LW603-7-AU-CO:
International Sale of Goods
2023/24
Essex Law School
Colchester Campus
Autumn
Postgraduate: Level 7
Current
Thursday 05 October 2023
Friday 15 December 2023
15
19 October 2023
Requisites for this module
(none)
(none)
(none)
(none)
LW604
LLM M10212 International Trade Law,
LLM M10224 International Trade Law,
LLM M22112 International Trade and Maritime Law,
LLM M22124 International Trade and Maritime Law,
LLM M221PP International Trade and Maritime Law with Professional Placement
This module explores the law governing export sales transactions. The comparative method is adopted with the emphasis on two 'competing' international regimes namely, the UN Convention on Contracts for the International Sale of Goods (CISG) and the English law on the sale of goods, including the Sale of Goods Act 1979.
We commence with an overview of the comparative method and an examination of the peculiar legal and practical considerations affecting international sale transactions. This overview is undertaken against a backdrop of efforts to harmonise international trade law and practice by bodies such as UNCITRAL, UNIDROIT and the ICC.
We then look at select substantive legal issues such as contract formation, the transfer of property, risk and the remedies available for breach of contract and the regulation of these issues under the different regimes.
We also look at the use of standard forms incorporating typical contract structures such as FOB and CIF. Throughout the module, we will refer to problems arising in international sales practice in order to gain understanding of the broader commercial context of export sales transactions.
In addition to substantive legal knowledge, we will ultimately also be able to debate issues such as the following:
1. Why a major trading nation such as the United Kingdom has not as yet ratified the CISG despite its adoption by more than 80 other states including major industrialised nations and developing states;
2. Why parties in commodity sales transactions often choose English law to govern their international sales contracts;
3. The implications of competing regimes for questions of legal harmonisation;
4. The way forward for other nations still contemplating a possible ratification of the CISG.
1. To familiarise candidates with the comparative method.
2. To identify the peculiar risks of international export transactions and the legal concepts which arise out of and underlie export transactions and specifically the international sale contract
3. To provide a thorough understanding of the legal rights and obligations arising out of an international sale contract
4. To consider standard forms incorporating typical contract structures such as FOB and CIF
5. To provide a thorough understanding of the legal and commercial consequences of a breach of an international sale contract
1. Introduction
- The comparative method
- The concepts of international trade law
- The international sale contract and ancillary contracts e.g. carriage and insurance
- Legal harmonisation
2. Application of the CISG and SGA 1979
3. The key performance obligations of the seller under the CISG and the Sale of Goods Act 1979
4. FOB and CIF contracts – their structure and operation – the use of standard forms – the relationship with financing contracts.
5. Risk, Frustration and the Transfer of Property
6. Breach of Contract and Remedies
7. SGA 1979 v CISG: Should the UK ratify the CISG?
This module will be taught via weekly 2-hour seminars.
The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts or PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the seminars and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your seminars.
The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's
reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Essay (LW603 International Sale of Goods) |
|
100% |
| Coursework |
LW603-7-AU - March Reassessment |
|
0% |
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Dr Durand Cupido, email: d.cupido@essex.ac.uk.
Law Education Office, pgtlawqueries@essex.ac.uk
No
No
Yes
Prof Duncan Sheehan
University of Leeds
Professor
Available via Moodle
Of 18 hours, 18 (100%) hours available to students:
0 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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