Advanced International Legal Studies Postgraduate Course
Course descriptionDuration:3 Months Intensive Full-Time Programme Contents, Concepts and IssuesModule 1:Commercial LawM1. Part 1: Foundations of Commercial Law The Nature and Sources of Commercial Law: The Law Merchant; The Founding of English Commercial Law; The Nature of Commercial Law; The Interest to be Protected; The Principal Sources of Commercial Law; The Limitations of Judicial Precedent; The Problem of Language. Basic Concepts of Personal Property: Personal Property Defined; The Distinguishing Characteristics of Personal Property; Equitable Ownership; Possession; Dealings in Goods; Dealings in Intangibles; Conflicting Claims To Pure Personalty; The Effect of Transfers by a Non-Owner; Property and Obligation; Identifying the Object of a Transfer Obligation The Protection of Property Rights Through the Law Of Torts. Some Aspects of Contract Law: The Nature and Function of Contract Law; Promise and Bargain; Contract as a Reflection of the Will of the Parties; Formation and Avoidance; The Classification of Statements Made in Contractual Setting; Ascertaining the Contract Terms; Construing the Contract; Restrictions on What Can be Validly Stipulated; The Privity Rule And Its Consequences; Variations and Novations; Waiver and Estoppels; Remedies of Misrepresentation; Performance of the Contract; Remedies for Breach of Contract; Illegality; Frustration; Commercial Contracts; Agency in Commercial Transactions.M1. Part 2: Domestic Sales A Brief History of Sales Law; The Contract of Sale: Its Nature And Function: Ambit of the Sale of Goods Act; The Language of Sale of Goods Act; The Contract of Sale Defined; The Importance of the Statutory Definition; The Supply of Goods and Services Bill. The Passing of the Property: Identification of the Contract Goods; Property: Some General Aspects; The Time When Property Passes to the Buyer. Risk and Frustration: The Meaning of “Risk”; The General Principle of Risk: Res Perit Domino; The Sales of Goods Act Rules on Frustration; Wholly Unascertained Goods; Quasi-Specific Goods; Identified Goods; Goods Supplied on Approval or on Sale or Return; Insurance. Delivery: The Concept of Delivery; Modes of Delivery; The Delivery Point; Time of Delivery; Expenses of Delivery; Excuses for Non-Delivery; The Buyer’s Duties; Instalment Deliveries; Remedies for Non-Delivery. The Statutory Implied Terms in Favour of the Buyer: Conditions and Warranties; Title, Freedom Form Encumbrances and Quiet Possession; Correspondence with Description; Merchantable Quality; Fitness for Purpose; Correspondence with Sample The Exclusion of Liability for Fitness, Quality and Correspondence with Sample and Description; Should Further Terms be Implied?; The Effect of Replacement or Repair of Defective Goods; Rejection and Its Consequences: The Right to Reject Time of Rejection; Mode of Rejection; Loss of Right To Reject; The Effect of Improper Rejection;