Dr Solene Rowan NAB 7.26

Additional Teachers: Professor Michael Bridge, Dr Jan Kleinheisterkamp

This course is available on the BA in Anthropology and Law and LLB in Laws. This course is available with permission as an outside option to students on other programmes where regulations permit. This course is not available to General Course students.

Completion of LL104 - Law of Obligations is normally a prerequisite.

Objectives:

LL202 Commercial Contracts comprises a study of the general principles of English law governing commercial contracts. Its examination of this subject-matter divides into two parts. Part 1, ‘Fundamentals of Commercial Contracting’ examines several important aspects of, or themes in, the law’s regulation of commercial contracting. The topics are chosen because of their intrinsic interest, and because of the opportunity offered for an advanced contextualised examination of contract law fundamentals. Part 1 therefore explores the process of commercial contracting; long-term relationships; multi-party transactions; agreed remedies; and alternative dispute resolution. Part 2, ‘Fundamentals of Commercial Law’ examines core topics in commercial law. It begins by examining the sale of goods contract, before proceeding to examine several important allied topics: money, payment and payment methods; credit, security and reservation of title; agency; and assignment.

Topics are likely to include:

1. Aspects of commercial contracting:

Freedom of contract and its restrictions

Agreed remedies

Interpretation of contracts

Pre-contractual duties and good faith

Privity of contract; multi-party transactions

Problems arising out of long-term contracts

Arbitration and international contracting

2. Aspects of commercial law:

Contracts for the sale of goods

Credit and security

Agency

Assignment

Banking law: money, payment and payment methods

20 hours of lectures and 9 hours of classes in the MT. 20 hours of lectures and 10 hours of classes in the LT. 4 hours of lectures and 2 hours of classes in the ST.

One formative essay per term.

The principal textbooks for the course are: 

Chen-Wishart, Contract Law, 4th edn (OUP 2012)

McKendrick, Goode on Commercial Law, 4th edn (Penguin 2010)

Beale, Bishop and Furmston, Contract: Cases and Materials, 5th edn (OUP 2007)

Sealy and Hooley, Commercial Law: Text, Cases and Materials, 4th edn (OUP 2008)

Exam (100%, duration: 3 hours, reading time: 15 minutes) in the main exam period.