SXL-4008 LLM International Sales Law
Run by School of History, Law and Social Sciences
20.000 Credits or 10.000 ECTS Credits
Organiser: Prof Zhen Jing
Overall aims and purpose
The purpose of the module is to critically examine the statutes and case law governing international sale transaction. The module will concentrate on the critical analysis of the contractual parties’ obligations under traditional trade terms such CIF and FOB and Incoterms and International Conventions. The module will also enable students to identify the role, rights and duties of agents in the creation of international sale contracts. The module also aims to develop the postgraduate skills of independent learning and critical examination, analysis and evaluation of international sales law and provide an opportunity to develop advanced research skills and encourage independent and original thought.
International Sales Law is concerned with the law of sale of goods of a cross-border kind. The main focus of the course is to examine the legal relationship between parties who sell and buy goods from each other. The course will commence with a brief introduction to the international sales law. The Sale of Goods Act 1979 and its relevance to international sale contracts will be examined, in particular implied terms and the passing of risk and property. The International Conventions relating to international transactions will be examined as well. The various sales contracts under Incoterms and case law, i.e. CIF, FOB are to be examined, with particular focus on flexibility of FOB contracts and the importance of documents in CIF contracts under common law. Agents play an important role in international sale of goods so an outline of the roles of agents and their impact on international sale are also considered.
C- to C+ (50-59%) · Demonstrate knowledge of key areas/principles. · Have some, if only limited, evidence of background study. · Be focussed on the question with only some irrelevant material and weaknesses in structure. · Attempt to present relevant and logical arguments. · Not contain a large number of factual errors. · Describe major links between topics. · Attempt to analyse and/or explain problems. · Be free of major weaknesses in presentation and accuracy.
B- to B+ (60-69%) · Demonstrate strong knowledge and understanding of most of the subject area. · Demonstrate evidence of background study. · Be well structured and focused. · Contain coherently presented arguments. · Be mostly free of factual errors. · Include some elements of original interpretation. · Describe well known links between topics. · Analyse and/or explain problems using existing methods/approaches. · Be presented to high standards with accurate communication.
A- to A* (70%+) · Demonstrate comprehensive knowledge and detailed understanding of the subject area. · Demonstrate extensive background study. · Be well structured and highly focused. · Contain logically presented and defended arguments. · Be free of factual/computational errors. · Include significant elements of original interpretation. · Demonstrate an ability to identify, develop and present new links between topics. · Include new approaches to analysing and/or explaining a problem. · Be presented to very high standards with very accurate communication.
- List item
Critically analyse the advantages and disadvantages of the different sales contracts available to an exporter/importer of goods and be able to apply these to factual scenarios.
Demonstrate an advanced understanding of the function of the letter of credit, the roles of the different types of letter of credit and the relevant doctrines relating to the letter of credit.
Demonstrate an advanced understanding of the role of agents in international trade contracts.
Critically evaluate and argue alternative approaches to the topics.
Identify contradictions in the knowledge base and show how these can be resolved.
Formulate, investigate and refine suggestions for the development and/or reform of the existing law.
Analyse and apply the Sale of Goods Act, International Convention and relevant case law and international standard terms (Incoterms) in the context of international sale contracts.
Apply the general principles and rules to solve real problems an exporter/importer may face in an international sale
Teaching and Learning Strategy
The module requires students to undertake private study in order to prepare for seminars and assessments.
The module will consist of 11 x 2 hour seminars. Each lecture will be a preparatory introduction to the related seminar. For each seminar students are required to prepare in advance and to look at essential reading together with preparation of problem questions, for which they will be expected to prepare outline answers which will enable them to participate in discussion of the questions in the seminars. The course will be taught by a combination of lectures and Socratic methods, with students required to consider hypothetical scenarios related to the seminar material. This will require advance preparation based on selected reading materials and legislations. This will provide students with the critical skills needed to assess the strengths and weakness of the legal regimes under examination.
- Literacy - Proficiency in reading and writing through a variety of media
- Computer Literacy - Proficiency in using a varied range of computer software
- Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
- Exploring - Able to investigate, research and consider alternatives
- Information retrieval - Able to access different and multiple sources of information
- Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
- Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
- Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
- Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
- Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
Subject specific skills
- demonstrate the ability to work with others in a team to achieve reasoned, critical, comparative perspectives upon legal questions.
- present reasoned, critical, comparative responses to the views of others on legal subjects within a Welsh, United Kingdom, European and/or global context;
- present to others from a specialist or non-specialist background, reasoned, critical, comparative presentations relating to legal subjects within a Welsh, United Kingdom, European and/or global context;
- write sustained critical expositions of the legal subjects studied in International, Commercial and Business Law and present the findings clearly, logically and coherently;
Talis Reading listhttp://readinglists.bangor.ac.uk/modules/sxl-4008.html
- Chuah, Law of International Trade.
- Filippo Lorenzon, CIF and FOB Contracts.
- Goode, Commercial Law.
- Schmitthoff’s Export Trade.
- Carr, International Trade Law.
Courses including this module
Compulsory in courses:
- M1AF: LLM International Commercial and Business Law year 1 (LLM/ICBL)