Lecture 1

Commercial Law C18CL

Induction and Course Overview

These slides has been cosmetically edited by Dr. May Ng (Msia) for ease
of delivery. The core of the lesson is the same as Edinburgh’s slides.
 Learning Outcomes

In this lecture we will discuss:

•How to succeed in Commercial Law
•Introduce the online resources for the course
•Understand why studying commercial law is
relevant to you
•Introduce the topics we will be studying this
term
 The Teaching Team

Edinburgh
•Dr. Yvonne McLaren Yvonne.McLaren@hw.ac.uk

Dubai
•Dr. Tracie Lea Scott tl40@hw.ac.uk

Malaysia
•Dr. Ng May Yee m.ng@hw.ac.uk
Responsive Blended Learning (RBL)
on Canvas
• If the Teams fail to function as well, you may log-off the session.
• Recording of the class will be made and be posted on Canvas.
• You can watch the recording anytime throughout the semester.
• There is no expiry date for the recording.
Assessment
 Plagiarism

• As per HW rules, disciplinary action will be taken.

• This applies to all forms of assessment.

• Further info can be obtained at – www.hw.ac.uk/registry/

Discipline.php
www. hw.ac.uk/registry/resources/PlagiarismJiscNote.pdf
www.hw.ac.uk/registry/resources/PlagiarismGuide.pdf
 Reading

• G Black et. Al. – “Business Law in Scotland” 2nd edition:

Chapters 1, 2, 4, 9, 10, 15.

• MacNeill, I.G., 2020. Scots Commercial Law, Edinburgh:

Edinburgh University Press. Chapter 2, 4 & 5.

The recommended reading for each part of this module will

be covered in the tutorials, so please do attend.

Online resources
•Canvas
•Discovery
•Other online resources
Books
 Why Commercial Law ?

• Every moment in life has something to do with

law
• To get a job
• To start a business
• To protect one’s interest

Why study Scottish commercial law?

 Course overview

• An Introduction to Scots Law (units 2 & 3)

• Contract Law (units 4 – 7)

• Law of Agency (units 8 & 9)

• Delict (units 10 & 11)

 Topic 1 – The Scottish Legal System

• History of Scots law

• Classification of law

• Sources of Scots law

• The Scottish court system and its participants

 Topic 2 – Contract Law

• Definition of obligations
• Unilateral gratuitous promise
• Formalities Required for a contract
• Elements of a contract
– Agreement (Offer and Acceptance)
– Intention to be Legally bound/Certainty of terms
– Capacity
– Consideration
– Consent
– Legality
• Termination of a contract
 Topic 3 – Agency Law

• Definition
• Capacity
• Constitution (Creation) of Agency
– Express Agreement
– Implied Agreement
• Implied by Conduct
• Implied by Law
• Holding Out
• Ratification
• Necessity
• Categories of Agent
• Authority of an Agent
• Rights and Liabilities of Third Parties
• Termination of Agency
 Topic 4 – Law of Delict

1) Duty of care
2) Breach
3) Causation :
(a) Cause in Fact
(b) Cause in Law
4) Damages
__________________
5) Defences
 How to succeed in
Commercial Law
As such, it is important that you work at the pre-lecture activities, do the readings and
attend and participate in the online lectures and the tutorials. The key resources for this
course are :
1.Pre-lecture activities – these activities will help you to start thinking about the issues
that we will discuss in the lectures and tutorials. As you do these activities thin about any
questions you have and participate in the discussion board as directed.

2.Lectures – there is a lot of substantive law to learn in this course, but don’t let that scare
you! The lectures are designed to drill down to the key legal aspects of a topic and explain
them in clear ways as they apply. Trust me, it is easy to lose the tree for the forest in law,
let us be your guides!

3.Tutorials – tutorials are probably the most important part of the course. In tutorials you
will learn how to answer legal questions (which will be required on the final exam).

In other courses, you may find that independent study of the texts and materials is
sufficient for you to excel. Law, with its unique method, is generally difficult to pick up on
your own. A few hours with a week with your lecturer and tutorial leaders will make sure
that you are on the right path! Very few people that do not attend pass the course!
 How to get from 0 to 10…

• Attend all lectures and tutorials (prepared)

• Ask questions!
• Do the readings
• Ask for help
• Resit is NOT the best option!