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Commercial Law

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 and purpose of commercial law
• Sources of domestic commercial sales: English law and SOGA 1979,
• Formation of the contract
• Performance of the contract: implied terms, transfer of risk and property
• Rejection and remedies for breach of contract
• Agency law: introduction and the external relationship (relation between the principal and the third party)

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

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: 

Atiyah Sale of goods

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)

Munday, agency law and principles (available electronically)

Key words search

HKUST, JD, Commercial Law, sale of goods, international sales