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LS4011: LAW OF SALES HONOURS (2022-2023)

Last modified: 31 Oct 2022 13:11


Course Overview

This course examines the law of sales in both a Scottish and international context. Seminar topics will give students a good working knowledge of issues that occur when a difficulty arises (e.g., non-conformity of goods, passing of risk, damages, exemption, avoidance) and the role of important European law as well as international treaties and conventions. 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.   

Course Details

Study Type Undergraduate Level 4
Session First Sub Session Credit Points 25 credits (12.5 ECTS credits)
Campus Aberdeen Sustained Study No
Co-ordinators
  • Dr Patricia Zivkovic

Qualification Prerequisites

  • One of Programme Level 3 or Programme Level 4 or Programme Level 5

What courses & programmes must have been taken before this course?

What other courses must be taken with this course?

None.

What courses cannot be taken with this course?

Are there a limited number of places available?

Yes

One or more of these courses have a limited number of places. Priority access will be given to students for whom this course is compulsory. Please refer to the Frequently Asked Questions for more details on this process.


Course Description

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.


Details for second half-session courses, including assessments, may be subject to change until 23 December 2022.

Contact Teaching Time

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

Teaching Breakdown

  • 1 Seminar during University weeks 9 - 10, 12, 14, 16, 18

More Information about Week Numbers


Details for second half-session courses, including assessments, may be subject to change until 23 December 2022.

Summative Assessments

Essay

Assessment Type Summative Weighting 40
Assessment Weeks Feedback Weeks

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Feedback Word Count 2000
Learning Outcomes
Knowledge LevelThinking SkillOutcome
Sorry, we don't have this information available just now. Please check the course guide on MyAberdeen or with the Course Coordinator

Essay

Assessment Type Summative Weighting 60
Assessment Weeks Feedback Weeks

Look up Week Numbers

Feedback Word Count 2500
Learning Outcomes
Knowledge LevelThinking SkillOutcome
Sorry, we don't have this information available just now. Please check the course guide on MyAberdeen or with the Course Coordinator

Formative Assessment

There are no assessments for this course.

Resit Assessments

Resit failed element in same format

Assessment Type Summative Weighting
Assessment Weeks Feedback Weeks

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Feedback

(if due to extenuating circumstances)

Learning Outcomes
Knowledge LevelThinking SkillOutcome
Sorry, we don't have this information available just now. Please check the course guide on MyAberdeen or with the Course Coordinator

Course Learning Outcomes

Knowledge LevelThinking SkillOutcome
FactualRememberILO’s for this course are available in the course guide.

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