LA0845 - Commercial Law

SYNOPSIS OF MODULE

This module is one of the electives available to students during Stage 2 of the Legal Practice Course and forms part of the Commercial Route elective group.

The diverse content of this module covers some of the issues relevant to conducting business successfully in the modern world and will be of interest to any students entering commercial/corporate practice.

The aim of this module is to provide students with an appreciation of the legal and practical issues which form the foundation of commercial practice, with particular emphasis on commercial sales and marketing arrangements. The legal skills of negotiating, drafting and practical research are also further developed in a commercial context.

The module is delivered by a combination of large group sessions, small group sessions, directed and independent learning. The module is assessed by examination.

SYNOPSIS OF MODULE

This module is one of the electives available to students during Stage 2 of the Legal Practice Course and forms part of the Commercial Route elective group.

The diverse content of this module covers some of the issues relevant to conducting business successfully in the modern world and will be of interest to any students entering commercial/corporate practice.

The aim of this module is to provide students with an appreciation of the legal and practical issues which form the foundation of commercial practice, with particular emphasis on commercial sales and marketing arrangements. The legal skills of negotiating, drafting and practical research are also further developed in a commercial context.

The module is delivered by a combination of large group sessions, small group sessions, directed and independent learning. The module is assessed by examination.

INDICATIVE READING LIST OR OTHER LEARNING RESOURCES

Reading
Main Text
Bradgate & White: Commercial Law, LPC Guide, OUP

Supplementary Reading
Bradgate: Commercial Law, Butterworths
Goode: Commercial Law, LexisNexis
Sealy & Hooley: Commercial Law Text, Cases & Materials, OUP
Christou: Drafting Commercial Agreements, Sweet & Maxwell
Chuah: Law of International Trade, Sweet & Maxwell
Rodger & MacCulloch: Competitiion Law and Policy, Cavendish

E-Learning Portal Site and Materials
A range of materials to support both large and small group sessions and to facilitate directed learning will be provided via the Commercial Law e-learning portal site.

INDICATIVE READING LIST OR OTHER LEARNING RESOURCES

Reading
Main Text
Bradgate & White: Commercial Law, LPC Guide, OUP

Supplementary Reading
Bradgate: Commercial Law, Butterworths
Goode: Commercial Law, LexisNexis
Sealy & Hooley: Commercial Law Text, Cases & Materials, OUP
Christou: Drafting Commercial Agreements, Sweet & Maxwell
Chuah: Law of International Trade, Sweet & Maxwell
Rodger & MacCulloch: Competitiion Law and Policy, Cavendish

E-Learning Portal Site and Materials
A range of materials to support both large and small group sessions and to facilitate directed learning will be provided via the Commercial Law e-learning portal site.

OUTLINE SYLLABUS

Element 1: Sale and supply of goods and supply of services

The law and practice involved in the sale and supply of goods and supply of services (acting for the buyer and the seller) including:

1. legal, practical and commercial issues relevant to the passing of property and the allocation and management of risk in commercial contracts
2. the nature and effect of express terms, implied terms and exclusion clauses
3. key provisions in a commercial contract
4. legal and practical issues relevant to the performance of the contract and the consequences of breach
5. practical and commercial issues relevant to the client and the client’s objectives
6. legal issues relevant to particular types of sale transaction, such as sales via electronic means


Element 2: Agency agreements

The common law and statutory provisions relevant to the agency relationship and agency agreements including:

1. the nature, creation and termination of an agency relationship
2. the nature of the relationship between principal and agent and the ways in which the agent has authority to act
3. the relationship between principal, agent and third parties
4. the application and impact of the Commercial Agents (Council Directive) Regulations 1993 on the agency agreement
5. key provisions in an agency agreement
6. the impact of EU competition law on the construction and drafting of an agency agreement

Element 3: Distribution and Franchise agreements

The legal and commercial issues relevant to distribution and franchise agreements including:

1. the nature of distribution and franchise agreements and their commercial role
2. key provisions in franchise and distribution agreements
3. the impact of EU competition law on the construction and drafting of distribution and franchise agreements

Element 4: Security and financing arrangements

The legal and commercial issues involved in the creation of different types of security interest including:

1. different types of security interest and their relative advantages and disadvantages
2. the appropriate security in a given commercial situation
3. different methods of financing commercial transactions

Element 5: International commercial transactions

The legal and commercial issues relevant to transactions involving the sale of goods where buyer and seller are in different jurisdictions and/or goods are transported from one country to another including:

1. legal, practical and commercial issues relevant to the passing of property and allocation of risk in international commercial contracts
2. the different types of international sale contract involving carriage of goods by sea
3. particular methods of financing international commercial transactions

OUTLINE SYLLABUS

Element 1: Sale and supply of goods and supply of services

The law and practice involved in the sale and supply of goods and supply of services (acting for the buyer and the seller) including:

1. legal, practical and commercial issues relevant to the passing of property and the allocation and management of risk in commercial contracts
2. the nature and effect of express terms, implied terms and exclusion clauses
3. key provisions in a commercial contract
4. legal and practical issues relevant to the performance of the contract and the consequences of breach
5. practical and commercial issues relevant to the client and the client’s objectives
6. legal issues relevant to particular types of sale transaction, such as sales via electronic means


