Commercial Law (Honours) LAW4004

  • Academic Session: 2023-24
  • School: School of Law
  • Credits: 20
  • Level: Level 4 (SCQF level 10)
  • Typically Offered: Semester 1
  • Available to Visiting Students: Yes

Short Description

The course focuses on:

(1) the concept of money as a form of property and debt and, in this context, on an understanding of the concept of documentary intangibles and negotiable instruments, the differences between existing forms of money, new forms of money (cryptocurrencies) and the role of banks in the money supply process

(2) insurance law (insurance regulation, insurable interest, duty of utmost good faith, warranties).

Timetable

2 hour weekly seminars.

Requirements of Entry

This course is principally available to LLB students (Scots Law or Common Law). Also open to visiting students having taken relevant courses previously.

 

Required: Admission to Honours in the LLB

 

Recommended: Property Law/Land Law (level 2, Scots Law or Common Law) (or equivalent)

Recommended: Commercial Law (level 2, Scots Law or Common Law) (or equivalent)

Excluded Courses

None.

Co-requisites

None

Assessment

One essay of 1,500 words worth 20%, this essay is a formative/summative essay and must be submitted because of its summative component. One essay of 3,500 words worth 80% (due in December, start of the examination diet), this essay is a summative only essay, with a choice of one essay topic out of two topics.

Are reassessment opportunities available for all summative assessments? Not applicable for Honours courses

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below.

Course Aims

The aim of the course is to:

 

· Provide a critical understanding of the concepts of intangible moveable property, debt and money, the relationship between money and banks

· Equip students to analyse the principles of insurance law.

 

And also to encourage and enable students to:

 

· take responsibility for effective individual and group discussion and problem solving exercises

· develop research and problem solving skills

· develop critical analysis and reasoning, both oral and written

Intended Learning Outcomes of Course

By the end of this course students will be able to:

 

· demonstrate an understanding of what money constitutes in law

· explain the general principles of debt, documentary intangibles and negotiable instruments

· explain the differences between existing forms of money

· identify and explain new forms of money (cryptocurrencies)

· discuss in a critical manner the wider implications of the money supply system and the role of banks in the money supply process

· explain the insurance regulation system

· demonstrate an understanding particularly of insurable interest, duty of utmost good faith and warranties

· analyse critically the primary legal materials on the law of money system and of insurance

· evaluate and provide meaningful and informed comment on proposals for reform.

Minimum Requirement for Award of Credits

Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.