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LA3017 Commercial law

(a) Agency

  • define the term 'agent'
  • explain how an agency is created
  • discuss the scope of the agent's authority
  • explain the rights and obligations owed by the principal and by the agent to the third party
  • explain the rights and obligations owed by the third party to the principal and to the agent

(b) Sale of goods

  • discuss the approach taken to interpretation of the Sale of Goods Act 1979
  • analyse the components of the definition of a contract of sale
  • explain the circumstances in which property in goods is passed
  • identify how risk is passed
  • understand the nemo dat rule
  • discuss and illustrate the exceptions to nemo dat rule
  • explain the duties of the seller to deliver and the buyer to accept goods
  • discuss the implied terms in ss.12-15 of the Sale of Goods Act 1979
  • discuss the relationship between the different implied terms
  • outline the limits imposed on attempts by the seller to exclude or restrict liability for breach of the implied terms
  • understand and discuss the rules on acceptance
  • explain the remedies available to the buyer and the seller where there is a breach of the sale contract
  • explain the use of retention of title clauses and the limits of such clauses.

(c) International sale contracts

  • identify the key characteristics of cif and fob contracts
  • analyse the distinctions between cif and fob contracts
  • discuss the duties of the seller and buyer under cif and fob contracts
  • explain the remedies available to the seller and buyer under cif and fob contracts
  • understand the general issues involved in the use of electronic documentation and the effect of international agreements on the terms of international sale contracts

(d) Payment

  • define and identify the characteristic features of a documentary credit
  • explain the significance of the Uniform Customs and Practice for Documentary Credits (UCP)
  • identify the different types of documentary credit
  • explain the steps involved in the opening of a credit
  • analyse the various contractual relationships
  • discuss the strict compliance and autonomy of the credit rules
  • explain the rights and obligations of the parties.

A student is permitted to bring into the examination room the following specified documents: one copy of each of the following: Factors Act 1889; Misrepresentation Act 1967; Supply of Goods (Implied Terms)Act 1973; Unfair Contract Terms Act 1977; Sale of Goods Act 1979; Supply of Goods and ServicesAct 1982; Consumer Protection Act 1987; Sale and Supply of Goods Act 1994; Sale of Goods (Amendment) Act 1995 and one copy of Blackstone's Statutes on Commercial & Consumer Law (OUP).