Handbook

Commercial Law JURD7318 is an Undergraduate Elective which introduces students to the general principles of commercial law, and builds on their foundation courses in Contracts, Business Associations 1 and Property, Equity & Trusts. It does not substantially overlap with specialised commercial options such as Law of Banking, Commercial Finance, Consumer Protection Law, Economic Analysis of Law, Insurance Law, Insolvency Law, International Trade Law, Interests in Securities, Regulation of Economic Activity, and Securities and Financial Services Regulation. As a 6 unit elective, Commercial Law introduces students to the way in which general principles of common law, equity and statute law have developed to deal with the needs of commercial markets by focussing on: The law applicable to commercial sales of goods; andAgency law The course, like the players in commercial markets, takes a problem-solving approach to subject matter, but also considers the broader policy dimensions of commercial law doctrines and practices. The problem solving approach investigates the way traders structure transactions to take best advantage of the protection offered by existing legal doctrines, and so illuminates the creative ways in which legal models or concepts are adapted to achieve pragmatic goals.

Main Topics

• Understanding the contract of sale and the multiple legal concepts of goods
• Contractual and statutory terms of contracts of sale
• Concepts of ownership: property, possession and transfer of risk
• How sales of goods are contracted for.
• Warranties in commercial and in consumer sales.
• What is ownership? How does bailment work legally?
• Performance and breach in the sale of goods.
• Agency law, including an introduction to fiduciary duties, and the rather interesting problems presented by double agents.