Commercial Law
| Module title | Commercial Law |
|---|---|
| Module code | LAW3161H |
| Academic year | 2019/0 |
| Credits | 15 |
| Module staff | (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 0 | 11 | 0 |
| Number students taking module (anticipated) | 5 |
|---|
Module description
This is a crucial module if you are considering working in the area of commercial law. It examines key aspects of commercial law of sales from an international viewpoint, appreciating the impact of domestic (England and Wales) practice in the field. The focus will be on sale of goods. Stress will be laid on the practical implications of the rules of commercial law, together with more theoretical issues. This will provide you with an understanding of different aspects of commercial law; (b) to encourage you to think practically in this field, and apply the legal rules and principles they have learned to specific commercial situations; and (c) to enable you to identify and evaluate issues within commercial law.
Module aims - intentions of the module
This module is only available to students studying for the JD on the HKUST-Exeter Programmes in Law. The aim of this module is to develop your understanding of key aspects of commercial law, including how sales contract are created, what rights the parties enjoy and what kind of liabilities such contracts may give rise to under international law. Consideration will be given to the aims of commercial law and its efficacy in achieving its aims.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. demonstrate detailed and comprehensive knowledge of commercial law and a substantial range of major concepts, values and principles relevant to its application
- 2. demonstrate ability to identify, explain and critically evaluate key issues in commercial law and to apply relevant rules and theories
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. demonstrate detailed and comprehensive knowledge of legal concepts and their contextual, social, and political implications
- 4. demonstrate ability to apply legal knowledge to a problem or case study and to suggest a conclusion supported by relevant arguments
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. demonstrate ability to manage relevant learning resources, information, and learning strategies, and to develop own arguments and opinions with minimum guidance
- 6. demonstrate ability to work independently and to manage time efficiently in preparing for scheduled learning activities, exercises and assessment
Syllabus plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:
- Introduction to commercial law
- Sources of international commercial sales: English law and SOGA 1979, Incoterms, CIF and FOB contracts, 1980 Vienna Convention on International sale of goods
- Creation of the contract: incorporation of standard terms and transport obligations
- Transfer of risk and property
- Seller’s duty re the goods and documents
- Bills of lading
- Letters of credit
- Rejection and remedies for breach of contract
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 26 | 124 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled learning and teaching | 4 | 4 x 1 hour tutorials |
| Scheduled learning and teaching | 22 | 11 x 2 hour lectures |
| Guided independent study | 84 | Reading and preparing for tutorials |
| Guided independent study | 40 | Researching and writing essays |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Tutorial questions | 4 x 1 hour | 1-6 | Feedback in tutorial from tutor |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Best two out of maximum four essays (one per tutorial, each with equal weight) | 100 | 800 words per essay | 1-6 | Feedback in tutorial from tutor |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Best two out of maximum four essays | One essay: 1600 words | 1-6 | August/September referred/deferred period |
Indicative learning resources - Basic reading
This reading list is indicative, providing an idea of textbooks that may be useful to you on this module, but it is not a confirmed or compulsory reading list:
The latest editions of:
Debattista, Bills of Lading in Export Trade (Tottel)
Jack, Documentary Credits (Tottel)
Sealy and Hooley, Commercial Law: Text, Cases, and Materials (Oxford)
Bridge, Benjamin’s Sale of Goods (Sweet and Maxwell)
Bridge, The Sale of Goods (Oxford)
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | none |
| Module co-requisites | none |
| NQF level (module) | 6 |
| Available as distance learning? | No |
| Origin date | 14/12/2016 |
| Last revision date | 10/01/2019 |
