Commercial Law
| Module title | Commercial Law |
|---|---|
| Module code | LAW3019 |
| Academic year | 2020/1 |
| Credits | 30 |
| Module staff | Dr Severine Saintier (Lecturer) Professor Andrea Lista (Lecturer) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 12 | 11 |
| Number students taking module (anticipated) | 48 |
|---|
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 both from a domestic (England and Wales) as well as from an international viewpoint. The focus will be on sale of goods and agency. Stress will be laid on the practical implications of the rules of commercial law, together with more theoretical issues. The module aims (a) to give you an understanding of different aspects of commercial (and consumer) law; (b) to encourage you to think practically in this field, and apply the legal rules and principles you have learned to specific commercial situations; and (c) to enable you to identify and evaluate issues within commercial law.
LAW1004 Law of Contract is a pre-requisite and no co-requisites are required. The module is not suitable for non-specialist students or those on interdisciplinary pathways.
Module aims - intentions of the module
The aim of this module is to develop your understanding of key aspects of commercial law, including how sales contracts are created, what rights the parties enjoy and what kind of liabilities such contracts may give rise to domestically as well as under international law; how intermediaries are used to get the goods to the market and the relations that exist between manufacturers and customers. 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 a thorough understanding of the main areas of commercial law in England and Wales and internationally, and be able to discuss the practical and business context in which they operate;
- 2. Demonstrate a critical awareness of relevant issues, and identify and analyse critically legal problems in the commercial law context; and
- 3. Demonstrate an awareness of pragmatic, commercial, moral, policy and/or other issues in this field.
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. Read legislation and case law, and apply it critically to specific commercial situations
- 5. Identify and evaluate critically legal data from more than one source or jurisdiction;
- 6. Analyse and apply legal data to specific facts and deduce likely outcomes where law is indeterminate;
- 7. Analyse and apply theoretical knowledge to specific situations;
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 8. Demonstrate effective and persuasive communication skills in assessments and discussion;
- 9. Demonstrate sound research skills; and demonstrate effective team skills;
- 10. Work independently, within a limited time frame, to complete a specified task.
Syllabus plan
Whilst the module’s precise content and order of syllabus coverage may vary, it is envisaged that it will include some of the following topics:-
Introduction to commercial law
Agency:external relationship
Implied terms
Passing of risk and property
Remedies of the buyer
Remedies of the seller
Agency: the external relationship
Sale of goods
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 |
|---|---|---|
| 53 | 247 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled learning and teaching activities | 44 | 22 x 2 hour Lectures |
| Scheduled learning and teaching activities | 9 | 6 x 1.5 hour workshops |
| Guided independent study | 111 | Individual reading and lecture preparation |
| Guided independent study | 37 | Workshop preparation |
| Guided independent study | 82 | Assessment preparation |
| Guided independent study | 17 | Formative assessment |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Workshop participation | Various | 1-9 | Oral |
| 2 x written formative assessments | Approx. 1000 words each | 1-9 | Written |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 0 | 75 | 25 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Examination | 75 | 3 hours | 1-8,10 | Generic written feedback |
| Individual Oral presentation | 25 | 20 minutes | 1-10 | Written Feedback |
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 |
|---|---|---|---|
| Examination | Examination (3 hours) | 1-8, 10 | August / September assessment period |
| Individual Oral presentation | Individual Oral presentation(20 minutes) | 1-10 | August/September assessment period |
Indicative learning resources - Basic reading
Key Texts:
Munday, Agency: law and principles (3rd edition, OUP, 2016)
Adams, McQueen, Atiyah sale of goods, (2016)
A Lista international commercial sales: the sale of goods on shipment terms
Charles Debattista "Bills of Lading in Export Trade", Tottel Publishing; 3rd Revised edition (2009)
Jack's "Documentary Credits", Tottel Publishing; 4th Revised edition edition (28 Feb 2009)
LS Sealy and RJA Hooley, Commercial Law: Text, Cases, and Materials (4th edition, OUP 2009)
Further reading might include:
Bridge, Benjamin’s Sale of Goods (13thth edition 2014);
Bridge, The Sale of Goods (13nd edition OUP 2014)
Indicative learning resources - Web based and electronic resources
ELE – http://vle.exeter.ac.uk/
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 6 |
| Available as distance learning? | No |
| Origin date | 01/10/2002 |
| Last revision date | 13/08/2020 |
