This module examines fundamental legal issues associated with commercial transactions.  Students will initially be introduced to the nature and role of commercial law.  The module will then deal with arguably the most important commercial transaction, the sale of goods, with particular emphasis on the Sale of Goods Act 1979. Aspects of commercial law related to the sale of goods, such as agency and security, will also be examined. Although the emphasis of this course is on domestic business to business transactions, it will also examine the impact of the European Union on domestic commercial law and consumer sales.

• Identify and critically analyse the core legal principles in commercial law
• Locate and refer to a range of legal sources on commercial law, including cases, legislation and academic commentary.
• Conduct additional independent research in the area of commercial law.
• Compare and contrast UK commercial law with the law in other jurisdictions.
• Propose reforms of UK commercial law which reflect an awareness of current legal problems and commercial needs
• Critically evaluate the policy objectives underpinning the Sale of Goods Act 1979 and the relationship between the Sale of Goods Act and general contract law principles
• Apply provisions of the Sale of Goods Act 1979 to everyday situations and problems affecting commercial enterprises and consumers.
• Assess the impact of the European Union on domestic commercial law
• Critically analyse the main legal principles governing the agency relationship and analyse the impact of the EC (Commercial Agents) Directive

This lecture is delivered primarily by means of lectures and tutorials. There are 40 x 1 hour lectures for this module and 8 x 1 hour tutorials.

Tutorial worksheets will be available in Learning Central and students are expected to fully prepare for tutorials. Students will be asked to bring written work to tutorials and/or to make short presentations in tutorials, and will be expected to conduct independent study for tutorials. Students are encouraged to view each tutorial as an opportunity to gain feedback on their progress.

In addition, students are expected to undertake an independent research project for this module. Students will be asked to research a particular issue in commercial law and to write an essay on this, without the initial help usually provided in lectures. For the formative assignment, students will be asked to submit a draft of their essay or report, and will be given feedback on their progress. Students will be asked to submit the final version of the essay for the summative assignment.

This course makes extensive use of Learning Central and all students should ensure that they check Learning Central regularly for updates on the module. Handouts and powerpoint slides which are  used in lectures will be available on Learning Central.

As well as achieving the specific learning outcomes outlined above, this module will give students the opportunity to develop the following skills

• Independent research skills: Students will be expected to identify and prioritise the different legal issues involved in commercial law and to conduct independent research with very limited guidance from tutors. Students will be expected to locate and analyse sources other than those provided in class, and to do “self guided” study.
• Information Technology Skills: Students’ independent research should make effective use of various legal resources, both electronic and in hard copy, and students should learn how to make effective use of databases, catalogues and tools such as “key word” searches.
• Information Management Skills: Students should learn effective management techniques for filing the information acquired through their independent research.
• Written communication skills: Students should be able to formulate accurate and reflective statements of the relevant law and principle. Students will be encouraged to write clearly, succinctly and in plain English.
• Oral communication and presentation skills: Students will be encouraged to participate in lectures and tutorials and may be asked to make short presentations in tutorials.
• Group work skills: Students will be expected to contribute to tutorials and may be asked to work in groups or pairs in tutorials and lectures.
• Application skills: Students will be expected to apply abstract concepts of law to hypothetical situations and to demonstrate a “real world” understanding of the legal issues raised.
• Evaluation and Argumentation skills: In tutorials and through the different assessment methods, students will be expected to use arguments to present a considered conclusion to the issues raised and be able to propose or respond to suggested solutions.
• Self-Reflection skills: Students will be expected to reflect on their own progress throughout the year and to consider ways in which their work can be improved.

This module is summatively assessed by means of one three hour examination (counting for 75% of the final mark) and the independent research project, which will be an essay of 1,500 words (counting for 25% of the final mark). 

There is also a formative assessment in the first semester, when students will be asked to submit a draft version of their research projects. Feedback will then be given, so students have an opportunity to improve in the summative essay (i.e. the final version of the research project). The formative assignment is thus designed to “feed into” the summative assignment. Students should also view each tutorial as a “mini”  formative assignment with the chance for peer feedback, group feedback or tutor feedback, particularly  where students are asked to bring sample answers to problem questions or essay plans to tutorials. Students may also be asked to present their work in tutorials and can receive feedback on these presentations.

1.    Introduction to Commercial Law including for example

• The nature and function of Commercial Law
• Principles of Commercial law
• Historical Development of Commercial Law
• The relationship between Commercial law and Consumer law
• Codification of Commercial law

2.    The Sale of Goods including for example

• The historical development and policy objectives of the Sale of Goods Act
• The Scope of the Sale of Goods Act
• The Seller’s Duties
• Buyer’s Remedies
• Buyer’s Duties and Seller’s Remedies
• Security in Sales and Retention of Title Clauses
• The Passing of Property
• Transfer of Risk
• Transfer of Title by a Non-Owner

3. The Impact of the European Union on Sales Law including for example

• The Consumer Sales Directive
• The Consumer Rights Directive and Internet Sales
• The Common European Sales Law
• The Unfair Commercial Practices Directive

4. The Law of Agency including for example

• The Creation of Agency
• The Relationship between the Agent, Principal and Third Party
• The Common Law Rights and Duties of the Agent
• The Rights and Duties of Commercial Agents in EU Law

Texts typically referred to in this module would include (please note that this could be subject to change in the light of new editions appearing) :

Essential Reading:

• Baskind, Osborne & Roche Commercial Law (OUP, 2013)
• Sealy & Hooley Commercial Law: Text, Cases & Materials (OUP, 4^th ed., 2009)
• Atiyah, Adams & McQueen Sale of Goods (Pearson Longman, 12^th ed., 2010)

Background Reading:

• Ryder, Griffiths & Singh Commercial Law Principles and Policy (CUP, 2012)
• Bradgate Commercial Law (OUP, 3^rd ed.,2000)

• Munday Agency: Law and Principles (OUP, 2^nd ed.,2013)
• Goode Commercial Law (Lexis Nexis Butterworths UK, 3^rd ed., 2004)
• MacLeod Consumer Sales Law (Routledge Cavendish, 2^nd ed., 2007)

• Bridge (Ed.) Benjamin’s Sale of Goods (Sweet & Maxwell, 8^th ed, 2010)

• Watts (Ed.) Bowstead and Reynolds on Agency (Sweet & Maxwell, 19^th ed. 2010)

Students will also be expected to refer to legislation. Domestic legislation is freely available on websites such as http://www.legislation.gov.uk/  EU legislation is freely available on http://europa.eu/

Alternatively students may be able to find some of this legislation in a statute book such as:

• Rose (ed) Blackstone's Statutes on Commercial and Consumer Law (OUP)

Students will also be directed to cases, journal articles and select book chapters on sales law and agency. Key commercial law journals include Lloyd’s Maritime & Commercial Law Quarterly (LMCLQ) and the Journal of Business Law (JBL). Other articles cases may be found on databases such as Westlaw, HeinOnline, Lexis and Justis and from websites such as www.bailii.org or its sister website www.worldlii.org  Students should also refer to the work of the Law Commission for England and Wales and law reform bodies in other jurisdictions.

Students can ask to see a sample of a tutorial reading list from this year if they wish.