Undergraduate Course: Commercial Leases (LAWS10177)
Course Outline
| School | School of Law |
College | College of Humanities and Social Science |
| Course type | Standard |
Availability | Available to all students |
| Credit level (Normal year taken) | SCQF Level 10 (Year 3 Undergraduate) |
Credits | 20 |
| Home subject area | Law |
Other subject area | None |
| Course website |
None |
Taught in Gaelic? | No |
| Course description | This course aims to consider fundamental concepts in the law of commercial leases in Scots law. The course will explore both the common law of commercial leases and the main provisions encountered in commercial lease documents.
In teaching the course use will be made of a style commercial lease. This will allow reflection on the difficulties and limitations of the common law of leases and gain an understanding of how the landlord and tenant relationship is regulated by the lease agreement entered into between the parties.
Important provisions of commercial leases will be considered in their historic and commercial contexts. The course will examine how these provisions have been developed by the courts. Remedies available to the landlord and tenant will be discussed. Current problems encountered in the law of leases will also be explored.
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Information for Visiting Students
| Pre-requisites | None |
| Displayed in Visiting Students Prospectus? | No |
Course Delivery Information
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| Delivery period: 2014/15 Semester 2, Available to all students (SV1)
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Learn enabled: No |
Quota: 25 |
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Web Timetable |
Web Timetable |
| Course Start Date |
12/01/2015 |
| Breakdown of Learning and Teaching activities (Further Info) |
Please contact the School directly for a breakdown of Learning and Teaching Activities |
| Additional Notes |
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| Breakdown of Assessment Methods (Further Info) |
Written Exam
0 %,
Coursework
100 %,
Practical Exam
0 %
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| No Exam Information |
Learning Outcomes
On completion of this course, the student will be able to:
1. Knowledge and Sources of Law
By the end of this course students should be able to:
a) demonstrate an in depth understanding of the concepts that apply to the landlord / tenant relationship and the fundamental factors that shape this relationship
b) demonstrate a critical understanding of important aspects of the law of leases
c) critically analyse and evaluate rights and remedies available to both landlord and tenant under the lease.
2. Subject-specific Skills
By the end of this course students should be able to:
a) critically analyse source materials and use them to present a structured argument
b) be able to plan and draft a piece of independent research
c) develop their ability to analyse and apply current case law and scholarship to problems and to suggest possible solutions.
3. General Transferable Intellectual Skills
By the end of the course the students will:
a) develop the ability to assemble information derived from a number of different sources, distinguish the relevant from the irrelevant, and create a coherent synthesis
b) acquire the essential legal research skills necessary to produce structured legal documents
c) be able to make a reasoned choice between rival positions on legal questions.
4. Key Personal Skills:
By the end of the course the students will:
a) develop their ability to work independently under fixed deadlines
b) participate effectively in seminars and discussions
c) develop their capacity for reflecting on the outcomes of individual research with a view to identifying strengths and weaknesses and furthering their own learning
d) develop their ability to present the outcome of independent research in a clear written and oral form.
5. Subject-specific Legal and Ethical Values:
a) Inequality of bargaining power, whether it should be addressed and, if so, how this should be addressed and by whom
b) Whether Scots law should continue to adopt a laissez faire approach to commercial leases and if not what intervention is required.
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Assessment Information
60% take home essay of 4,000 words excluding footnotes and bibliography
25% assessed element: this component of assessment may consist of a presentation in class, a blog entry, or a case analysis, as selected by the course organiser. The assessment technique selected will be indicated in the course guide.
15% class participation. |
Special Arrangements
| None |
Additional Information
| Academic description |
Not entered |
| Syllabus |
Indicative teaching programme
1. Introduction to leases and the history and commercial background to commercial leasing in Scotland
2. The tenant¿s monetary obligations ¿ rent and service charge
3. Rent Review
4. The condition of the property and repairing obligations I
5. The condition of the property and repairing obligations II
6. Keep open clauses and remedies for breach of the lease I
7. Remedies for breach of the lease II
8. Transfer of the property by the landlord and assignation and subletting by the tenant
9. Termination of the lease
10. Guarantors and co-obligants
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| Transferable skills |
Not entered |
| Reading list |
Not entered |
| Study Abroad |
Not entered |
| Study Pattern |
One 2 hour seminar per week |
| Keywords | Not entered |
Contacts
| Course organiser | Ms Laura Macgregor
Tel: (0131 6)50 2034
Email: L.Macgregor@ed.ac.uk |
Course secretary | Mrs Susan Leask
Tel: (0131 6)50 2344
Email: susan.leask@ed.ac.uk |
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