 10

OUpm022121 Law Relating to Capital Markets and Finance C S2 10

OUpm022122 Islamic Law on Banking and Contract E S2 10
OUpm022123 Comparative Tax Law E S2 10
OUpm022124 Advanced Legal Research and Methodology C S2 10
Credit Total 60

Year 2 – Level 9 (NQ-MQA)

2nd Cycle Advanced (NQ-EHEA)
All core modules are compulsory.
Code Module Title Type Semester Credits
OUpm022211 Dissertation C S1 20
OUpm022212 Litigation and Alternative Dispute Resolution C S1 10

OUpm022221 Law Relating to Fraud and Financial Crime C S2 10

OUpm022222 E-Financing, Entrepreneurship and Law C S2 10
OUpm022223 Corporate Governance and Compliance C S2 10
Credit Total 60

Overall Programme Credit Total 120

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 9. GRADING

Grading system:

Assessments are graded in percentage and correspond to a letter grade and a grade point.

To pass a module, Students need an overall 40% weighted average of their:

a) Combined continuous assessment (TMA) and examination.
Or
b) Combined course works and presentations.

Marks (x) % Description Letter Grade Grade Point

X ≥ 70 Excellent A 5
60 ≤ X < 70 Very Good B 4
50 ≤ X < 60 Good C 3
40 ≤ X < 50 Satisfactory D 2
X < 40 Ungraded U 0
See section 17.1.1 in Assessment Rules and Regulations for pending
Non-graded/Pending
grades letter codes.

Students will normally not be allowed to postpone more than one module for the following semester.

If a student obtains a grade “U” in three or more modules in the same semester, and the CPA is below
40 for that semester, the student will be requested to repeat the semester unless decided otherwise by
the Academic Council upon the recommendation of the Board of Examiners. When repeating a
semester, a student may or may not take the modules for which Grade C or above has been obtained.

If after completing a level the student’s CPA < 40, the student will have to repeat the entire academic
year and retake the modules as and when offered. However, s/he will not be required, if s/he wishes, to
retake 3 module(s) for which Grade C or above has been obtained.

Students will not be allowed to repeat more than two semesters during the entire duration of the
programme.

University general marking criteria for undergraduate exams and undergraduate dissertations can be
found in the General Rules.

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 Cumulative Point Average (CPA)

Total CPA for Undergraduate degrees is calculated by:

a) Multiplying the module credit by the % marks for the module and then summed up and divided
by the total credits attempted over the cumulative period at each level (1 semester or 1 year).
AND

b) Taking the weighted average of the obtained CPAs at each level. The respective weights being
set as follows: the CPA of level 5 modules (year 1) will be weighted at 15% (0.15), the CPA of
level 6 modules (year 2) will be weighted at 35% (0.35) and the CPA of level 7/8 modules (year 3
and/or 4) will be weighted at 50% (0.5).

Example calculation of the CPA at level 9 for taught postgraduate programmes:

Course Level 9 % Scores ECTS Credit Unit Module Credit x % Score

OUpm022111 64 10 64*10 = 640
OUpm022112 71 10 71*10 = 710
OUpm022113 44 10 44*10 = 440
OUpm022121 59 10 59* 10 = 590
OUpm022122/123 57 10 57*10 = 570
OUpm022124 49 10 49*10 = 490
OUpm022211 62 20 62*20 = 1240
OUpm022212 51 10 51*10 = 510
OUpm022221 65 10 65*10 = 650
OUpm022222 60 10 60*10 = 600
OUpm022223 68 10 68*10 = 680
Total 120 7120

CPA: 6855/120 = 59.3

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 10. PROGRESSION, EXIT POINTS, AND AWARD

Classification of Awards

For the award of the Master’s Degree, all modules of the programme must be completed.

The postgraduate certificate and diploma are awarded as possible exit points in the programme as
indicated in the table below:

Level Total Required

Award Title Classification
NQ-MQA Credits

Master of in Business Law and

9 120
Laws Governance
Distinction: CPA ≥ 70
Post
in Business Law and Merit: 60 ≤ CPA < 70
Graduate 9 90
Governance
Diploma
Pass: 40 ≤ CPA < 60

Post No Award: CPA < 40

in Business Law and
Graduate
Governance 9 60
Certificate

11. STUDENT SUPPORT

Support available through [email protected]

12. HAVE YOUR SAY

Open University values student feedback and students will be given opportunities to have their say on their
learning experience in the following way:

 Student programme and module evaluation surveys

 Acting as a student representative and participate in a range of committees such as the staff-student
consultative committee
 Participating in programme validation processes.

The University will respond to student feedback through the following channels:

 Response and action taken following the module evaluation survey will be posted on the e-platform.
 Action from minutes will be monitored by the chair of the relevant committees.
 An annual programme monitoring process will take into account student feedback.
 Programme review process (every five years).

