UNIVERSITY OF TECHNOLOGY, JAMAICA

THE FACULTY OF LAW

COURSE OUTLINE

FACULTY:

LAW

COURSE OF STUDY:

BACHELOR OF LAW DEGREE

STAGE/YEAR:

YEAR 3 SEMESTER 2

MODULE TITLE:

COMMERCIAL LAW

MODULE CODE:

LLB4001

DURATION:

45 HOURS

CRDIT VALUE:

3 CREDITS

PRE-REQUISITES:

NONE

1.0

MODULE OF DESCRIPTION

This course seeks to examine some of the more recognized areas of Commercial Law. At the end
of the course students should have an appreciation of what the term Commercial Law means
and what this area of law covers. Students should also have an in depth knowledge of some of
the more common areas of commercial law including the law of agency, the law as it relates sale
of goods, contracts with a foreign element, consumer credit transactions, consumer protection
and negotiable instruments, inter alia.
2.0

GENERAL MODULE OBJECTIVES

At the end of this course students should:

1. Recognise relevant legal issues which may arise in commercial transactions and
the implications of same with respect to various business practices.
2. Appreciate the relationship which exists between major players in the commercial
world and have an understanding of the rights and obligations of each party in
varying situations.

3. Understand the peculiarities associated with regional and international

commercial transactions.
4. Appreciate the rights of the consumer and how this impacts the way business
entities conduct business.
5. Be familiar with the all relevant legislation which impact Commercial Law in the
Commonwealth Caribbean.
6. Be able to critically analyse problems and cases and apply relevant concepts and
principles of law (both statutory and common law) to everyday situations.

3.0

MODULE CONTENT AND CONTEXT

Unit 1

Law of Agency

(2 Hours)

Specific Objectives
Content

Who is an agent and how is an agency situation created;

What is the scope of an agents authority;

The relationship between agent and principal and the rights, duties and obligations
owed by both the agent and principal to third parties;

How is an agency situation terminated?

Unit 2

Sale of Goods

(2 Hours)

Specific Objectives
Content

Formation and terms of the Contract of Sale of Goods;

Transfer of property between buyer and seller and transfer of Title;

Duties of the buyer and seller under a Contract of Sale of Goods;

Remedies for breach of contract.

Analysis of the Sale of Goods Act of Jamaica and other Commonwealth Caribbean
jurisdictions.

Unit 3

Commercial Contracts with a foreign element

(1 Hours)

Specific Objectives
Content

Peculiar provisions in the contract of sale;

Sources of Law and the Issue of jurisdiction;

Choice of law;

Enforcement of foreign judgments.

Unit 4

Hire Purchase and Consumer Credit

(2 Hours)

Specific Objectives
Content

Formation and terms of the Hire Purchase Agreement;

Rights, duties and obligations of all parties under a Hire Purchase Agreement;

Rights of the owners and bailee against third parties;

Analysis of the Hire Purchase Act of Jamaica and other Commonwealth Caribbean
jurisdictions;

Consumer Credit Agreements (other than hire purchase).

Unit 5 -

Fair Trading and Consumer Protection

(2 Hours)

Content

Regulation of Agreements;

Analysis of the Consumer Protection Act of Jamaica and other Commonwealth

jurisdictions;

Analysis of the Fair Competition Act of Jamaica and other Commonwealth

jurisdictions;;

Role of Agencies such as the Fair Trading Commission, the Consumer Affairs
Commission and the Bureau of Standards;

Remedies available to consumers.

Unit 6 -

Negotiable Instruments

(1 Hours)

Specific Objectives
Content

What is negotiable instrument and why are they important in the commercial world;

What are Bills of Exchange, Cheques and Promissory Notes and how are they
negotiated;

Legal Implications of drawing a negotiable instrument in one country and negotiating

it in another.

Unit 7 -

Miscellaneous Considerations with respect to Commercial Law ( 3 Hours)

Specific Objectives
Content

The different types of business structures and the legal implications of each;

Analysis of the Companies Act of Jamaica;

Regulation of business affairs:-

(i) Contracts of Employment

(ii) Termination of Contacts
(iii)

4.0

Redundancy

INSTRUCTIONAL/ TEACHING METHODS

Lectures/ Discussions
Case Studies

Analysis of applicable legislation

Class Presentations
5.0

ASSESSMENT PROCEDURES
Class Test

25%

Group Project

15%

Class Presentations

10%

Final Exam

50%

Total
6.0

100%
BREAKDOWN OF HOURS

Lecture

13 Hours

Tutorial

26 Hours

Tests

4 hours

Final Exam
Total

7.0

2 hours
45 Hours

TEXTS AND REFERENCES

Required Texts
1. Robert Bradgate, Commercial Law (3rd edition OUP, Oxford 2000)
2. Goode, Commercial Law (4th Edition, Butterworths, 2009)
Recommended Texts
1. L S Sealy and RJA Hooley, Commercial Law Texts Cases and Material (4th
edition OUP, Oxford, 2009)

Required Legislation
1.
2.
3.
4.
8.0

Sale of Goods Act

Hire Purchase Act
Consumer Protection Act
Fair Competition Act

NAME OF SYLLABUS WRITER/DEVELOPER

Kaysha A.C. Franklin

9.0

DATE OF PRESENTATION
December 22, 2010

10.0

DATE OF ACCEPTANCE