LPC

Study Unit Specifications (Elective Subject)

Code: UJXTS7-10-M

Title: Commercial Law

Version: 2

Level: M-level

UWE credit rating: 10

ECTS credit rating: 5 Module Type: Non-MAR

Owning Faculty: Social Sciences and Humanities

Field: n/a Field Leader: n/a

Valid From: September 2008 Discontinued from:

Contributes towards: Postgraduate Diploma in Legal Practice

Pre-requisites: none

Co-requisites: none

Excluded combinations: none


1. Rationale:

As with all study units on the programme, the rationale is to prepare the student for the first day of work as a professional lawyer (i.e. as a new trainee solicitor in a firm of solicitors). Specifically, in this case, the rationale is to prepare the student for work in a large or medium sized firm of solicitors or a smaller ‘niche’ firm specialising in a an area such as intellectual property.


2. Learning outcomes:

On completion of the study unit students are expected to be able to (at a professional level)

2.1 understand the role of the commercial solicitor;

2.2 appreciate the need to understand the commercial objectives of commercial clients and have an awareness of such objectives;

2.3 recognise and understand a wide range of legal issues arising in commercial transactions (and be able to research, critically evaluate and apply relevant law in identified client scenarios);

2.4 identify and critically analyse and evaluate legal and practical solutions to the problems of commercial clients;

2.5 apply their enhanced legal writing and drafting skills in a commercial context and appreciate the importance of the skill of negotiation for a commercial solicitor;

2.6 appreciate the importance of seeing the application of (sometimes complex and detailed) law in the wider commercial and practical context of the business environment; and

2.7 use research and enquiry techniques to access, interpret, critically analyse and apply relevant knowledge.


3. Syllabus outline:

The module introduces the student to some of the main types of transactions of a commercial client in the UK and the legal, financial and commercial factors which influence the choice of such transactions. The module also identifies and explains the role of solicitors advising commercial clients in respect of various commercial transactions and how such transactions are carried into practice. In particular, students will consider:

3.1 The role of a commercial solicitor (including the need for commercial awareness)

3.2 Commercial contracts

      The importance of contract law in commerce

Formation and terms of a commercial contract

Breach and legal and ‘self help’ remedies

Implied terms and exclusion clauses

3.3 Sale of goods

      Implied terms

The passing of property and risk

Delivery and retention of title clauses

      Remedies for breach of contract and the measure of damages

3.4 International Sale Agreements

      The particular problems which arise in international sales

The procedure for a typical export transaction

Different methods of transport

The interaction between Incoterms and the Sale of Goods Act

The significance of Bills of Lading

3.5 Agency and Distribution Agreements

      The comparison between the appointment of an agent and a distributor

The commercial circumstances when each may be appropriate

      The terms, which should be included in each, and the significance of EC l legislation.

3.6 Payment mechanisms in International Sales

      Bills of Exchange

Documentary letters of credit and Uniform Customs and Practice

The procedure for opening a letter of credit

Security in international sales including trust receipts

3.7 Intellectual Property

      The significance of IP Rights to the commercial client

      The different types of IPR (including the nature of such rights and when and in respect of what each type is relevant)

The creation / registration, ownership, duration and benefits of each IPR

The breach and enforcement of IPR

The sale and licensing of IPR

3.8 Competition Law

      The relevance of competition regulation to a commercial client

UK competition law under the Competition Act 1998

      EC competition law (including Articles 81 and 82 of the Treaty of Rome and the Merger Regulations)

The inter-relationship of UK and EC competition regulation

      Legal and practical consequences of breach of UK and EC competition regulation

      The role of the UK and EC competition authorities in the investigation and enforcement of competition regulation

4. Teaching and learning methods:

- use of case studies and other practical factual scenarios

      - individual and / or group work to identify relevant legal, practical and commercial issues arising from factual scenarios / transactions

- simulations or ‘mock’ interviews and / or negotiations

      - preparation of memos to (notional) ‘colleagues’ within an office environment

      - writing letters of advice to (notional) clients

      - drafting (or amending) relevant transactional documentation

5. Indicative sources:

    - relevant LPC manual: OUP: Commercial Law

      - relevant statutory sources : Blackstone’s Statutes; Commercial and Consumer Law.

      - students are referred to relevant case law

      - any other relevant materials : Students are provided with handouts in the areas of Intellectual Property and Competition Law to supplement the material in the Manual.

6. Assessment Infrastructure:

One 3-hour unseen, open-book examination (with an additional 30 minutes of reading time).

The examination constitutes 100% of the marks for the study unit. The pass mark is 50%.

Second and final attempts: Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.

Specification confirmed by ............................................... Date …... February 2004

(Associate Dean, Faculty of Law)

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