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COMMERCIAL LAW

WORD LIMIT: 2500 

In this assignment you are expected to give evidence of extensive research + case law.

ASSIGNMENT QUESTION:

TASK 1

By referring to case law and examples, critically discuss the duty of the seller to deliver goods under section 27 of the Sale of Goods Act 1979.

Weighting: 50 %

TASK 2

By referring to relevant legislation and case law, critically discuss what requirements must be fulfilled if a person is to qualify as a “holder in due course”.

Weighting: 50 %

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KEY POINTS

TASK 1

S.27 of SOGA – duties of seller and buyer

What is delivery? – S.61(1). May refer also S.20A & S.20B

S.29 of SOGA – provides further details about delivery. (book of commercial law)

Actual delivery…

Constructive delivery…here a series of cases exist (UK)… (reasonable time etc)

…then refer to some examples and case law about the rules on delivery in S.29.

Discuss possible situations where the buyer may not want to accept late delivery or may want to sue for damages.

Refer to warranties, conditions and implied terms

S.11

For TASK 2

BILL OF EXCHANGE ACT 1882

S.29

Discuss cases.

Assessment criteria:

  • Knowledge and understanding of relevant legal principles
  • Structure
  • Analysis and application of law
  • Use of sources and academic conventions
  • Clarity of expression (grammar, spelling, punctuation)

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