International Sale of Goods Law (8894.2)
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|Faculty Of Business, Government & Law
|Canberra Law School
|Level 3 - Undergraduate Advanced Unit
| Band 4 2021 (Commenced After 1 Jan 2021)
Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905)
Band 5 2021 (Commenced Before 1 Jan 2021)
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 outcomesOn 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 attributes1. 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
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.
PrerequisitesCompletion of 24 credit points AND
6602 Legal Systems AND
6594 Contract Law
CorequisitesEnrolment in a Law degree.
Assumed knowledgeBasic understanding of legal systems and commercial contracts.
|Teaching start date
Textbook: Peter Huber & Alastair Mullis, The CISG: A New Textbook for Students and Practitioners (Sellier, 2007) – e-book available on Moodle.
Further required and/or recommended readings will be indicated for each class on the unit Moodle site, and handouts will be distributed for the in-class activities
Submission of assessment items
Extensions & Late submissions
Detailed assessment instructions are available on Moodle
Special assessment requirements
In this unit students must obtain a total score of at least 50/100 overall, and all assessments have to be performed in order to pass the unit. If any of the assignments is not completed, an NC (Non-complete) will be processed as the unit result for that student.
Students have a responsibility to uphold University standards on ethical scholarship. Good scholarship involves building on the work of others and use of others' work must be acknowledged with proper attribution made. Cheating, plagiarism, and falsification of data are dishonest practices that contravene academic values. Refer to the University's Student Charter for more information.
To enhance understanding of academic integrity, all students are expected to complete the Academic Integrity Module (AIM) at least once during their course of study. You can access this module within UCLearn (Canvas) through the 'Academic Integrity and Avoiding Plagiarism' link in the Study Help site.
Use of Text-Matching Software
The University of Canberra uses text-matching software to help students and staff reduce plagiarism and improve understanding of academic integrity. The software matches submitted text in student assignments against material from various sources: the internet, published books and journals, and previously submitted student texts.
All class activities and most individual assessment items will be based on a continuous hypothetical case scenario, providing a real-life-like environment in which the students will provide advice to an imaginary client in different phases and on different issues of an international sales deal. In most cases the students will have to identify the legal issues from the facts provided by the client, and research cases and secondary sources analysing those issues.
This unit will be delivered thourgh face-to-face seminar-type classes on campus. Due to the teaching methods used and the assessable active participation requirement, everyone is expected to attend classes.
This is an intensive unit and preparation for each class is a must, to actively engage in the interactive learning exercises.
Required IT skills
No special IT skills are expected, but the ability to undertake electronic research and to prepare electronic written assignments are necessary, as well as the ability to use Moodle.
Work placement, internships or practicums
The unit does not involve work placement, internship or practicum.
However, this is a practice-oriented unit providing students with an opportunity to apply the theoretical principles learned through practical hands-on experience. Statutory analysis, research, oral and written advocacy skills that are vital in the legal profession also receive great emphasis in this unit.