Commercial Agency Law: International Perspectives (P02626)

? Credit Points : 20 ? SCQF Level : 11 ? Acronym : LAW-P-P02626

This course will focus on the concept of agency or representation as it is applied in commercial contexts throughout Europe. The course is a comparative course: many of the seminars focus on the manner in which difficult issues are tackled by the national laws of different European Member States, principally France and Germany. The analysis will also take place at a supra-national level, involving the study of the agency provisions of the different international codes, for example, the Principles of European Contract Law or the UNIDROIT Principles of International Commercial Contracts. Early seminars will provide students with an introduction to theoretical analyses of agency law in common law and civilian legal systems. A particular focus will be the problems caused when an agent acts in an unauthorised manner. Although the Commercial Agents Directive (EC Council Directive 86/653 (OJ L 382, 31.12.86, p17)) will be analysed in detail, it should be noted that this course covers more than simply that Directive, analysing agency in many commercial contexts and not simply sale of goods.

? Keywords : Commercial, agency, Europe, International, PECL, UNIDROIT

Entry Requirements

? Pre-requisites : Students must have a pass in contract law at undergraduate level

? Co-requisites : None

? Prohibited combinations : None

? Costs : None

Subject Areas

Home subject area

Law, (School of Law, Schedule F)

Delivery Information

? Normal year taken : Postgraduate

? Delivery Period : Semester 1 (Blocks 1-2)

? Contact Teaching Time : 2 hour(s) per week for 10 weeks

First Class Information

Date	Start	End	Room	Area	Additional Information
23/09/2008	14:00	15:50	Lorimer Room, Old College	Central

All of the following classes

Type	Day	Start	End	Area
Tutorial	Tuesday	14:00	15:50	Central

Summary of Intended Learning Outcomes

At the end of the course students will be able to:
? Discuss the leading theoretical analyses of agency law;
? Assess the different approaches of European countries to the law of agency, and in particular, the approaches to direct and indirect agency;
? Draw their own comparative conclusions on the differences between the civilian and common law approaches to agency law;
? Discuss the challenges to the law of agency presented by the problem of the unauthorised agent;
? Have a working knowledge of the Commercial Agents Directive and be able to assess how effective it has been in achieving the goals pursued in its enactment;
? Assess the terms of the various international and European codes and identify whether the approach of the common law or that of the civil law has been influential in the drafting of those codes;