|| LA31810 |
|| COMMERCE & RISK |
|| 2006/2007 |
|| Dr Uta Kohl |
|| Semester 2 |
|| LA10110 or LA30110 or LA15710 and LA15830 or LA35830 |
| Course delivery
|| Lecture || 16 Hours. Two one hour lectures per week |
|| Seminars / Tutorials || 3 Hours. Three one hour seminars during the semester |
|Assessment Type||Assessment Length/Details||Proportion|
|Semester Exam||1.5 Hours one 1.5 hour exam ||100%|
|Supplementary Assessment||1.5 Hours one 1.5hr exam ||100%|
|| Not Required for Professional Purposes |
At the conclusion of the module students will have acquired a working knowledge of those particular aspects of commercial law selected for detailed study in the semester. Students will accordingly be encouraged to analyse and solve problems on a range of situations within those areas of law studied and will have acquired an appreciation of the interaction between commercial practice and commercial law.
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. In this Commercial Law Module traditional and new payment systems and insurance contract law is examined from the perspective as to how they facilitate trade through pragmatic legal rules, balancing the need for certainty with the requirement of flexibility to accommodate business needs. From this rather orthodox approach to the subject, Commercial & Risk moves on to examine how some of the existing commercial-legal certainties are challenged in new environments such as the Internet, as well as the various attempts and strategies of businesses and law-makers to rise to some of these challenges. This illustrates the dynamic nature of commerce and commercial law. Finally, the module will bring in yet another perspective on commercial activities and law which is the perspective of the consumer and to what extent the law forces or should force businesses to be receptive to their needs and legitimate expectations. A theme which runs through all the topics covered in the module is that of risks, what types of risks businesses or consumers vis-a-vis businesses face and to what extent the law and regulation does, can or should deal with these risks or at least play a complementary role in reducing them.
This module aims to introduce students to selected aspects of commercial law (other than those considered in LA 31710), as well as the commercial environment within which commercial law develops.
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 common 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.
1. Commerce, Risk and Society
2. Payment Systems
3. Insurance Contract Law
4. Some Aspects of E-Commerce
5. A Consumer Perspective on Commerce
** Recommended Text
L S Sealy & R J A Hooley (2003) Commercial Law - Text, Cases & Materials
Robert Bradgate (2000) Commercial Law
** Supplementary Text
Bradgate, Robert. Commercial law /
Sealy, L.S. Text and Materials in Commercial Law
edition 2r.e. . Butterworth 0406996881
This module is at CQFW Level 6