Element 2: Agency agreements

The common law and statutory provisions relevant to the agency relationship and agency agreements including:

1. the nature, creation and termination of an agency relationship
2. the nature of the relationship between principal and agent and the ways in which the agent has authority to act
3. the relationship between principal, agent and third parties
4. the application and impact of the Commercial Agents (Council Directive) Regulations 1993 on the agency agreement
5. key provisions in an agency agreement
6. the impact of EU competition law on the construction and drafting of an agency agreement

Element 3: Distribution and Franchise agreements

The legal and commercial issues relevant to distribution and franchise agreements including:

1. the nature of distribution and franchise agreements and their commercial role
2. key provisions in franchise and distribution agreements
3. the impact of EU competition law on the construction and drafting of distribution and franchise agreements

Element 4: Security and financing arrangements

The legal and commercial issues involved in the creation of different types of security interest including:

1. different types of security interest and their relative advantages and disadvantages
2. the appropriate security in a given commercial situation
3. different methods of financing commercial transactions

Element 5: International commercial transactions

The legal and commercial issues relevant to transactions involving the sale of goods where buyer and seller are in different jurisdictions and/or goods are transported from one country to another including:

1. legal, practical and commercial issues relevant to the passing of property and allocation of risk in international commercial contracts
2. the different types of international sale contract involving carriage of goods by sea
3. particular methods of financing international commercial transactions

AIMS OF MODULE

This elective aims to provide students with:
an appreciation of the law which forms the foundation of commercial practice with particular reference to commercial sales;
an awareness of drafting issues in standard form contracts;
a knowledge of different forms of marketing arrangements and the impact of EU law on these arrangements;
an appreciation of the international dimension to commercial sales;
a knowledge and understanding of different forms of security and their commercial application and methods of financing commercial transactions;
a knowledge and understanding of issues relating to commercial risk, conduct and regulation issues.

It is also designed to enable students to further develop:
practical legal research and drafting skills acquired during Stage 1;
negotiation skills;
an appreciation of the financial and commercial constraints on commercial clients’s and how they influence the role of the solicitor.

AIMS OF MODULE

This elective aims to provide students with:
an appreciation of the law which forms the foundation of commercial practice with particular reference to commercial sales;
an awareness of drafting issues in standard form contracts;
a knowledge of different forms of marketing arrangements and the impact of EU law on these arrangements;
an appreciation of the international dimension to commercial sales;
a knowledge and understanding of different forms of security and their commercial application and methods of financing commercial transactions;
a knowledge and understanding of issues relating to commercial risk, conduct and regulation issues.

It is also designed to enable students to further develop:
practical legal research and drafting skills acquired during Stage 1;
negotiation skills;
an appreciation of the financial and commercial constraints on commercial clients’s and how they influence the role of the solicitor.

LEARNING OUTCOMES

On completion of the Commercial Law vocational elective, students should

1. understand the law which forms the foundation of commercial practice with particular reference to commercial sales

2. be aware of drafting and negotiation issues in examples of the most common types of commercial contract and appreciate the relative bargaining strengths of the different parties involved

3. be able to draft, review, amend, and advise on matters relevant to, the most common types of commercial contract, building on practical legal research and drafting skills acquired during stage 1.

4. demonstrate a knowledge and understanding of different forms of marketing arrangements and the impact of EU competition law thereon

5. demonstrate a knowledge and understanding of different forms of security and their commercial application and methods of financing commercial transactions

6. demonstrate an understanding of the international dimension to commercial sales

7. be able to analyse and advise upon issues relating to commercial risk and identify conduct and regulation issues as they arise

LEARNING OUTCOMES

On completion of the Commercial Law vocational elective, students should

1. understand the law which forms the foundation of commercial practice with particular reference to commercial sales

2. be aware of drafting and negotiation issues in examples of the most common types of commercial contract and appreciate the relative bargaining strengths of the different parties involved

3. be able to draft, review, amend, and advise on matters relevant to, the most common types of commercial contract, building on practical legal research and drafting skills acquired during stage 1.

4. demonstrate a knowledge and understanding of different forms of marketing arrangements and the impact of EU competition law thereon

5. demonstrate a knowledge and understanding of different forms of security and their commercial application and methods of financing commercial transactions

6. demonstrate an understanding of the international dimension to commercial sales

7. be able to analyse and advise upon issues relating to commercial risk and identify conduct and regulation issues as they arise

PREREQUISITES

NONE

Course info

Credits 1

Level of Study Postgraduate

Mode of Study 2 years part-time
1 other options available

Department Northumbria Law School

Location City Campus, Northumbria University

City Newcastle

Start September 2021

Fee Information

Module Information

All information on this course page is accurate at the time of viewing.

Courses starting in 2021 are offered as a mix of online and face to face teaching due to the ongoing Covid-19 pandemic.

We continue to monitor government and local authority guidance in relation to Covid-19 and we are ready and able to flex accordingly to ensure the health and safety of our students and staff.

Students will be required to attend campus as far as restrictions allow. Contact time will increase as restrictions ease, or decrease, potentially to a full online offer, should restrictions increase.

Our online activity will be delivered through Blackboard Ultra, enabling collaboration, connection and engagement with materials and people.

 

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