Lecture for law module at university of law

Module slides

1. Aspects of
Commercial Law -
Lecture 1
Paul Eden
Room G-08 Freeman
Sussex Law School
[email protected]

2. M5001- Aspects of Commercial Law - Lecture 1 2
Introduction

Aspects of Commercial Law

Module code – M5001

Level 6, 15 Credits

10 x 110 minute seminars

Final year LL.B students

3. M5001- Aspects of Commercial Law - Lecture 1 3
Topics of Discussion

The basic idea of the module

Module Learning Outcomes

Syllabus

Assessment

My Prescribed Textbooks

The sources of Commercial Law

The 19
th
century codifications

External influences on English
Commercial Law today

4. M5001- Aspects of Commercial Law - Lecture 1 4
The basic idea of the module

“Commercial law has traditionally been
treated as a mere aggregation of specific
subjects such as sale, agency and
negotiable instruments, each a self-
contained field governed by its own
distinctive rules”. (Roy Goode)

We look at the law of agency and the law
of personal property in this module.

5. M5001- Aspects of Commercial Law - Lecture 1 5
Module Learning Outcomes

6. M5001- Aspects of Commercial Law - Lecture 1 6
Syllabus
Week 1 - Introduction
Weeks 2-5 - Personal Property
Law
Week 6 – READING WEEK
Week 7 – Security Interests
Weeks 8-10 - Law of Agency
Week 11 - Key Themes and
Assessment Preparation

7. M5001- Aspects of Commercial Law - Lecture 1 7
Modes of assessment

The assessment for this module is
essay based.
  The assessment
consists of two parts. Part A is an
essay question worth 85% of your
mark. The word limit for the essay is
2,500 words. Part B is an annotated
bibliography worth 15% of your
mark. The word limit for the
annotated bibliography is 500 words.

8. My Prescribed Textbooks

David Fox et al, Sealy and
Hooley’s Commercial Law: Text,
Cases and Materials (6
th
edn,
Oxford University Press 2020)
Chapters 1-3, 9-10 and Part VIII –
Commercial Credit and Security
(Chapters 24-26) – This is
available via OUP Law Trove

Michael Bridge, Personal Property
Law (4
th
edn. OUP 2015)
M5001- Aspects of Commercial Law -
Lecture 1
8

9. My Introductory Reading

Roach L, Baskind E and Osborne
G, Commercial Law (5
th
edn,
Oxford University Press 2025)
chapters 1-2, 10-12 and 25-26

Goode R, Commercial Law in the
Next Millennium (Sweet and
Maxwell, 1998) Chapters 1 and 3
M5001- Aspects of Commercial Law - Lecture 1 9

10. What are the sources of
Commercial law?

“the foundation on which
commercial law rests is the law of
contract” (Roy Goode)

The role of standard form contracts

Interpretation of contracts

The protection of commercial
expectations – see further Re
Spectrum Plus [2005] UKHL 41
M5001- Aspects of Commercial Law - Lecture 1 10

11. 19
th
century codification
English commercial law

Sir Mackenzie Chalmers

Bills of Exchange Act 1882

Sale of Goods Act 1893

Marine Insurance Act 1906

Sir Frederick Pollock

Partnership Act 1890
M5001- Aspects of Commercial Law - Lecture 1 11

12. Professor Gordon’s definition
of the law of contract

Study rules based on a model of
two-fisted negotiators with equal
bargaining power who dicker
freely, voluntarily agree on all
terms, and reduce their
understanding to a writing intended
to embody their full agreement.
Learn that the last contract fitting
this model was signed in 1879.
M5001- Aspects of Commercial Law - Lecture 1 12

13. How is Commercial Law
different?

Use of standard form contracts
Reduces transaction costs!

Interpreting commercial contracts
Commercially sensible construction
How much of the background?

The pressure of the consumer

Wholly unknown in the 19
th
century

Key EU competence since 1980s
M5001- Aspects of Commercial Law -
Lecture 1
13

14. External influences

Two external influences relevant
1.British membership of the EU –
particularly for Consumer Law
2.International conventions aimed at
the harmonisation of international
commercial law
e.g. The UNCITRAL Model Law on
Arbitration informed the content of
the Arbitration Act 1996
M5001- Aspects of Commercial Law - Lecture 1 14

15. The rise of the consumer I

Sir Henry Maine is best known from
his argument in Ancient Law (1861)
that the history of progressive
societies was “a movement from
status to contract” i.e. that your rights
arise from agreements that you enter
into rather than the social class that
you are born into. Commercial Law
is primarily about the application of
agreements to the marketplace.
M5001- Aspects of Commercial Law - Lecture 1 15

16. The rise of the consumer II

Modern consumer law seems to be
based on two key premises
an imperfect marketplace, and
the return of status as the primary
source of individual rights.

This was very influential in the 1970s
in the UK e.g. UCTA 1977.

Recent UK reforms have focussed on
insurance law reform. See Consumer
Insurance (Disclosure and
Representations) Act 2012.
M5001- Aspects of Commercial Law - Lecture 1 16

17. The rise of the consumer III

The Consumer Rights Act 2015

The Consumer Rights Act came
into force on 1 October 2015

Now it is key to know the status of
the parties to a contract for the
sale of goods/supply of digital
content because the CRA applies
to transactions between a trader
and a consumer.
M5001- Aspects of Commercial Law - Lecture 1 17

18. A word about the wider context

This module will allow you to think critically and in an
engaged way about aspects of commercial law.

You will have the opportunity to explore ideas and
concepts relating to agency and personal
property law in this module in greater depth.

This module builds on the knowledge and skills
already developed in the Law of Contract and Land
Law. You will use Equity and Trust concepts here.

In this module you will develop problem solving
skills for your future legal or business career
M5001- Aspects of Commercial Law - Lecture 1 18

19. Final Thoughts

I very much value your feedback
on this module – please complete
the module evaluation at the end!

Feel free to provide feedback and
ask for advice and clarification
during the term.

I will do my very best to act on
issues that I can address within the
module
M5001- Aspects of Commercial Law - Lecture 1 19