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International Sale of Goods (LAWS70069)
Graduate coursework level 7Points: 12.5Not available in 2018
Overview
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This subject is at its core is an advanced common law treatment of international trade law dealing with the import and export of goods by sea. Apart from CIF, FOB and related matters, it deals with bankers’ letters of credit financing such sales. Approximately 20 per cent of the course is also dedicated to the United Nations Convention on the International Sale of Goods 1980, with emphasis on the differences between this instrument and the common law approach. This subject deals with the international sale of goods, primarily with respect to the sale of commodities, where the interplay between sale as a commercial activity and sale as a speculative instrument can most acutely be observed. Uniformity is an important theme is this subject, whether it is based upon the choice of a standard form contract and the same applicable national law, or the uniformity that is manifest in the national law of the United Nations Convention on the International Sale of Goods 1980.
Principal topics include:
- The passing of title to, and risk in, the goods
- Allocation of responsibility for arranging carriage and insurance
- The relationship between the carriage and insurance contracts and the sale contract
- Export and import licences
- Bills of lading and the network of contracts that work to effect international sales
- How and when payment is to be made for the goods
- The International Chamber of Commerce Incoterms 2010
- The application and content of the UN Convention on the International Sales of Goods (CISG)
- Non-conformity of goods and the buyer’s remedies
- Documentary letters of credit and documentary collection
- Uniform Customs and Practice for Documentary Credits 2007 (UCP 600).
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced understanding of issues that should be addressed in a contract for the international sale of goods
- Be able critically to examine, analyse, interpret and assess the relevant law
- Have an advanced and informed contextual understanding of international trading in commodities and a sophisticated appreciation of the subject
- Have the communication skills to present complex legal information
- Understand in a detailed and sophisticated way the importance of integrated contracts within a commercial network of contracts
- Understand in an autonomous and critical way the letter of credit payment system
- Have the cognitive and technical skills to understand the significance of harmonised and uniform law
- Possess a deep awareness of the distinctive character of such law outside the identity of conventional national law.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Take-home examination (100%)
or - 10,000 word research paper (100%) on a topic approved by the subject coordinator
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2018
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022