Last modified: 05 Aug 2021 13:04
This course focuses on the legal challenges which may arise in connection with a contract of sale of goods when the buyer and the seller of the goods are each located in different jurisdictions. The course considers the definition and sources of international sale of goods law and the legal issues arising for the buyer and for the seller in an international sale of goods transaction. The course examines the issues arising in relation to transactions to which the Convention on International Sale of Goods may apply.
| Study Type | Postgraduate | Level | 5 |
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| Term | First Term | Credit Points | 15 credits (7.5 ECTS credits) |
| Campus | Aberdeen | Sustained Study | No |
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The course examines legal issues arising in relation to transactions governed by the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG). The CISG at the moment counts more than 90 parties, and it is one of the most successful conventions in this field.
The contract of sale is the backbone of international trade, and the CISG was drafted with the aim of applying directly to international transactions, without any recourse to private international law rules. As such, the CISG is a result of a compromise between common law and civil law jurisdictions, and it was envisioned to provide legal certainty and predictability in this field of international law. To fulfil its purpose, the CISG is not only a legal instrument that contains substantive legal provisions that are directly applicable to international transactions, but it also contains a mechanism for uniform and international interpretation of the convention. For these reasons, it is crucial for every lawyer who is working or considers working in international trade to become acquainted with the CISG and its scope of application, substantive matters and the rules for interpretation.
This course acknowledges the importance of sale in international trade and it is designed in a way to address six main substantive topics under the CISG. These topics are:
• The application of the CISG, including the analysis of the governance of digital content under the CISG,
• Interpretation of the CISG,
• Formation of contracts under the CISG,
• Obligations of the buyer and the seller governed by the CISG,
• Non-conformity under the CISG,
• Breach, avoidance and exemption under the CISG.
The teaching pattern is comprised of recorded lectures and tutorials at which complex scenarios are discussed and resolved under the CISG. The literature includes the essential commentaries on the convention and relevant case law from different jurisdictions.
| Assessment Type | Summative | Weighting | 100 | |
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| Assessment Weeks | Feedback Weeks | |||
| Feedback |
Students will be provided with feedback following each element of assessment. As well as short videos explaining the marking and assessment criteria. |
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There are no assessments for this course.
| Assessment Type | Summative | Weighting | ||
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| Assessment Weeks | Feedback Weeks | |||
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| Knowledge Level | Thinking Skill | Outcome |
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| Knowledge Level | Thinking Skill | Outcome |
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| Factual | Remember | ILO’s for this course are available in the course guide. |
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