LAW08027 0000 Commercial and Consumer Law

General Details

Full Title
Commercial and Consumer Law
Transcript Title
Commercial and Consumer Law
Code
LAW08027
Attendance
N/A %
Subject Area
LAW - Law
Department
SOCS - Social Sciences
Level
08 - NFQ Level 8
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
0000 - The Beginning of Time
End Term
9999 - The End of Time
Author(s)
Breda McTaggart, Lorraine Murphy, Esther Quinn
Programme Membership
SG_GLAWB_H08 202100 Bachelor of Arts (Honours) in Law and Business
Description

The objective of this module is to provide the learner with in depth knowledge and understanding of the principles and concepts governing commercial and consumer law. 

The principles and objectives of commercial law will be explored and the substantive areas of commercial law will be examined including Agency, Sale of goods and supply of services and financing the transaction (credit and security). It builds on the general principles of contract law. The module provides the learner with an understanding of consumer law and policy, and the ever-increasing body of consumer protection measures in Ireland and the EU.

Learning Outcomes

On completion of this module the learner will/should be able to;

1.

Critically examine commercial and consumer contracts.

2.

Analyse the overlap between Commercial and Consumer Law as it applies to commercial transactions involving the sale of goods and the supply of services.

3.

Assess how Agency relationships are created.

4.

Critically explore the nature and commercial function of credit, security and the different forms of security taken.

5.

Evaluate the objectives of consumer law and policy through examination of the key sources of consumer law including legislation and caselaw.

6.

Appraise and evaluate the institutional framework of consumer protection and the effectiveness of consumer protection measures.

Teaching and Learning Strategies

The teaching and learning strategy is one which is founded on student-centered learning.  The module is designed to accommodate blended learning. Module will be delivered with a combination of classroom, online learning and tutorials.

Module Assessment Strategies

Assessment One: Mid Term MCQ (30%)

Assessment Two: End of Term Exam (70%)

Repeat Assessments

Repeat assessment based on failed components

Indicative Syllabus

1. Commercial and Consumer Contracts

  • Contracts for the Sale of Goods and Supply of Services
  • Banking Contracts
  • Insurance Contracts
  • Hire Purchase and Leasing Agreements
  • Agency Agreements
  • Franchising agreements
  • Distribution agreements

2.  Agency 

  • Definition/Classification
  • Creation of Agency relationship between Principal and Agent
  • Duties, Rights and Liability of an Agent to Third Parties
  • Termination of Agency Relationship

3. Credit and Security

  • Different types of credit and security
  • Overview of the lending market
  • Enforcement and Borrower Insolvency

4.  Sources of Consumer law and the EU framework of consumer protection

  • Irish and European Union (EU) legislation
  • Irish and European Union (EU) caselaw

5. The institutional framework of consumer protection 

  • The Competition and Consumer Protection Commission (CCPC)
  • European Consumer Centre (ECC) Ireland
  • European Small Claims Procedure (ESCP)
  • Commission for Aviation Regulation (CAR)
  • FIN-NET

Coursework & Assessment Breakdown

Coursework & Continuous Assessment
30 %
End of Semester / Year Formal Exam
70 %

Coursework Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Each year the model of assessment for Continuous Assessment will be determined based on the learner audience and may vary from a Case study, Presentation, Moodle Quiz, Written Report, Other Continuous Assessment Assessment 30 % Week 8 1,2,3
             
             

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Examination Final Exam Closed Book Exam 70 % End of Semester 1,2,3,4,5,6
             
             

Full Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Lecture Theatre Lecture 2 Weekly 2.00
Tutorial Flat Classroom Tutorial 1 Weekly 1.00
Independent Learning Not Specified Self Direct Learning 4 Weekly 4.00
Total Full Time Average Weekly Learner Contact Time 3.00 Hours

Required & Recommended Book List

Required Reading
2015-09-30 Commercial Law Bloomsbury Professional
ISBN 1780436904 ISBN-13 9781780436906

Commercial Law, 4th edition covers consumer law initiatives based on EU directives, plus significant commercial case law. It outlines the emergence of and variety in regulation regimes and deals with insolvency rules in Ireland as well as the credit union sector. Includes the following case law and legislation: McIlroy v Horizon Sports, HC (set for October 2014); Quinn v IRBC (set for early 2015); Darlington Properties v Meath County Council [2010] IEHC 70; Google Spain and Google Inc v AEPD C-131/12. Consumer Protection Act 2007; Defamation Act 2009 ; Legal Services Ombudsman Act 2009; Companies (Amendment) Act 2009; Enactment of Treaty of Lisbon in 2009; The EC (Payment Services) Regulations, 2009; Arbitration Act 2010; 29th Amendment of the Constitution (Judges' Remuneration) Act 2011 ; Personal Insolvency Act 2012. Previous print edition ISBN: 9781845922030