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 13. Module Outline and Assessment Structure

Year 1 / Semester 1
1 Introduction to Law and the Legal System - OUpm022111

This module aims at introduing law as a instrument and assessing it’s application within a
Aims
jurisdiction.

 Explain the different philosophies of law

• Develop critical appraisal of the different branches of law
Learning • Evaluate the application of Law In Mauritius and other jurisdiction
Outcomes • Apply appropriate legal reasoning to appraise the various aims that a functioning legal
system can serve

40%
Coursework
Assessment 10 % 50%
• Problem-based assignment – 30%
Structure Online Activities Exams
• Presentation– 10%

2 Company Law and Corporate Reconstruction - OUpm022112

This module aims at analysing the concepts of the law of companies and develop an
Aims
understanding of the importance of corporate rescue.

 Explain the key components of company law

• Develop critical appraisal of duties assigned to directors and their role in an
Learning organisation
Outcomes • Critically analyse the corporate rescue approaches
• Apply appropriate legal reasoning in the business context.

40%
Coursework
Assessment 10 % • Problem-based assignment – 50%
Structure Online Activities 30% Exams
• Presentation– 10%

3 International Contracts - OUpm022113

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 This module aims at analysing the concepts of Contract law between parties based in different
Aims
countries and in which way they are obligated to do certain things or not.

 Explain the key components of Contract law, International contracts and Electronic
contracts
Learning • Develop critical appraisal of the UNIDROIT principles
Outcomes • Critically analyse the relationship between international contracts and trade
Apply appropriate legal reasoning in the business context.

40%
Coursework
Assessment 10 % • Problem-based assignment – 50%
Structure Online Activities 30% Exams
• Presentation– 10%

Year 1 / Semester 2
1 Law relating to Capital Markets and Finance - OUpm022121

This module will focus on Securities/Capital Markets Law. Students will be able to analyse
issues on the double taxation avoidance agreement and issue of securities to raise capital as
Aims
well as assist security holders seeking to sell their securities, or banks and investment banks
that underwrite and sell such securities.

 Understand transactional processes which permeate the world of capital markets

 Advise debt and equity issuers and the investment banks which structure and sell the
Learning financial instruments
Outcomes  Develop an understanding of finance and the capital market
 Advise financial instruments are usually designed to raise money for a business from
investors in the business.

40%
Coursework
Assessment 10 %  Problem-based 50%
Structure Online Activities assignment – 30% Exams
 Presentation– 10%

2 Islamic Law on Contract, Banking and Finance - OUpm022122

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 The aim of the module is to Introduce learners to Islamic banking and finance to be able to
understand how the principles learned are applied in practice. This module will also analyse
Aims
restrictions which are imposed on all Islamic finance agreements, and the rationale behind
these restrictions.

 Understand and explain the key features of Islamic contract law and explain how they
influence Islamic finance agreements
 Describe the complex structure of Islamic banking products and the main contract
Learning
types upon which they are based
Outcomes
 Evaluate the application of Islamic banking products as opposed to conventional
western counterparts
 Apply their knowledge of the main types of Islamic finance agreements.

40%
Coursework
Assessment 10 %  Problem-based 50%
Structure Online Activities assignment – 30% Exams
 Presentation– 10%

3 Comparative Tax Law - OUpm022123

This module will focus on the importance of comparative tax law as a venue for new academic
scholarship, as well as its legal practical applications. Students will have a comparative
Aims
overview of the tax systems of various countries with a view to developing a conceptual and
practical understanding of the reasons why tax systems differ in two or more different
jurisdictions.

 Develop an understanding of conceptual issues relating to tax system design in

developed and developing countries
 Assess tax system design and practice issues in an international context through the
Learning
comparative nature of the course
Outcomes
 Analyse social and ethical factors that underpin tax system development around the
world
 Evaluate the application of tax systems in different situations, Issues and cotexts.

40%
Coursework
Assessment 10 %  Problem-based 50%
Structure Online Activities assignment – 30% Exams
 Presentation– 10%

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 4 Advanced Legal Research and Methodology - OUpm022124

This module will offer students an opportunity to gain an in-depth working knowledge of legal
research methods and resources. The course will emphasise the use and comparison of a
Aims
broad range of legal research tools, with a focus on electronic materials.

 Demonstrate advanced knowledge and integrated understanding of the

theoretical bases of legal research
 Demonstrate advanced knowledge and integrated understanding of the
methodologies through which legal research is conducted in both a professional and
scholarly context
Learning
 Engage in high-level written communication in explaining and justifying research
Outcomes
design to both specialist and non-specialist audiences
 Write and present a research proposal.

100% Coursework
Assessment
 Research proposal- 80%
Structure
 Viva Voce- 20%

Year 2/ Semester 1
1 Dissertation - OUpm022211

Students are required to write a supervised research dissertation on an approved topic. The
Aims dissertation will be written and assessed as per procedures approved by the awarding
institution.

