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Semester 2

Commercial Leases (LAWS10177)

Subject

Law

College

CAHSS

Credits

20

Normal Year Taken

3

Delivery Session Year

2023/2024

Pre-requisites

Visiting students must have completed 3 Law courses at grade B or above, including courses equivalent to Contract & Unjustified Enrichment (LAWS08127) and Property Law Ordinary (LAWS08133). We will only consider University/College level courses. This course is only open to visiting students who are nominated to study with us on a Law exchange agreement. Exchange students outside of Law and study abroad students are not eligible to enrol on this course before teaching begins, with no exceptions, and spaces cannot be guaranteed to those students at any time. **Please see Additional Restrictions**

Course Summary

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. The course also allows students to consider the law of contract as it applies to the lease agreement between landlord and tenant.

Course Description

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.

Assessment Information

Written Exam 0%, Coursework 100%, Practical Exam 0%

Additional Restrictions

This course cannot be taken alongside Contract & Unjustified Enrichment (LAWS08127) or Property Law Ordinary (LAWS08133). **All 3rd year Law courses are ONLY open to visiting students nominated on an exchange agreement within the School of Law (including Erasmus students on a Law-specific exchange). Exchange students outside of Law, and independent study abroad students, are not eligible to enrol in these courses, with no exceptions.** Please note that 3rd year Law courses are high-demand, meaning that they have a very high number of students wishing to enrol in a very limited number of spaces. These enrolments are managed strictly by the CAHSS Visiting Student Office, in line with the quotas allocated by the department, and all enquiries to enrol in these courses must be made through the CAHSS Visiting Student Office. It is not appropriate for students to contact the Law School directly to request additional spaces. If there is sufficient space for other visiting students to enrol at the start of the semester (which cannot be guaranteed at all), visiting students must meet the pre-requisites listed above.

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