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Global Commercial Contract Law (LAWS70389)
Graduate coursework level 7Points: 12.5Online
To learn more, visit 2023 Course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
February
Lecturer
Professor Stefan Vogenauer (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | February - Online |
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Fees | Look up fees |
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: 31 January 2024
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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Class participation | Throughout the teaching period | 10% |
Take-home examination
| 28 April - 1 May 2023 | 90% |
Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/A |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- February - Online
Principal coordinator Stefan Vogenauer Mode of delivery Online Contact hours Total time commitment 150 hours Pre teaching start date 30 January 2023 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 27 February 2023 to 3 March 2023 Last self-enrol date 3 February 2023 Census date 28 February 2023 Last date to withdraw without fail 31 March 2023 Assessment period ends 1 May 2023 February contact information
Lecturer
Professor Stefan Vogenauer (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- 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-masters@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: 31 January 2024