| Unit name | Commercial Law |
|---|---|
| Unit code | LAWD30028 |
| Credit points | 20 |
| Level of study | H/6 |
| Teaching block(s) |
Teaching Block 2 (weeks 13 - 24) |
| Unit director | Professor. Davey |
| Open unit status | Not open |
| Units you must take before you take this one (pre-requisite units) |
None |
| Units you must take alongside this one (co-requisite units) |
None |
| Units you may not take alongside this one |
None |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
Why is this unit important?
Much, but not all of commercial law is made up of default rules. These determine what will happen if the contract is silent on an issue. The role of the commercial lawyer is to take that knowledge and establish which, if any, of the rules need to be amended by the contract to suit the interests of its client. Of course, in many cases, the other contracting party has its own list of competing interests, and clauses that reflect those. In competitive markets, a middle ground must be reached, or one party ‘paid off’ for accepting higher levels of risk.
Commercial Law considers key areas of private law, drawing upon practical examples which are often litigated in the English courts. The unit combines issues of commercial contract law with the passing of property in commercial markets. These raise considerable differences of opinion on the extent to which commercial law should interfere in hard cases or should work on the basis of assumed equality of bargaining power.
How does this unit fit into your programme of study?
As a final year module, this works on practical problems requiring understanding of a range of different duties and remedies. It picks up issues from contract, some important examples of statutory intervention in commercial markets, and applications of personal property law. The course draws on a rich blend of statute, case law, judicial and academic commentary. These are considered across both problem and essay style questions, and attention is paid to developing critical thinking across the module.
An overview of content
Commercial law is concerned with the private law aspects of transactions involving the supply of goods or services from one business to another. With that in mind, the unit will focus on the following topics.
How will students, personally, be different as a result of the unit
The module is intended to develop three distinct areas. First, technical expertise in some core areas of commercial activity and litigation. Second, a degree of commercial awareness: understanding how these rules generate advice to commercial parties, both in undertaking transactions and in litigating disputes. In part, this is recognising the competing interests of contractual parties. Finally, an understanding that things can change, and do. Students are encouraged to read widely and to develop some critical thinking on the role of law in markets.
Learning Outcomes
By the end of this unit a successful student will be able to:
A series of short videos will introduce you to some key sources and questions. Set reading, from specialist textbooks, case law and articles will then follow. The seminar sheet lays out a series of questions, from introductory matters to sample essay and problem questions, some of which will (normally) be from past papers.
Where available, students will have a choice between practitioner focused and student level textbooks. This enables students to read the kind of texts used in commercial practice (such as Chitty on Contracts, and Benjamin’s Sale of Goods) but with the backup of a student level textbook.
The problem questions are intended to be realistic and reflective of recent litigation. In some topics, thought will be given to the need for commercial lawyers to draft contract terms to mitigate risk. This requires students to consider the position of transactional lawyers in addition to that of litigators.
Tasks which help you learn and prepare you for summative tasks (formative):
Students will undertake an exercise designed to practice key assessment skills. For example, developing ‘issue spotting’ ability, using sample assessment level problem and essay questions by identifying the most important legal issues (eg the top 3) and the most significant authorities (eg the top 5).
Problem questions and essays will also be considered in seminars, with the opportunity for feedback (as standard) in class discussions.
Tasks which count towards your unit mark (summative):
One Timed Assessment of 3000 words, with two answers (1500 words per answer) required from a choice of five. One of the questions answered must be a problem question. This assessment will cover all Intended Learning Outcomes for this unit.
When assessment does not go to plan:
When a student fails the unit and is eligible to resubmit, the unit will be reassessed on a like-for-like basis. The Board of Examiners will consider all cases where students have failed or not completed the assessment required for credit in the usual way.
If this unit has a Resource List, you will normally find a link to it in the Blackboard area for the unit. Sometimes there will be a separate link for each weekly topic.
If you are unable to access a list through Blackboard, you can also find it via the Resource Lists homepage. Search for the list by the unit name or code (e.g. LAWD30028).
How much time the unit requires
Each credit equates to 10 hours of total student input. For example a 20 credit unit will take you 200 hours
of study to complete. Your total learning time is made up of contact time, directed learning tasks,
independent learning and assessment activity.
See the University Workload statement relating to this unit for more information.
Assessment
The Board of Examiners will consider all cases where students have failed or not completed the assessments required for credit.
The Board considers each student's outcomes across all the units which contribute to each year's programme of study. For appropriate assessments, if you have self-certificated your absence, you will normally be required to complete it the next time it runs (for assessments at the end of TB1 and TB2 this is usually in the next re-assessment period).
The Board of Examiners will take into account any exceptional circumstances and operates
within the Regulations and Code of Practice for Taught Programmes.
