The interaction between statute and case law is central to the course which aims to equip the student to analyse and solve company law problems which arise in practice. This course examines the law relevant to a broad series of contemporary commercial transactions. The main topics examined in detail are sale of goods and product liability, credit and security, and competition law of the European Community. The general aim of the course is to impart a critical analytical understanding of the general principles of commercial law, with emphasis on their application to particular transactions. The aim is not to teach the minutiae of case law or statute law but rather to convey an understanding of the evolving dynamic of the subject.
Commercial law involves a process of balance between various conflicting goals.
In other words, there are a number of competing interests that have to be accommodated. The method of accommodation will be discussed across the various subject areas. These competing interests include the autonomy of the parties and equitable relief, predictability versus flexibility, facilitation of the free movement of goods and services versus principles of good faith, the protection of contractual rights versus the interests of innocent third parties. This course provides a rigorous examination of corporate financing and investment decisions. The course is in two parts.