Recommended Reading
2012-01-01 Commercial Law
ISBN 1858006325 ISBN-13 9781858006321

The second edition of Commercial Law covers everything you need to know, from sale of goods and supply of services, to finance, insurance and international trade. The book examines the private law framework within which trade and commerce is conducted and provides you with an accessible, up-to-date description and critical analysis of the main areas of commercial law in Ireland, with reference to other jurisdictions where relevant. The second edition maps major developments in commercial legislation and case law over the last 10 years, from both a European and Irish perspective. Commercial Law also considers the recommendations of various law reform bodies; in particular the recommendations from the final report of the Sales Law Review Group (2011) are contextualised and critically examined. Commercial Law provides you with a thorough exploration of the subject area by examining the impact of the Arbitration Act 2010, Land and Conveyancing Law Reform Act 2009, Consumer Protection Act 2007, and the Patents (Amendment) Act 2006 on Commercial Law. You will also be brought up-to-date on important new regulations, such as: *The Consumer Sales Regulations, 2003 *The EC (Mediation) Regulations, 2011 *The EC (Payment Services) Regulations, 2009 *The EC (Enforcement of Intellectual Property Rights) Regulations, 2006 *The EC (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations, 2003

Required Reading
2014-12-03 Consumer Law
ISBN 0414035259 ISBN-13 9780414035256

Consumer Law: Rights and Regulation provides readers with a comprehensive and definitive analysis of contemporary Irish consumer law, within its European context. The book addresses consumer law issues from a dual perspective by examining both consumers' rights and suppliers' regulatory obligations. Key Features * A comprehensive reference that provides you with invaluable analysis and interpretation * Up to date and including all important case law, European and Irish legislation and Codes of Practice * Suited to practitioner needs in advising both consumers and suppliers * Identifies emerging legal developments and allows you to plan for future legal changes * Analyses the policy basis for legal measures and enhances discussions around appropriate reform models * Provides comprehensive analysis of complex and practically important issues in respect of: Sale of goods and supply of services; Product guarantee and product liability; Consumer credit; Financial Services Ombudsman; Investor protection; and Unfair commercial practices. * Includes coverage of: EU Mortgages Directive 2014; European Union (Consumer Information, Cancellation and Other Rights) Regulation 2013 which transposed the Consumer Rights Directive 2011/83/EC;Code of Conduct on Mortgage Arrears 2013; Central Bank Consumer Protection Code 2013; Directive 2013/11/EU on alternative dispute resolution for consumer disputes Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes About the authors Dr Mary Donnelly is a Senior Lecturer in Law at University College Cork. She is the author of The Law of Credit and Security (Thomson Reuters Round Hall, 2011). She has acted as a consultant on consumer and banking law issues for public and private sector organisations. Dr Fidelma White is a Senior Lecturer in Law at University College Cork. She is the author of Commercial Law (Thomson Reuters Round Hall, 2nd ed., 2012). She was a member of the Sales Law Review Group (2008-11) and has acted as a consultant on various consumer law projects in Europe and Ireland.

Recommended Reading
2020-07-02 Sealy and Hooley's Commercial Law
ISBN 9780198842149 ISBN-13 0198842147

Sealy and Hooley's Commercial Law: Text, Cases, and Materials provides students with an extensive and valuable range of extracts from key cases and writings in this most dynamic field of law. The authors' expert commentary and questions enliven each topic while emphasizing the practicalapplication of the law in its business context.Five renowned experts in the field continue the legacy of Richard Hooley and Len Sealy, capturing the essence of this fascinating topic at a time of significant legislative, regulatory, and political change.

Module Resources

Non ISBN Literary Resources
Journal Resources

Commercial Law Practitioner

Hibernian Law Journal

Donnelly, Mary; White, Fidelma, 'Irish consumer law: asserting a domestic agenda' 2013

URL Resources

https://www.ccpc.ie

https://centralbank.ie

https://www.lawsociety.ie

Other Resources
Additional Information