Course Code : LAW 306

Course Title : Commercial Law

Weekly Teaching Hour: 1 (2-hour) lecture per week, 1 (1-hour) tutorial every week

Who may enrol : Compulsory course for year 3 (Junior) LLB students

Prerequisites : Previously studied and passed LAW 110 – Contract Law

Lecturer : To be announced on August 2020

Description : Commercial Law is a subject of immense importance, especially for those intending to go on to practise law in a major metropolitan area.

Commercial Law is a subject of immense importance, especially for those intending to go on to practise law. It is also a dynamic and exciting area of considerable academic significance. If you enjoyed subjects such as Contract Law, Tort Law, Property I and Property II, there is a good chance that you will also enjoy this course.  You will see how core concepts of contract law, equity and property law are applied in practice and will also study commercially important concepts such as assignment and agency. You will thus both deepen and broaden your knowledge of private law. You will also see how commercial law aims to provide the certainty that business requires whilst also evolving to keep pace with rapid changes in the commercial world.

During the course of the year, you will have a chance to explore the following questions:

Contractual Interpretation: how do, and how should, courts interpret commercial contracts?

Agency:  why is agency so important in practice; how can the acts of an agent bind a principal; how is a principal protected from misconduct of an agent?

Property Rights: why are property rights so important in commercial transactions? What limits are there on the parties’ ability to create such rights?

Security Rights: how can a commercial party acquire a security right? Does the law provide the right balance between commercial convenience and the need to protect third parties?

Assignment of Contractual Rights: is a chose in action, such as a debt, a piece of property that can be transferred? Should non-assignment clauses in contracts be enforced?

Commercial Remedies: What remedies are available to a commercial party if, for example, a contractual partner fails to perform? Can the law protect a commercial party even if a breach of contract causes that party no loss?

Pre-contractual liability: When might a commercial party, who has acted in reliance on the belief that a contract would be concluded with another commercial party, have a claim?

Torts: When might a commercial party be able to look outside contract law and instead seek protection under the economic torts? Should third parties be under a strict duty not to interfere with another party’s contract?

Recommended Textbook (s) and Supplementary Books :

  1. Commercial Law, 4 edition , by Robert Bradgate  (Author), OUP Oxford; ISBN-10: 0199284482, ISBN-13: 978-0199284481
  2. Commercial Law (Textbook), 9th edition  by Dr. Rob Stokes (Author), Publisher: Sweet & Maxwell; ISBN-10: 0414037375, ISBN-13: 978-0414037373
  3. Commercial Law Text Case & Materials (Blackstone’s Statutes) 5th Edition, by Malcolm Clarke (Author), Publisher: Oxford University Press, ISBN-10: 0199692084, ISBN-13: 978-0199692088
  4. Reading lists and other materials will be provided for students registered on the course via online by lecturer.

Course Assessment:

  • Class Participation 10%,

  • Mid-term Examination 30%,

  • Assignments 10%, 2 x formative essays

  • Final Examination 50%, 100% Unseen 3-hour written examination

Attendance 95 % compulsory.