|| LA31710 |
|| COMMERCIAL LAW |
|| 2007/2008 |
|| Dr Jonathan M C Fitchen |
|| Semester 1 |
|| LA10110 or LA30110 or LA15710 and LA15830 or LA35830 |
| Course delivery
|| Seminars / Tutorials || 3 Hours. Three one hour seminars during the semester |
|| Lecture || 16 Hours. Two one hour lectures per week |
|Assessment Type||Assessment Length/Details||Proportion|
|Semester Exam||1.5 Hours ||100%|
|Supplementary Assessment|| By retaking the failed element || |
|| Not Required for Professional Purposes |
On successful completion of this module students should be able to:
To give the student a good knowledge of sale and supply of goods law. To further develop the student's understanding of the use of statute and case law. To develop the student's skills in applying the law to particular questions/ problems.
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 supply of services.
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 terms implied by statute into contracts for the sale of goods and / or for the supply of goods, their significance and the remedies available for their breach.
Commercial Law forms the background against which society functions. It is essential to the operation of the business world. The study of Commercial Law will provide the student with an insight into a vital area of modern legal study.
The Commercial Law 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 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. The module will also complement the study of the sale of goods contract by making explicit reference to its relationship with contracts for the supply of services. The module aims to familiarise the student with the relevant principles of the substantive law: 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.
To give the student a good knowledge of the law relating to the sale and supply of goods and, in doing so, to further the development of an awareness of the need for, and use of accurate language; a logical approach to problems; legal and analytical skills; effective communications skills and a critical approach to law and legal argument.
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 assessed written work.
Sale and supply of Goods
(a) Introduction - History - Definitions - Distinctions
(b) Implied terms Sale of Goods ? Title - Description - Satisfactory Quality - Fitness for purpose - Correspondence with Sample
(c) Implied terms concerning goods supplied rather than sold under a contract - Supply of Goods and Services Act 1982 - Contracts for services - scope of such contracts ? implied term of care and skill ? implied term for time of performance ? implied term in relation to consideration ? work and materials contracts, an illustration
(d) Passing of Property
(e) Risk, frustration and mistake
(g) Remedies - rejection and acceptance - damages for the buyer - real remedies of the seller - damages for the seller
** Recommended Text
Blackstone Statutes in Commercial and Consumer Law
Bradgate Commercial Law
This module is at CQFW Level 6