Module SXL-3150:
Commercial Law

Module Facts

Run by School of History, Law and Social Sciences

20.000 Credits or 10.000 ECTS Credits

Semester 1

Organiser: Prof Zhen Jing

Overall aims and purpose

The initial aim of this module is to consolidate the students’ knowledge of the general law of contract, especially remedies. Thereafter the module seeks to provide the students with a sound academic understanding of the laws of England and Wales pertaining to the sales of goods, sufficient for the students to be able to identify and solve problems arising in common commercial contracts relating to the sales of goods. Once the students have mastered the subjects covered by this module they will then be equipped to move on to study more specialised aspects of commercial law, for example consumer law as a substantive subject and international sales law.

Course content

The course will contain lectures dealing with the distinction between sale; service; hire; hire purchase and barter transactions and with the significance of these distinctions. These will be followed by lectures and tutorials to include the duties and obligations of the buyer and seller and the remedies for breach of a sales of goods contract; the validity of exclusions and/or limitations of liability in contracts of sale; the concept and relevance of property and title; how and when property passes in a sales of goods transaction; the use and validity of retention clauses and the uses of agency. Lectures on the topic of international sale transaction and on financing the sale transaction will also be given.

Assessment Criteria

C- to C+

C- to C+ (50-59%) An answer which, while always in the main accurate and correct, fails to distinguish between relevant and irrelevant material and is lacking in criticism. An answer which while reliable with regard to correctness is either not comprehensive or not entirely pertinent.

good

B- to B+ (60-69%) High Standard: A comprehensive answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in an argument which, while clear, logical and critical, leaves room for improvement in its construction and presentation. An answer which shows complete competence in the subject.

excellent

A- to A* (70+%) An outstanding answer containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in a clear, logical, critical argument with little room for improvement. An answer which demonstrates a complete mastery of the subject.

threshold

D- to D+ (40-49%) An answer which, while predominantly correct in its presentation of material, contains a significant level of error and is therefore not entirely reliable.

Learning outcomes

  1. Apply detailed knowledge to complex actual or hypothetical situations in relation to remedies under the general law of contract and under the Sales of Goods Act 1979, in particular the market price rule.

  2. Provide an account of key ideas, concepts and arguments relating to nemo dat non quod habet (and the various exceptions thereto) and also in respect of Romalpa clauses.

  3. Show a critical understanding of the basic terms implied by the Sale of Goods Act 1979 into commercial contracts.

  4. Provide evidence of a detailed knowledge of the rules in respect of the passing of property and risk sufficient to be able to undertake independent legal research into the basic differences between cif and fob contracts.

  5. Provide evidence of a detailed knowledge of the basic rules of delivery and acceptance under the Sales of Goods Act 1979 and of the real and personal remedies available to both buyer and seller.

  6. Identify and discuss critically the key elements of a contract for the sale of goods and the differences between a contract for the sale of goods and other commercial transactions such as hire purchase and contracts for work and materials.

  7. Identify and discuss critically the key issues in commercial contracts where liability may be limited or excluded and to demonstrate an understanding of and be able to suggest explanations for the differences in dealing as consumer and non-consumer in this respect.

Assessment Methods

Type Name Description Weight
ESSAY Written assignment

One essay title will be set up and students shall write their essays on this title.

 40.00
EXAM Final examination

The examination paper consists of two parts: Section A: Two essay questions, students answer one question. Section B: Two problem solving questions, students answer one question.

 60.00

Teaching and Learning Strategy

Hours
Seminar

The module will be taught by means of 44 hours of lectures, 4 hours per week, taught over the course of one semester.

 44
Private study

The module requires students to undertake private study in order to prepare for lectures and assessments.

 156

Transferable skills

  • Literacy - Proficiency in reading and writing through a variety of media
  • Computer Literacy - Proficiency in using a varied range of computer software
  • Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
  • Exploring - Able to investigate, research and consider alternatives
  • Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
  • Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
  • Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
  • Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
  • Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others

Subject specific skills

  • Develop the ability to interpret legal rules and employ techniques of legal reasoning competently and efficiently in order to offer a range of solutions and conclusions to actual or hypothetical complex legal problems, all supported by relevant academic literature, jurisprudence and legislative research. Such solutions will be clearly communicated and presented
  • Develop the ability to analyse complex legal issues, set against the background of the political, social, economic or cultural contexts in which they may arise
  • Develop those skills which are necessary for scholarship and research in legal subjects, namely the ability to identify relevant primary and secondary legal sources and to retrieve accurate legal information using paper and electronic sources

Resources

Reading list

  • Atiyah's Sale of goods - Atiyah, P. S., Adams, John, MacQueen, Hector L., Atiyah, P.S. 2010
  • Commercial and consumer law - Furmston, M. P., Chuah, Jason, Willett, Chris c2010
  • Commercial law: text, cases, and materials - Sealy, L. S., Hooley, Richard 2009
  • Commercial law - A. P. Dobson, Robert Stokes, A. P. Dobson 2012

Courses including this module

Optional in courses: