This module develops and applies aspects of the law of contract and examines commonly encountered commercial and consumer transactions.
To identify and examine the principles of Scots commercial law, consumer law and corporate law as they relate to business 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. Conduct a client interview and give oral or written advice to consumer and/or commercial law problems
4. Demonstrate a clear understanding of the way in which commercial law operates to promote good business practice
1 Sale and Supply of Goods
Contract of sale and related contracts: implied terms, transfer of property and risk, breach and remedies.
2 Rights in Security
Rights in security over moveables: lien, pledge, hypothec, floating charges. Guarantees and cautionary obligations. Diligence: attachment inhibition, arrestment, adjudication and money attachment. Personal insolvency. Standard securities over heritage.
3 Financial contracts
Banking contracts and insurance: formation of contract, disclosure, insurable interests, warranties.
4 Regulatory Framework
Institutions and redress. Regulation of trading practices: advertising and marketing, distance selling and e-commerce, consumer credit.
5 Consumer Law
Product quality: Exclusion clauses (UCTA 1977 and UTCCR 1999). Product safety and the Consumer Protection Act 1987. Consumer Rights Act 2015.
6 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 problems. Students are expected to prepare for their tutorials by reading from lists of directed reading for problem questions and by reading textbooks, cases and any relevant legislation. As regards coursework, the module is assessed by an interview with a consumer client or business client. The interview may be backed up by a written exercise. Literature research is required for both the coursework and the interview exercise. Students are encouraged throughout, but for the consumer interview exercise in particular, to identify the differing registers suitable for academic legal writing or for clients and other professionals. Students will be provided with feedback on their client care skills as well as on their factual analysis and legal arguments. 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.
Teaching and Learning Work Loads
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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 2017/18 , and may be subject to change for future years.