Commercial Law

Course NameCommercial Law
Course CodeLEG341
DescriptionStudents will study the application of legal principles to particular commercial transactions and the practical issues involved. Commercial law is concerned with obligations between parties to commercial transactions and the relationship with rules of personal property. Emphasis is placed on both knowledge of principles and the ability to apply the rules of law to achieve practical solutions to practical problems. Students will become familiar with a range of issues including ownership of or title to goods, transfers of title and its effect on third parties, and the passing of property between buyer and seller.
Learning OutcomesOn successful completion of the course, students are expected to have knowledge an understanding of the main concepts and principles of Commercial Law in England & Wales, and in particular be able to:
– Demonstrate a critical understanding of the origins and sources of commercial law and the forces that shape commercial law today;
– Explain the difference between possession and ownership and between legal and equitable interests in personal property; explain the different forms of personal property and the different contracts under which they are transferred, including sale, gift, hire, purchase and bailment;
– Demonstrate a detailed understanding of the nature of a sale of goods and the of the distinguishing features of a business-to-business sale versus a trader-to-consumer sale, and how the law has evolved to create these two distinct regimes;
– Explain the statutory framework in England & Wales governing contracts for the sale of goods between businesses and to consumers, with particular regard to the terms implied by the legislation, the passing of property and the nemo dat rule, and select the relevant legal principles to synthesize solutions to problems;
– Analyze the nature of the buyer’s and seller’s rights under a contract of sale and the remedies available when these contractual rights have been breached, and the efficacy of attempts to exempt liability for a breach of such contractual rights;
– Demonstrate an understanding of the legal conception of the bank/customer relationship and the nature, function and features of bills of exchange;
– Show an understanding of the nature and commercial function of credit and security, the different forms security takes, and the mechanisms by which things in action may be transferred by assignment;
– Understand and critically analyze the consumer credit regime;
– Demonstrate an understanding of how agency relationships are created, the scope of an agent’s authority, and the rights and obligations of agents, principals and third parties in relation to each other; analyze instances of agency that arise without the parties’ explicit consent;
– Apply knowledge gained to analyze complex legal questions and synthesize responses to problems;
– Critique standard legal materials and arguments;
– Conduct complex research exercises and use research evidence appropriately to support arguments; and
– Work with others on a learning task, including providing effective feedback and responding positively to suggestions and criticism from others.
SchoolJohn H. Carey II School of Law
Number of credits (US / ECTS)3 US / 6 ECTS
PrerequisitesLevel 5 LLB or Permission of the Dean