CARDIFF LAW SCHOOL
MODULE CHOICE EXERCISE APRIL 2012
Module taster sessions
Module code
CL6313
Module title
Commercial Law
(Formerly Sale of Goods and Agency)
Credit value
30
Semester(s)
Both
Method of teaching
40 x 1 hour lectures (2 per week)
9 x 1 hour tutorials (1 per fortnight)
Method of assessment
Independent Research Project: 25%
Examination: 75% (Spring)
Independent Research Project: Students will be asked to research a particular issue in
commercial law and to write an essay on this, without the initial help usually provided in
lectures. For the formative assignment, students will be asked to submit a draft of their essay
or report, and will be given feedback on their progress. Students will be asked to submit the
final version of the essay for the summative assignment.
Module summary
This module examines fundamental legal issues associated with commercial transactions.
Students will initially be introduced to the nature and role of commercial law. The module
will then deal with arguably the most important commercial transaction, the sale of goods,
with particular emphasis on the Sale of Goods Act 1979. Aspects of commercial law related
to the sale of goods, such as agency and security, will also be examined. Although the
emphasis of this course is on domestic business to business transactions, it may also
examine the impact of the European Union on domestic commercial law and consumer sales.
Syllabus Content
1. Introduction to Commercial Law including for example
The nature and function of Commercial Law
Principles of Commercial law
Historical Development of Commercial Law
The relationship between Commercial law and Consumer law
Codification of Commercial law
2. The Sale of Goods including for example
The historical development and policy objectives of the Sale of Goods Act
The Scope of the Sale of Goods Act
The Seller’s Duties
Buyer’s Remedies
Buyer’s Duties and Seller’s Remedies
Security in Sales and Retention of Title Clauses
The Passing of Property
Transfer of Risk
Transfer of Title by a Non-Owner
3. The Impact of the European Union on Sales Law including for example
The Consumer Sales Directive
The Consumer Rights Directive and Internet Sales
The Common European Sales Law
The Unfair Commercial Practices Directive
4. The Law of Agency including for example
The Creation of Agency
The Relationship between the Agent, Principal and Third Party
The Common Law Rights and Duties of the Agent
The Rights and Duties of Commercial Agents in EU Law
Format and content of tutorials
There are 9 fortnightly tutorials covering most of the topics on the course. Tutorials are
designed to facilitate students’ independent study.
Tutorial worksheets will be available in Learning Central and students are expected to fully
prepare for tutorials. Students may be asked to bring written work to tutorials or to make
short presentations in tutorials, and will be expected to conduct independent study for
tutorials. Students should also view each tutorial as a “mini” formative assignment with the
chance for peer feedback, group feedback or tutor feedback, particularly where students are
asked to bring sample answers to problem questions or essay plans to tutorials
Sample reading
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Sir Roy Goode: Commercial Law in the Next Millennium (Sweet & Maxwell) (copies in
short loan collection), Chapter 1 (The shaping of commercial law)
Lord Justice Irving: The Law: An Engine for Trade (2001) 64 MLR 333
Sealy & Hooley Commercial Law: Text, Cases & Materials (OUP, 4th ed., 2009) Chapter
1