International Sale of Goods Law (8894.2)

Topics covered include:
1. Introduction to the international sale of goods - diversity of regulations, sources of norms, unification of sales law through legislation and trade usages.
2. Scope and application of the CISG; the role of the UNIDROIT Principles.
3. Definition, formation, interpretation and modification of a contract for the international sale of goods.
4. Obligations of the seller - delivery of goods.
5. Conformity of goods.
6. Obligations of the buyer; examination of conformity and notice of non-conformity.
7. Financing international sales.
8. Passing of the risks; INCOTERMS.
9. Breach of contract - anticipatory, fundamental, partial.
10. Remedies - performance, avoidance, reduction of price, damages.
11. Mitigation of loss, preservation of goods, force majeure.

This unit will be co-taugh with 8895 International Sale of Goods Law PG

Learning outcomes

On completion of this unit, students will be able to:
1. demonstrate an advanced understanding of the nature and relevance of international sales law;

2. demonstrate a solid knowledge base of the main national and international legal provisions, transnational norms and trade usages regulating international sales transactions and have demonstrated the application of that knowledge in solving problems;
3. demonstrate significant understanding of the specific rights and obligations in international sales contracts and of the remedies available in case of breach of such contracts;
4. demonstrate significant understanding of the most commonly used agreements with regard to the transportation of goods and passing of the risks affiliated to such transportation of goods subjected to cross-border sale;
5. construct and interpret viable and appropriate contracts for the international sale of goods and to discover the defects of such imperfect contacts.

Graduate attributes

1. UC graduates are professional - work collaboratively as part of a team, negotiate, and resolve conflict
2. UC graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries

Skills development

The unit aims to offer a basic understanding of international business transactions in general, and an in-depth understanding of international sales transactions in particular, both from a theoretical and from a practice-oriented perspective. 

The Sale of Goods (Vienna Convention) Act is in force since 1986/1987 in all Australian states and territories, serving the purpose of decreasing cross-border legal risks. Accordingly, international sales law is a core subject for those interested in international business relationships, clarifying the role of the national and international legislative provisions regulating international trade, as well as of the transnational regulations, standard terms and trade usages, as well as uniform principles of law, being an essential unit in the curriculum of faculties aiming to offer international business law education.

The practical benefit of this unit to both domestic and international students consists in obtaining theoretical and practical understanding of cross-border sales transactions and their corresponding legal implications, knowledge equally important for private and public legal practice in Australia or abroad. 

Prerequisites

Completion of 24 credit points AND
6602 Legal Systems AND
6594 Contract Law

Corequisites

Enrolment in a Law degree.

Incompatible units

None.

Equivalent units

NO.

Assumed knowledge

Basic understanding of legal systems and commercial contracts.