Module description
Commercial law is that part of the law that is concerned with the rights and duties arising from the provision of goods and services by way of trade. It covers commercial (not consumer) transactions, ie transactions in which both parties deal with each other in the course of business. Commercial law is a pragmatic and responsive subject which looks to facilitate the commercial practices of the business community.
It is sometimes argued that commercial law consists of no more than a collection of distinct subjects (eg sales, agency, finance, security) each possessing its own rules but with no common thread of principle running through them. This course takes a different view. It is a fundamental tenet of the course that unifying principles do run through the law’s response to those spheres of commercial activity which fall within the ambit of ‘commercial law’. By identifying those unifying principles, the course aims to provide students with a better understanding of the subject and to give them guidance as to how to deal with new problems not previously the subject of judicial decision.
The course will focus on trade related areas of commercial law. Trade, or sale of goods, is the cornerstone of commerce and of commercial law. Many areas of commercial law stem from and revolve around the sale of goods. This course will explore some key transactions interconnected with and arising from the sale of goods, such as those concerned with payments and transportation of goods. One half of the course will cover the foundations of the law of sale of goods as well as the law governing international sales (both English law and the UN Convention on Contracts for the International Sale of Goods). The other half of the course will therefore address such areas as financing of international trade and carriage of goods by sea.
Please note that contract law lies at the heart of commercial law. Students will need to have acquired a sound grasp of the basic principles of English contract law before embarking on this course. If you did not like and/or were not very good at contract law, you should not opt for commercial law!
Topics to be taught in Term 1:
- Sale of Goods: The Foundations
- English Law of International Sale of Goods: ‘Cost Insurance Freight’ (CIF) and ‘Free on Board’ (FOB) Contracts
- The UN Convention on Contracts for the International Sale of Goods (CISG)
- Revision/problem classes on topics covered in Term 1
Topics to be taught in Term 2:
- Carriage of Goods by Sea (shipping)
- Finance in international trade
- Revision/problem classes on topics covered in Term 2
Assessment details
Examination (100%)
Teaching pattern
Lecture (2 x 1 hour per week); tutorial (1 x 1 hour per week)
Suggested reading list
- R Goode, Commercial Law, 5th edn (Penguin 2017)
- I Carr and M Goldby, International Trade Law Statutes and Conventions 2013-2015 (Routledge any edition); or
- Carr and Sundaram's International Trade Law and Statutes and Conventions 2016-2018 (any edition).