SXL-2150 Commercial Law
Run by School of History, Law and Social Sciences
20.000 Credits or 10.000 ECTS Credits
Organiser: Prof Zhen Jing
Overall aims and purpose
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 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.
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 to include the duties and obligations of the buyer and seller and the remedies for breach of a sale 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 and risk pass in a sale 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.
A- to A* (70+%) An outstanding, possibly brilliant, 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.
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.
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.
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.
Demonstrate a good 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.
Apply basic 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.
Show a good understanding 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.
Identify and discuss 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.
Demonstrate a good understanding 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.
Demonstrate a good understanding of the basic terms implied by the Sale of Goods Act 1979 into commercial contracts.
Identify and discuss 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.
One essay title will be set up and students shall write their essays on this title.
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.
Teaching and Learning Strategy
The module requires students to undertake private study in order to prepare for lectures and assessments.
The module will be taught by means of 44 hours of lectures, 4 hours per week, taught over the course of one semester.
- 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
Talis Reading listhttp://readinglists.bangor.ac.uk/modules/sxl-2150.html
- 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:
- NM11: BA Business and Law year 2 (BA/BUSALAW)
- NM1B: BA Business and Law (4 year with Incorporated Foundation) year 2 (BA/BUSLAW1)
- M100: LLB Law year 2 (LLB/L)
- M11B: LLB Law (4 year with Incorporated Foundation) year 2 (LLB/L1)
- M10P: LLB Law with Placement Year year 2 (LLB/LP)