LW242-6-SP-CO:
Commercial Contract Law

The details
2022/23
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 6
ReassessmentOnly
Monday 16 January 2023
Friday 24 March 2023
15
08 September 2022

 

Requisites for this module
(none)
(none)
(none)
(none)

 

(none)

Key module for

(none)

Module description

This module, taught over one term, will build on the general contract law principles taught in Contract Law introducing students to some key legal and policy issues surrounding the regulation of contracts between parties acting in the course of a business.

The module begins with discussion of applicability of the general rules of contract law to contracts between parties acting in the course of a business; and the bifurcation in regulation between such 'business to business'; (B2B) contracts and business to consumer (B2C) contracts in recent times.

It then considers: the implied terms and remedies applicable to supply of defective, mis-described and unfit for particular purpose goods (including issues of rejection/termination, and restrictions on these remedies based on slight breach, seller rights to cure and 'acceptance').

Next it considers the importance of corporate social responsibility for commercial contractual parties. It examines the meaning and implications of corporate social responsibility and highlights the contractual methods of promoting it. It finally compares the contractual methods with administrative enforcement.

Module aims

The module aims to enable students to understand, apply to problems and critically appraise (doctrine and policy issues related to) conformity standards and remedies in sales contracts and the promotion of corporate social responsibility in commercial contracts.

Module learning outcomes

Upon successful completion of the module the students will be able to demonstrate the following:

1. An understanding of the 'place' of B2B (Business to Business) contracts in relation to general contract law, consumer law, domestic law, supranational law and debates as to values and policy aims
2. An understanding of the key sources of the relevant rules
3. An understanding of the nature/meaning of the relevant rules
4. An ability to apply the relevant rules to hypothetical problem situations
5. An ability to provide clear, well-structured and critical evaluation of the relevant rules

Module information

Indicative Syllabus:

1. Introduction: general contract law, distinctions from consumer contract law; values; Europeanisation and globalisation
2. Implied terms as to description, quality and fitness for particular purpose
3. Remedies: rejection/termination (including restrictions based on slight breach, seller rights to cure and 'acceptance')
4. Meaning of corporate social responsibility and its importance in commercial relations and contracts
5. Contractual methods for promoting corporate social responsibility in commercial relations
6. Comparison of the contractual method of promoting corporate social responsibility and the administrative enforcement via unfair commercial practices

Learning and teaching methods

This module is available for reassessment purposes only.

Bibliography

This module does not appear to have a published bibliography for this year.

Assessment items, weightings and deadlines

Coursework / exam Description Deadline Coursework weighting
Coursework   LW242 - Reassessment Without Attendance    100% 

Exam format definitions

  • Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
  • In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
  • In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
  • In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary, for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.

Your department will provide further guidance before your exams.

Overall assessment

Coursework Exam
100% 0%

Reassessment

Coursework Exam
100% 0%
Module supervisor and teaching staff
Prof Christopher Willett, email: cwillett@essex.ac.uk.
Chris Willett, Nikhil Gokani, Dr. Johanna Hoekstra
Law UG Education Administrators - lawschoolug@essex.ac.uk

 

Availability
Yes
No
Yes

External examiner

Dr Karen Mc Cullagh
University of East Anglia
Lecturer in Law
Resources
Available via Moodle
Of 546 hours, 0 (0%) hours available to students:
541 hours not recorded due to service coverage or fault;
5 hours not recorded due to opt-out by lecturer(s).

 

Further information
Essex Law School

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