General Information
International Contracts is an elective subject in postgraduate programs offered by the Faculty of Law in which undergraduate students may be permitted to enrol. This subject deals with problems in the drafting and enforcement of contracts involving two or more legal systems, with reference to international conventions. A range of current topics will be covered, for example, standardisation of terms, title retention, choice of governing law, choice of forum, joint venture contracts, agency contracts, and distribution contracts. Relevant aspects of dispute resolution will also be considered. International Contracts is taught in a comparative and practical manner, and should be of interest to Australian students intending to work internationally, but also helpful for international students who want to understand Australian law in its international context.
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Details
Academic unit: Faculty of Law Subject code: LAWS17-745 Subject title: International Contracts Subject level: Undergraduate Semester/Year: September 2017 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Intensive Workload items: - Seminar: x1 (Total hours: 4) - Seminar 1
- Seminar: x1 (Total hours: 4) - Seminar 2
- Seminar: x1 (Total hours: 4) - Seminar 3
- Seminar: x1 (Total hours: 4) - Seminar 4
- Seminar: x1 (Total hours: 4) - Seminar 5
- Seminar: x1 (Total hours: 4) - Seminar 6
- Personal Study Hours: x12 (Total hours: 96) - Recommended Study Hours
Attendance and learning activities: -
Resources
Prescribed resources: Books
- John Mo (2015). International Commercial Law, 6th Edition. 6th, Lexisnexis
iLearn@Bond & Email: iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS17-745 |
| Subject title: | International Contracts |
| Subject level: | Undergraduate |
| Semester/Year: | September 2017 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Intensive |
| Workload items: |
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| Attendance and learning activities: |
| Prescribed resources: | Books
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|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
Enrolment requirements
| Requisites: |
Pre-requisites:Co-requisites:There are no co-requisites |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge. Admission into a Bachelor law degree OR Bachelor of Laws combined degree AND have completed a minimum 120 Credit Points of LAWS subjects AND have a minimum average of 65% in LAWS subjects OR approved Study Abroad or Exchange law student Anti-requisite-LAWS17-742 - International Contracts |
| Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Develop an awareness of national variations in apparently common legal concepts and attitudes to the law.
- Demonstrate how these variations are brought together in particular transactions to identify the 'common core' of contract law and an expanding international law of contracts.
- Consider the central role of contract in international trade.
- Experience negotiation across legal systems and how working as a team can produce optimal results.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
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Assessment details
Type Task % Timing* Outcomes assessed *Online Quiz^ Review of pre-reading for subject, as preparation for intensive classes 10.00% Week 1 1,2,3 Essay§^ Drafting a set of documents relating to an international contract including: Agreed facts and heads of agreement 15.00% Week 3 1,2,3,4 *Class Participation^ In-class presentation of a case 10.00% Week 3 1,2,3 Essay^ Drafting a set of documents relating to an international contract including: Draft clauses 20.00% Week 5 1,2,3 Essay^ Drafting an explanatory commentary 45.00% Week 8 1,2,3 - ^ Students must pass this assessment to pass the subject
- § Indicates group/teamwork-based assessment
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
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Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| *Online Quiz^ | Review of pre-reading for subject, as preparation for intensive classes | 10.00% | Week 1 | 1,2,3 |
| Essay§^ | Drafting a set of documents relating to an international contract including: Agreed facts and heads of agreement | 15.00% | Week 3 | 1,2,3,4 |
| *Class Participation^ | In-class presentation of a case | 10.00% | Week 3 | 1,2,3 |
| Essay^ | Drafting a set of documents relating to an international contract including: Draft clauses | 20.00% | Week 5 | 1,2,3 |
| Essay^ | Drafting an explanatory commentary | 45.00% | Week 8 | 1,2,3 |
- ^ Students must pass this assessment to pass the subject
- § Indicates group/teamwork-based assessment
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
| High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
|---|---|---|
| Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
| Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
| Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
| Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Bond University utilises Originality Reporting software to inform academic integrity.Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
Subject curriculum
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Module 01
Role of contract in international trade and commerce
Conventions and laws
General survey of sources and issues Limits of party autonomy, jurisdiction and enforcement Contract negotiation, statement of facts and HOA.
SLOs included
- Develop an awareness of national variations in apparently common legal concepts and attitudes to the law.
- Demonstrate how these variations are brought together in particular transactions to identify the 'common core' of contract law and an expanding international law of contracts.
- Consider the central role of contract in international trade.
- Experience negotiation across legal systems and how working as a team can produce optimal results.
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Modules 02-03
Key contract provisions, description of goods, payment, carriage, delivery, title etc
Examination of key contract provisions Contract negotiation, statement of facts and HOA.
SLOs included
- Develop an awareness of national variations in apparently common legal concepts and attitudes to the law.
- Demonstrate how these variations are brought together in particular transactions to identify the 'common core' of contract law and an expanding international law of contracts.
- Consider the central role of contract in international trade.
- Experience negotiation across legal systems and how working as a team can produce optimal results.
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Modules 04-05
Long term contracts
Financing International contracts
CISG
Particular nuances and issues including changed circumstances Use of contract and other provisions as security Scope, structure and concepts of the UN Convention on the International Sale of Goods.
SLOs included
- Develop an awareness of national variations in apparently common legal concepts and attitudes to the law.
- Demonstrate how these variations are brought together in particular transactions to identify the 'common core' of contract law and an expanding international law of contracts.
- Consider the central role of contract in international trade.
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Module 06
Dispute Resolution
Drafting for what could go wrong Arbitration and mediation requirements Enforcement issues.
SLOs included
- Develop an awareness of national variations in apparently common legal concepts and attitudes to the law.
- Demonstrate how these variations are brought together in particular transactions to identify the 'common core' of contract law and an expanding international law of contracts.
- Consider the central role of contract in international trade.