Commercial Law — Overview
Publications
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Showing all 8 Commercial Law publications currently held in our database
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Journal Articles
L Gullifer, 'The Law Commission’s Proposals: a critique' (2004) 15 European Business Law Review 811
Considers the proposals by the Law Commission for the reform of the law of personal property security interests
ISBN: 0959-6941
Roy Goode, 'Assignment Clauses in International Contracts' (2002) 2002 No. 3/4 Forum Europeen de law Communication, International Business Law 389
Discusses typical assignment clauses in contracts and their legal significance
ISBN: 0295.583
Roy Goode, 'The Role of the Lex Loci Arbitri in International Commercial Arbitration' (2001) 17 No. 1 Kluwer Law International 19
Written originally as a contribution to a collection of essays in honour of Professor Francis Reynolds this article discusses the extent to which judgments or orders of a court in the state of origin of arbitral proceedings in an international commercial arbitration should be respected by courts of the state of enforcement, and examines the theory of the delocalised arbitral award.
ISBN: 0957 0411
Books
Roy Goode, Legal Problems of Credit and Security (Louise Gullifer ed, 4th edn, Thomson Sweet & Maxwell 2008)
Chapters
Roy Goode, 'Are Intangible Assets Fungible' in Peter Birks and Arianna Pretto (eds), Themes in Comparative Law (Oxford University Press 2002)
Analyses the concept of fungibility in relation to intangible property and seeks to show that things often described as fungibles, eg shares, are in fact single assets the subject of co-ownership, so that questions of appropriation and identification do not arise.
ISBN: 0-19-9258566-2
Edited books
V Triebel and others (eds), Englisches Handels- und Wirtschaftsrecht [English Commercial and Economic Regulatory Law] (Munich, Beck Verlag 2012)
Others
L Gullifer and Professor Sir Roy Goode, 'Goode on Legal Problems of Credit and Security (4th ed. edited by Louise Gullifer)' (2008) Sweet & Maxwell
4th edition of this well-known key text by Sir Roy Goode
Reviews
D P Nolan, 'The Law of Electronic Commerce' (2011) [2010] Lloyd's Maritime and Commercial Law Quarterly 677 [Review]
Courses
The courses we offer in this field are:
Undergraduate
FHS - Final Year (Phase III)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe). Phase II of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.
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Part of the fascination of commercial law springs from its responsiveness to the changing needs of the business community. Through the ingenuity of those in business and their legal advisers new instruments and procedures are constantly being devised which have to be tested for their legal effect against established principles of the law of property and obligations. The core of the course involves a rigorous examination of personal property law in the context of commercial transactions, together with contractual issues of central importance to commercial transactions. The first part of the course looks at issues related to the sale of goods, such as implied terms, transfer of property and title disputes with third parties. Basic principles of commercial transactions, such as assignment, agency and possession are then examined. The last part of the course looks at real security in personal property, including priorities (between secured interests) and the characterisation of, and justification for, real security. There are also lectures covering negotiable instruments and documents of title to goods. A feature of the whole course is that the student learns how a desired legal result can be achieved, or a legal hazard avoided, by selection of an appropriate contract structure. Though students will be expected to analyse statutory materials as well as case law, a distinguishing feature of the course is its concentration on fundamental concepts and their application in a commercial setting. The course thus offers an intellectual challenge and provides a good foundation for those contemplating practice in the field of commercial law.
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Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
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Part of the fascination of commercial law springs from its responsiveness to the changing needs of the business community. Through the ingenuity of those in business and their legal advisers new instruments and procedures are constantly being devised which have to be tested for their legal effect against established principles of the law of property and obligations. The core of the course involves a rigorous examination of personal property law in the context of commercial transactions, together with contractual issues of central importance to commercial transactions. The first part of the course looks at issues related to the sale of goods, such as implied terms, transfer of property and title disputes with third parties. Basic principles of commercial transactions, such as assignment, agency and possession are then examined. The last part of the course looks at real security in personal property, including priorities (between secured interests) and the characterisation of, and justification for, real security. There are also lectures covering negotiable instruments and documents of title to goods. A feature of the whole course is that the student learns how a desired legal result can be achieved, or a legal hazard avoided, by selection of an appropriate contract structure. Though students will be expected to analyse statutory materials as well as case law, a distinguishing feature of the course is its concentration on fundamental concepts and their application in a commercial setting. The course thus offers an intellectual challenge and provides a good foundation for those contemplating practice in the field of commercial law.
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Postgraduate
BCL
Commercial Remedies (not offered in 2011-12)
This new course aims to provide an in-depth understanding of remedies in a commercial context, interpreting that phrase in a wide sense. So it will cover remedies for civil wrongs (ie, breach of contract, tort and equitable wrongs) but will exclude any direct consideration of damages for personal injury and death. The course will build on knowledge which all law undergraduates ought to have and, in some areas, will enable students to look in greater depth at matters dealt with at undergraduate level. The approach will be avowedly traditional in that the focus will be on case analysis and doctrine. As with the Restitution of Unjust Enrichment course, with which this will dovetail, the anticipation is that developments at the cutting edge of the law will be constantly debated. An important and novel aspect of the course will be to discuss alongside remedies for the common law wrongs of breach of contract and torts, remedies for the equitable wrongs, such as breach of fiduciary duty.
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People
Commercial Law teaching is organized by a Subject Group convened by:
Louise Gullifer: Professor of Commercial Law and
Thomas Krebs: University Lecturer in Commercial Law
in conjunction with:
Hugh Beale: Visiting Professor
Andrew Burrows, QC: Professor of the Law of England
Ewan McKendrick: Registrar and Professor of English Private Law
Also working in this field, but not involved in its teaching programme:
Roy Goode: Emeritus Professor of Law
Robert B Stevens: Retired. Formerly Master of Pembroke

