To identify and examine the principles of Scots commercial law, consumer law and finance as they relate to business and consumer transactions.
By the end of this module the student should be able to:
1. Demonstrate knowledge and understanding of the principles and transactions of commercial law and consumer law in Scotland
2. Formulate structured written answers to defined commercial and consumer law issues
3. Provide written advice for hypothetical clients on consumer and/or commercial law problems
4. Demonstrate a clear understanding of the way in which commercial and consumer law operate to promote good business practice
1 Sale and supply of goods and services to businesses
Contract of sale and related contracts to businesses: implied terms, transfer of property and risk, breach and remedies, operation of the Sale of Goods Act 1979,Supply of Goods and Services Act 1982 and the Unfair Contract Terms Act 1977
2 Sale and supply of goods and services to consumers:
Consumer Rights Act 2015, Consumer Protection Act 1987, Consumer contracts regulations
3 Rights in Security
Rights in security over moveables, lien, pledge, hypothec, standard securities, floating charges, guarantees and cautionary obligations.
4 Debt recovery and personal insolvency
Diligence: attachment inhibition, arrestment, adjudication and money attachment. Personal insolvency and the Bankruptcy (Scotland) Act 2016.
The common law of insurance: operation of the Third Parties (Rights against Insurers) Act 2010, the Consumer Insurance (Disclosures and Representations) Act 2010, the Insurance Act 2015
6 Consumer credit and consumer finance
Consumer Credit Act 1974, hire purchase, loans, banking practice, mortgages, personal savings and investments, pensions, stocks and shares, basic rules of taxation and money laundering
7 Arbitration and ADR
ADR forms such as negotiation, mediation and arbitration. Arbitration in Scotland: Arbitration (Scotland) Act 2010
Statement on Teaching, Learning and Assessment
The module is delivered through lectures and tutorials. Lectures are used to explain the law, while tutorials are used to explore students’ understanding of the law and to ensure that students engage with the practical application of the law to commercial and consumer law problems. Students are expected to prepare for their tutorials by close reading of textbooks, cases, articles and any relevant legislation. As regards coursework, the module is assessed by a written exercise whereby the student, acting as a trainee in a law firm or other professional organisation, provides practical and commercially-minded legal advice for a consumer client or business client. Students are directed to use the appropriate register suitable for academic legal writing or for clients and other professionals. Students will be provided with feedback on their clarity of expression as well as on their factual analysis and legal arguments. While studying this module, students are expected to make themselves aware of the wider commercial world of business and of the ways business and the law interact. The module will also be of personal benefit to students, and ultimately their clients, as one component within the module is personal finance. Students will be encouraged to reflect on the employability skills gained and how such skills might be deployed in employability project settings. Students will also be assessed by means of a final examination. The week 7 activity will be formative feed-forward for the written assignment.
Teaching and Learning Work Loads
|Supervised Practical Activity||0|
|Unsupervised Practical Activity||0|
Credit Value – The total value of SCQF credits for the module. 20 credits are the equivalent of 10 ECTS credits. A full-time student should normally register for 60 SCQF credits per semester.
We make every effort to ensure that the information on our website is accurate but it is possible that some changes may occur prior to the academic year of entry. The modules listed in this catalogue are offered subject to availability during academic year 2019/20 , and may be subject to change for future years.