|Module Title||COMMERCIAL LAW 1|
|Co-ordinator||Miss 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 Blackstoness Commercial and Consumer Law statutes.||100%|
|Resit assessment||By Examination.|
|Professional Exemptions||Not Required for Professional Purposes|
The Commercial Law 1 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 which are available to the 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 the 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. Questions always arise as adaptation of a well established body of law to technological developments, such the issue of whether the supply of software should fall within this legal regime and the consequences of whether it does or does not do so. The module aims to familiarise the student with the relevant principles of the substantive law. However, it also aims to further develop the student?s 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 student?s critical approach to the subject and further enhance their skills in presenting a legal argument.
In particular, on completion of the module the student should
? Have enhanced their understanding of the use of case law
? Have enhanced their ability to use case law as part of a legal argument
? Have understood the scope of the Sale of Goods Act 1979 and the significance of its borderlines, particularly in relation to contracts concerned with the provision of software.
? Have understand the property rules and their significance, particularly in relation to the insolvency of the other party to the sale transaction
? Have understood the implied terms as to the `quality? of the goods and their significance and the remedies available for their breach.
(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
Students are expected to complete one piece of non-assessed written work.