Last modified: 22 Jul 2026 13:41
This course examines the law of sales in both a Scottish and an 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 the United Nations Convention on Contracts for the International Sale of Goods (1980). 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; in some instances, students will be asked to analyse and compare the legal solutions in English law as well.
| Study Type | Undergraduate | Level | 4 |
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| Term | First Term | Credit Points | 25 credits (12.5 ECTS credits) |
| Campus | Aberdeen | Sustained Study | No |
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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.
The contract of sale is the backbone of international trade. This course examines the law of sale in both Scottish and international contexts. 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 currently has more than 90 parties and is one of the most successful conventions in this field. It was drafted to apply directly to international transactions, without recourse to rules of private international law. 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 sales 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 and the scope of the CISG,
- Formation of contracts under Scots law and the CISG,
- Non-conformity and other breaches under Scots law and the CISG,
- The governance of digital content 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 seminars at which different scenarios and theoretical aspects of these two legal systems/instruments are discussed. The course will include a brief session dedicated to teaching students how to search for and cite CISG cases, as this will likely be their first exposure to these resources. 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 focuses on the legal issues posed by this year’s problem for the Willem C Vis International Arbitration Moot competition, the largest global competition for law students in international commercial law. The course provides students with a good working knowledge of issues that occur when difficulties arise concerning contracts of sale, and it covers both theoretical and practical aspects.
Information on contact teaching time is available from the course guide.
| Assessment Type | Summative | Weighting | 70 | |
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| Assessment Weeks | Feedback Weeks | |||
| Feedback |
3-hour online exam worth 70% of the overall grade. |
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| Assessment Type | Summative | Weighting | 30 | |
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| Assessment Weeks | Feedback Weeks | |||
| Feedback |
2,000-word essay worth 30% of the overall grade. |
Word Count | 2000 | |
| Knowledge Level | Thinking Skill | Outcome |
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There are no assessments for this course.
| Assessment Type | Summative | Weighting | ||
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| Assessment Weeks | Feedback Weeks | |||
| Feedback |
Where an assessment element is failed, a re-sit of the same element is required, and the grade will be capped at D3/RP (9). |
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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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