module specification

LC7036 - Commercial Law and Practice (2017/18)

Module specification Module approved to run in 2017/18
Module title Commercial Law and Practice
Module level Masters (07)
Credit rating for module 13.5
School Guildhall School of Business and Law
Total study hours 120
 
96 hours Guided independent study
24 hours Scheduled learning & teaching activities
Assessment components
Type Weighting Qualifying mark Description
Open Book Examination 100% 50 Commercial Law & Practice Exam
Running in 2017/18
Period Campus Day Time Module Leader
Spring semester City Tuesday Morning
Spring semester City Monday Afternoon
Spring semester City Monday Morning
Spring semester City Thursday Morning
Spring semester City Wednesday Evening
Spring semester City Tuesday Evening
Spring semester City Monday Evening
Spring semester City Thursday Afternoon
Spring semester City Thursday Evening
Spring semester City Tuesday Afternoon

Module summary

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

Prior learning requirements

BLP

Module aims

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

Syllabus

Commercial Contracts and Security
Domestic Commercial Contracts
International Commercial Contracts

Learning and teaching

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.

Learning outcomes

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 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. UCP 600) often used in international sale contracts.

Assessment strategy

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.

Bibliography

College of Law Commercial manuals and weblearn.