 Analyse the foundational principles of their chosen thesis topic in law, undertake
legal research with primary and secondary materials, and evaluate legal information
Learning  Apply the law to complex issues, and critically analyse the operation of the law from a
Outcomes policy perspective, individually
 Conduct and analyse legal research, and write, individually
 Reflect on their abilities to effectively undertake individual work.

100% Coursework
Assessment
Dissertation which should be in the range of 15,000–18,000 words
Structure

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 2 Litigation and Alternative Dispute Resolution - OUpm022212

This module aims at assessing the theory and practice of ADR methods in the context of an
Aims adversarial legal system, to develop an understanding of the operation and implications of
various ADR theories and practices, and to assess their value.

 Develop and understand different methods of resolving disputes as alternatives to

litigation
Learning  Analyse the different roles played by the neutral and the parties in the various
Outcomes Alternative Dispute Resolution processes
 Apply dispute resolution knowledge and skills in solving real-world conflicts
 Communicate mediation principles both orally and in writing.

40%
Coursework
Assessment 10 % • Problem-based assignment – 50%
Structure Online Activities 30% Exams
• Presentation– 10%

Year 2 / Semester 2
1 Law relating to Fraud and Financial Crime- OUpm022221
This module is aimed at analysing how Criminal law, financial market practice, and financial
regulation should all interact. This course will also investigate where Criminal law works better
Aims
and where financial regulation works better when tackling the kinds of abusive practice.

 Demonstrate an advanced understanding and analyse insider dealing and market

abuse
Learning  Critically analyse fraud and market manipulation as emerging concerns
Outcomes  Evaluate the application of the law on money-laundering
Apply knowledge and understanding to offer conclusions addressing complex or
actual, or hypothetical financial crime problems.

40%
Coursework
Assessment 10 % 50%
• Problem-based assignment –
Structure Online Activities Exams
30%
• Presentation– 10%

2 E-Financing, Entrepreneurship and Law - OUpm022222

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 This module aims at analysisng the law of e-financing, its stand today and how it may likely
Aims develop in the future. This module will also evaluate the application of law in enhancing
entrepreneurship.

 Understand and evaluate the application of e-financing with focus on money

transmission, compliance and avoidance strategies
 Assess the financing arrangements and governance structures of business entities, to
Learning evaluate how theory and evidence can be combined
Outcomes  Explain, apply, discuss and critically evaluate well-established legal concepts,
principles, theories and perspectives relevant to entrepreneurship and financial
transactions
 Develop individual opinions and arguments on commercial and financial legal issues.

40%
Coursework
Assessment 10 % • Problem-based assignment – 50%
Structure Online Activities 30% Exams
• Presentation– 10%

3 Corporate Governance and Compliance - OUpm022223

This module is aimed at analysing corporate governance and evaluating its application in
mitigating risks in a company within the bounds of the law. The combination of rules,
Aims processes, or laws by which businesses are operated, regulated, or controlled will also be
assessed.

 Assess corporate governance as the combination of rules, processes, or laws by which

businesses are operated, regulated, or controlled
 Understand and assess the application of guiding philosophies behind governance
Learning and its operation
Outcomes  Analyse and evaluate Compliance risk and its impact on an organisation's potential
exposure to legal penalties, financial forfeiture, and material loss
 Evaluate the relationship between governance and compliance.

40%
Coursework
Assessment 10 % • Problem-based assignment – 50%
Structure Online Activities 30% Exams
• Presentation– 10%

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 14. Curriculum Map of Programme Modules Against Intended Learning Outcomes

Transferable
Module Unit and Code Knowledge and Understanding Cognitive Skills Practical Skills
Skills

Module title Code Type Mode K1 K2 K3 K4 K5 K6 C1 C2 C3 C4 C5 C6 P1 P2 P3 T1 T2 T3 T4

Year 1 – Level 9 (NQ-MQA) – 2nd Cycle Advanced (NQ-EHEA)

Introdcution to Law and the

OUpm022111 C BL ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Legal System
Company Law and Corporate
OUpm022112 C BL ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Reconstruction
International Contracts OUpm022113 C BL ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Law Relating to Capital Markets
OUpm022121 C BL ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
and Finance
Islamic Law on Banking and
OUpm022122 E BL ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Contract
Comparative Tax Law OUpm022123 E BL ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Advanced Legal Research and
OUpm022124 C BL ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Methodology
Year 2 – Level 9 (NQ-MQA) – 2nd cycle Advanced (NQ-EHEA)

Dissertation OUpm022211 C BL ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Litigation and Alternative
OUpm022212 C BL ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Dispute Resolution
Law Relating to Fraud and
OUpm022221 C BL ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Financial Crime
E-Financing, Entrepreneurship
OUpm022222 C BL ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
and Law
Corporate Governance and
OUpm022223 C BL ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Compliance

C = Core; E = Elective; DL = Distance Learning; BL= Blended Learning; CD = Campus Delivery

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