module specification

 This module focuses on advising the commercial client in relation to commercial contracts.

This module aims to equip students to act as a trainee solicitor for commercial clients in order to negotiate and advise upon commercial contracts.

 LC7029
Business Law and Practice

 Commercial Contracts and Security
Domestic Commercial Contracts
International Commercial Contracts

Covers all Learning Outcomes

8 one-hour TLS and 8 two-hour SLS. The TLS sessions are one week ahead of the SLS to allow students time for reflection.

 At the end of an elective, successful students, under appropriate supervision, should be able in the context of the area of commercial law and practice to:

1. demonstrate their knowledge and understanding and employ the applicable skills in commercial law and practice
2. use the legal knowledge, skills, procedures and behaviours appropriate to each client and each commercial transaction
3. identify the overall nature of the commercial transaction, then plan and progress that transaction through a series of steps and decisions including, where appropriate, drafting documentation
4. identify the client's goals and alternative means of achieving those goals, and deal appropriately with client care
5. investigate and identify the relevant facts, research and identify the relevant commercial legal issues, and advise the client on the legal consequences
6. recognise and act within the rules of professional conduct
7. identify the client’s reasonable expectations as to quality and timeliness of service

Element 1 – Commercial Contracts and Security

Students should be able to:

1. Outline the basic structure of commercial contracts and identify the terms (e.g. boiler plate clauses) contained in them;
2. Draft simple clauses (eg quantity, quality, price and payment) in a supply  contract;
3. Distinguish and explain the various methods of giving personal forms of security (e.g. guarantees and indemnities).

Element 2 – Domestic Commercial Contracts

Students should be able to:

1. Identify and outline the legal features of both domestic business-to-consumer and business-to-business contracts (e.g. sale, service, work and materials, and HP contracts);
2. Advise on the legal framework governing the late payment of commercial debts;
3. Explain how contractual terms (including standard terms and conditions) are affected by both the common law and statutory rules (e.g. UCTA 1977, UTCCR 1999);
4. Advise a client in relation to a potential product liability claim;
5. Outline and apply the relevant law in relation to an e-commerce transaction;
6. Explain the circumstances under which title and risk in goods pass in a domestic sales contracts.

Element 3 – International Commercial Contracts

Students should be able to:

1. Outline the circumstances under which title and risk in goods pass in an international sales contracts;
2. Distinguish between FOB and CIF incoterms incorporated into international sale contracts;
3. Outline the documents (e.g. Bill of Lading), key features and legal rules (e.g. Hague Visby Rules, CGSA 1971) associated with contracts for the carriage of goods by sea;
4. Explain the payment mechanism (e.g. Letters of Credit) and apply the legal rules (e.g.
5. UCP 600) often used in international sale contracts.

 The assessment is an open book exam with advance disclosure of documents and is of a transactional nature. This form of assessment is designed to replicate practice and enable students to demonstrate the application of legal principles in a realistic, practical context. Students are given a formative assessment and receive examiners' guidance.

 Basic Text
Business Law and Practice Manual, University of Law Publishing

Online Materials
Supporting WebLearn materials and student study materials