Overview

The course will contain lectures dealing with the distinction between sale; service; hire; hire purchase and barter transactions and with the significance of these distinctions. These will be followed by lectures to include the duties and obligations of the buyer and seller and the remedies for breach of a sale of goods contract; the validity of exclusions and/or limitations of liability in contracts of sale; The concept and relevance of property and title; how and when property and risk pass in a sale of goods transaction; the use and validity of retention clauses and the uses of agency. Lectures on the topic of international sale transaction and on financing the sale transaction will also be given.

Assessment Strategy

-threshold -D- to D+ (40-49%) An answer which, while predominantly correct in its presentation of material, contains a significant level of error and is therefore not entirely reliable.

-good -B- to B+ (60-69%) High Standard: A comprehensive answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in an argument which, while clear, logical and critical, leaves room for improvement in its construction and presentation. An answer which shows complete competence in the subject.

-excellent -A- to A* (70+%) An outstanding, possibly brilliant, answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in a clear, logical, critical argument with little room for improvement. An answer which demonstrates a complete mastery of the subject.

-another level-C- to C+ (50-59%) An answer which, while always in the main accurate and correct, fails to distinguish between relevant and irrelevant material and is lacking in criticism. An answer which while reliable with regard to correctness is either not comprehensive or not entirely pertinent.

Learning Outcomes

• Apply basic knowledge to complex actual or hypothetical situations in relation to remedies under the general law of contract and under the Sales of Goods Act 1979, in particular the market price rule.

• Demonstrate a good knowledge of the basic rules of delivery and acceptance under the Sales of Goods Act 1979 and of the real and personal remedies available to both buyer and seller.

• Demonstrate a good understanding of the basic terms implied by the Sale of Goods Act 1979 into commercial contracts.

• Demonstrate a good understanding of the rules in respect of the passing of property and risk sufficient to be able to undertake independent legal research into the basic differences between cif and fob contracts.

• Identify and discuss the key elements of a contract for the sale of goods and the differences between a contract for the sale of goods and other commercial transactions such as hire purchase and contracts for work and materials.

• Identify and discuss the key issues in commercial contracts where liability may be limited or excluded and to demonstrate an understanding of and be able to suggest explanations for the differences in dealing as consumer and non-consumer in this respect.

• Show a good understanding of key ideas, concepts and arguments relating to nemo dat non quod habet (and the various exceptions thereto) and also in respect of Romalpa clauses.

• Understand the key principles of the law of agency and how a principal can be bound by a third party without actual authority.