The book Commercial Law. This book is written by the London School of Economics and you can download it freely in pdf format. The course provides an introduction to English business law as a whole, combined with in-depth coverage of some specific aspects. The first part considers the fundamental principles of the common law of contracts applied to business-to-business transactions. Topics include (but are not limited to) pre-contractual duties, interpretation, third-party rights, and remedies for breach of contract. The course then considers how commercial disputes are resolved, concentrating on the international context and the role of arbitration. The last third of the course focuses on the common law approach to two particular types of business dealings: financial transactions and the sale of the property. These examples are chosen to illustrate the types of problems that arise in different market sectors. The objectives of the course are twofold: first, to familiarize students with the fundamental principles of commercial law, so that they can apply these principles to a wide range of transactions. Secondly, at the end of the course, students will be able to take a critical approach to the subject in order to debate and make proposals for reform.
What policies and principles should prevail in the law’s approach to commercial contracts? Should contracts between businessmen be considered a field of freedom of contract, so that, subject only to fraud and coercion, they should be allowed to make legally enforceable contracts with whatever content they choose? Do efficiency-based arguments support such freedom of contract? Are there valid political reasons to limit freedom of contract? Should the law be concerned with fairness? Should the law be concerned with externalities? Is any interference with freedom of contract in commercial contracts an example of unjustified paternalism?
|Book Name||Commercial Law|
|Author of Book||London School of Economics|
Overview of Commercial Law Pdf FreeConsider Union Eagle Ltd v Golden Achievement Ltd  2 All ER 215, PC (BBF 590). In this case, the appellant entered into a written contract to purchase a flat in Hong Kong for HK$4.2 million, paying a 10% deposit. The contract stated that completion (i.e., payment of the balance of the price) must take place before 5:00 p.m. on 9/30/91, that “time was of the essence in all respects,” and that if the buyer did not comply with any of the terms of the contract, the deposit was forfeited ‘as and for damages (and not as a penalty).’ A courier carrying the payment was 10 minutes late at the seller’s attorney’s office, the payment was refused, and the seller intended to terminate the contract and keep the deposit. The buyer sought specific compliance but was unsuccessful and appealed to the Privy Council. Consider the following questions:
Topics of this EditionTopic 1 Introduction, Freedom of Contract, and Contract Formation
Topic 2 Pre-contractual duties and the duty of good faith
Topic 3 Express Terms, Implied Terms, and Interpretation
Topic 4 Commercial Contracts and Commercial Circumstances: Mistakes, Frustration and
Topic 5 Remedies for Breach of ContractTopic 6 Exclusion Clauses and Agreed Remedies
Topic 7 Multi-Party Projects: privity of contract and the rights of third parties
Topic 8 Commercial Dispute Resolution and International Commercial Contracts
Topic 9 Financial law (1): Introduction and Debt Finance
Topic 10 Financial Law (2): Credit and Secured Finance
Topic 11 Sale of Goods (1): Implied Terms & Damages for Defective Goods
Topic 12 Sales of Goods (2): Termination and Acceptance.
About the AuthorLondon School of Economics
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