|Module Title||COMMERCIAL LAW 1|
|Co-ordinator||Ms Elizabeth Macdonald|
|Pre-Requisite||LA10110 or LA30110 or LA15710 and LA15830 or LA35830|
|Course delivery||Seminar||4 Hours Four one hour seminars during the semester|
|Lecture||20 Hours Two one hour lectures per week|
|Assessment||Exam||2 Hours Students may take into the examination an unmarked copy of Blackstones's Commercial and Consumer Law statutes.||100%|
|Resit assessment||By Examination.|
|Professional Exemptions||Not Required for Professional Purposes|
Commercial law forms much of the background against which society functions. It is essential to the operation of the business world. However the legal aspects of transactions are not always at the forefront of the minds of those entering into them or carrying them through. Legal rules may not be considered until one side finds that something has gone wrong and a legal remedy is required. The student is faced with the challenge of a subject which has to deal with the tensions created by the need for a legal environment providing clear and certain rules and the requirement of sufficient flexibility to reach a satisfactory result where the transaction was entered upon without thought for the legal rules. Commercial Law should facilitate trade and not place undue technical difficulties in its path. The study of Commercial Law will provide students with an insight into a vital area of modern legal study.
The Commercial Law One module deals extensively with what is probably the most fundamental commercial transaction - sale of goods. It deals with all aspects of that particular type of contract from the quality of the goods, their delivery, passing of property, to the remedies available to an injured party. Some of these matters will be of obvious immediate relevance, concerning problems which students encounter in everyday life. The statutorily implied terms as to the quality of goods may be immediately helpful when consumer goods, such as a hi-fi system are purchased and prove to be unsatisfactory; breach even giving the purchaser a right to reject the goods. However, the course also deals with legal problems which are more commonly only encountered in the business world. In considering the law relating to sale of goods we not only have to consider contractual rights but also property rights. Particularly at times when insolvency rates are high, it will be vital to know which party is the owner of the goods at each stage of the transaction. Retaining title to the goods after delivery is an important way for the seller to protect himself against the buyer's insolvency if he allows the buyer to take possession of the goods before they have been paid for. The module aims to familiarise the student with the relevant principles of the substantive law. However, it also aims to further develop the students skills in handling statutory material and case law. In particular the lectures emphasise the development of the law through the decisions of the courts. The seminars aim to develop the students critical approach to the subject and further enhance their skills in presenting a legal argument.
To give the student a good understanding of the law relating to the sale of goods and, in so doing, to further the development of an awareness of the need for, and use of, accurate language; a logical approach to problems; legal analytical skills; effective communication skills, both orally and on paper, and a critical approach to law and legal argument
Module objectives / Learning outcomes
To give the student a good understanding of sale of goods law. To further develop the student's understanding of the use of statute and case law. To develop the understanding of the tensions generated by the application of the same legal rules in very different contexts (i.e. commercial and consumer). To develop the student's skills in applying the law to particular questions/ problems.
Sale of Goods
(a) Introduction - History - Definitions
(b) Implied terms - Description - Satisfactory Quality - Fitness for purpose - Correspondence with Sample
(c) Passing of Property
(d) Risk, frustration and mistake
(f) Remedies - rejection and acceptance - damages for the buyer - real remedies of the seller - damages for the seller
The course is taught by lectures and seminars. It is intended that the lectures will introduce the student to the essential elements of the subject and encourage the further development of the student's understanding of the functioning of the law. Seminars should then build upon the lectures and the student's own reading. Seminars are intended to further develop the student's ability to analyse problems and present a reasoned argument.
Students are expected to complete one piece of non-assessed written work.
** Recommended Text
Bradgate. Commercial Law. 2nd.
Blackstone. Statutes in Commercial and Consumer Law.