LS4011: LAW OF SALES HONOURS (2022-2023)

The contract of sale is the backbone of international trade. This course examines the law of sale in both a Scottish and international context. A comparative approach to teaching is adopted by discussing in depth several substantive topics concerning the contract of sale under Scots law and the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG). The CISG at the moment has more than 90 parties, and it is one of the most successful conventions in this field. It was drafted with a view to being applied directly to international transactions, without any recourse to private international law rules. As such, the CISG is the 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. The Scots law of sale has been similarly eclectic, having been shaped by civilian influences, English law (e.g. Sale of Goods Act 1979) and the domestic implementation of EU law (e.g. Consumer Rights Act 2015).  

This course acknowledges the importance of sale in domestic and international trade, and it is designed to address several essential topics under Scots law and the CISG. These topics are:

- The application of the CISG, including the analysis of the governance of digital content under the CISG,

- Formation of contracts under Scots law and under the CISG,

- Non-conformity and other breaches under Scots law and the CISG,

- Avoidance, remedies, and exemption from the performance of sales contracts under Scots law and the CISG.

The teaching pattern comprises recorded lectures and seminars at which different scenarios and theoretical aspects of these two legal systems/instruments are discussed. The precise focus of the course varies from year to year and depending on the teaching staff involved there may be a greater or lesser focus on Scots law, and in some instances the students will be asked to analyse and compare the legal solutions in English law as well. The last seminar in the course is based on the legal issues posed in this year’s problem for the Willem C Vis International Arbitration Moot competition, the biggest global competition for law students in the field of international commercial law. The course provides students with a good working knowledge of issues which occur when a difficulty arises concerning contracts of sale and it covers both theoretical and practical aspects.

Information on contact teaching time is available from the course guide.

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There are no assessments for this course.