The University of Southampton
Courses

MANG1014 Commercial Law

Module Overview

The purpose of the module is to provide a general overview of law relevant to students working in business and finance. The course provides an introduction to law, before focusing in more depth on areas of Contract Law and Tort Law. There is then an introduction to more advanced topics of Contract and Tort Law considering responsibility for advice, goods, property, services and the environment, both nationally and internationally.

Aims and Objectives

Module Aims

The aims of the Commercial Law course are: - To broaden academic horizons. - To provide a general introduction of some of the main principles of law arising in the commercial world. - To demonstrate how doctrines of substantive law may affect commercial interests. - To develop basic legal skills to consider relevant legal materials, including case law and statutes. - To identify issues and extract legal principles from case law. - To apply principles, with appropriate legal authorities, to practical fact scenarios (case studies). The objectives for the Commercial Law course are: - To provide an introduction to the English Legal System. - To develop an understanding of Contract and Tort Law, including as a basis for more advanced topics relevant to working in the commercial world. - Advanced Contract Law topics include commercial responsibilities; such as Agency Agreements, the passing of property and risk in Sale of Goods Agreements, and obligations to workers. - Advanced topics of liability in Tort from a commercial perspective in relation to the Tort of Negligence; Business and Professional Services; Product Liability, Defective Premises and the Environment.

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

  • Law and the dual purpose of governing and facilitating society in most Legal Systems a. The nature of a legal system; using the English Legal System as an example b. Court Systems; again using the European influenced English court system as an example c. Alternative Dispute Resolution d. Sources of Law
  • The main rules and principles that govern Contract Law a. Negotiation of contractual agreements – Offer and Acceptance b. Formation of legally enforceable contract agreements - Intention, Capacity, Consideration & Privity c. The terms of a Contract d. Vitiating Factors – Frustration, Misrepresentation, Mistake; e. Discharge of Contract - Performance, Discharge and Breach of Contract f. Contractual Remedies
  • The legal concept of Agency a. Types of Agency Agreement b. The legal rights and duties of the principle, agent and third party
  • The legal rules relating to Sale of Goods and Supply of Services in European influenced English law, including the passing of property and risk in sale of goods contracts and transfer of title by non-owners
  • Responsibilities to employees and workers a. International b. National and European Law examples
  • The main rules and principles that govern Tort Law a. The Tort of Negligence b. Liability for advice, goods, property, services and the environment c. Introduction to cross-border responsibility for advice, goods, property, services and the environment
Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

  • Locate sources of legal information relevant to working in the commercial world
  • Demonstrate skills of legal research and analysis
  • Identify relevant legal issues from the surrounding contextual facts
  • Consider how industrial policies and values interact with the discipline of law
Transferable and Generic Skills

Having successfully completed this module you will be able to:

  • Apply all of the skills outlined above in your work environment
Subject Specific Practical Skills

Having successfully completed this module you will be able to:

  • Understand how the law of Contract may affect the commercial world
  • Understand how the law of Tort may affect the commercial world
  • Understand the overlap between Contract and Tort law
  • Consider relevant legal materials including case law and statutes
  • Identify legal issues and extract legal principles from cases
  • Apply principles with appropriate legal authorities to practical case studies

Syllabus

Part One - Introduction to English Legal Systems a. The Nature of a legal system; using the English Legal System as an example. b. Court Systems; again using the European influenced English court system as an example. c. Alternative Dispute Resolution. d. Sources of Law. Part Two - The Law of Contract - The main rules and principles that govern Contract Law a. The Nature of Agreement - negotiation of contractual agreements – Offer and Acceptance. b. Formation of legally enforceable contract agreements - Intention, Capacity, Consideration & Privity. c. The terms of a Contract. d. Vitiating Factors – Frustration, Misrepresentation, Mistake. e. Discharge of Contract - Performance, Discharge and Breach of Contract. f. Contractual Remedies. Part Three - The legal concept of Agency a. Agency agreements. b. The legal rights and duties of the principle, agent and third party. Part Four - The legal rules relating to Sale of Goods and Supply of Services a. European influenced English law, including the passing of property and risk in sale of goods contracts and transfer of title by non-owners. Part Five - National and International commercial responsibilities to employees and workers a. International. b. UK National, European influenced, examples. Part Six - The main rules and principles that govern Tort Law a. The Tort of Negligence. b. National liability for advice, goods, property, services and the environment. c. Introduction to cross-border responsibility for advice, goods, property, services and the environment.

Learning and Teaching

Teaching and learning methods

Students will gain an overview of the material covered by the module through weekly two hour lectures. The lecture materials will be formatively developed by assisted learning in weekly tutorials. Students will be guided to appropriate reading and need to prepare answers to their tutorial questions. Independent study time is necessary for students to achieve a satisfactory level of knowledge and understanding so that they are able to effectively participate and apply that knowledge to answer practical commercial law problems. - Lectures 12 x 2 (24hours) - Tutorials 10 x 1 hour (10 hours) Learning activities include: - Advanced reading of course materials in preparation for both lectures and tutorials. Lectures - Handouts containing the lecture material on the PowerPoint Slides will be available on Blackboard prior to the lectures. This is to enable students to resize objects and tables as required and so that the PowerPoint content is available for annotation during the lectures. - Short tests will be included in the lectures, a, to provide an opportunity for formative assessment and b, to familiarise the students with the multiple choice and short answer question format of their final exam. Tutorials - Preparation is required in advance of each tutorial. - Students are required to read the chapters assigned in the Tutorial Hand-Out (provided at the beginning of course) in a commercial law text book (details provided and books discussed at the beginning of course). - Students are referred to other primary and secondary resources outlined in the Tutorial Hand-out and required to: - Conduct research exercises; and - Prepare answers for the: - Assignment questions - Group exercises Revision - Module Outline available on Blackboard throughout the course - PPT/Word document handout available on Blackboard before each lecture - On-line resources available with course text books.

TypeHours
Lecture24
Tutorial10
Revision26
Preparation for scheduled sessions90
Total study time150

Resources & Reading list

Other Soton law sources.

Other Soton law sources.

Lucy Jones (2015). Introduction to Business Law. 

Alan Dignam and John Lowry (2014). Company Law. 

Other Soton law sources.

Brenda Hannigan (2015). Company Law. 

Derek French, Stephen Mayson & Christopher Ryan (2015). Mayson, French & Ryan on Company Law. 

James Marson (2015). Business Law. 

Assessment

Formative

Class Test

Summative

MethodPercentage contribution
Coursework  ( words) 30%
Examination  (2 hours) 70%

Repeat

MethodPercentage contribution
Essay  (1000 words) 30%
Examination  (2 hours) 70%

Referral

MethodPercentage contribution
Examination  (2 hours) 100%

Repeat Information

Repeat type: Internal & External

Costs

Costs associated with this module

Students are responsible for meeting the cost of essential textbooks, and of producing such essays, assignments, laboratory reports and dissertations as are required to fulfil the academic requirements for each programme of study.

In addition to this, students registered for this module typically also have to pay for:

Textbooks

Recommended texts for this module may be available in limited supply in the University Library and students may wish to purchase the core/recommended text as appropriate.

Please also ensure you read the section on additional costs in the University’s Fees, Charges and Expenses Regulations in the University Calendar available at www.calendar.soton.ac.uk.

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