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This subject provides an introduction to the global law relating to international commercial contracts. A major focus will be on contracts of sales, as codified by the Vienna Convention on the International Sale of Goods (CISG). However, some issues of the general law of contract will also be covered in detail (eg formation, interpretation, third party rights, the duty of good faith and fair dealing). The treatment of some of these topics will be based on an examination of the 2016 UNIDROIT Principles of International Commercial Contracts (PICC). The approach is comparative. Examples will be drawn from the decisions of national courts as well as arbitral awards.
Principal topics include:
- Global commercial contracts
- Applicability and application of the CISG and the PICC
- Interpretation and supplementation of the CISG and the PICC
- Contract formation
- Interpretation of international commercial contracts
- Third party rights
- Obligations of sellers and buyers
- Contractual remedies
- Good faith and fair dealing
- Transnational commercial dispute resolution.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of transnational commercial law and the specific legal problems that arise from international commercial transactions
- Have an advanced understanding of the Vienna Convention on the International Sale of Goods (CISG) and the 2016 UNIDROIT Principles of International Commercial Contracts (PICC)
- Have a sophisticated understanding of the basics of transnational commercial dispute resolution
- Have a sophisticated appreciation of the factors and processes driving the development of transnational commercial law
- Be an engaged participant in debate regarding emerging and contemporary issues in the field of transnational commercial law
- Have the cognitive and technical skills to generate critical and creative ideas relating to transnational commercial law and to evaluate existing legal theories, principles and concepts critically and with creativity and autonomy
- Have the cognitive and technical skills independently to examine, research and analyse existing and emerging legal issues in transnational commercial law
- Have the communication skills to articulate and convey complex information regarding transnational commercial law to relevant specialist and non-specialist audiences.
Last updated: 29 October 2019