Description
International Sales and Transport Law is an elective subject in postgraduate programs offered by the Faculty of Law. This subject provides students with a comprehensive understanding of contract law, sales and transport law and the practical aspects of contract drafting and its pitfalls. Students will study and research core areas of contract, sales and transport law on a comparative basis. Solutions under domestic laws will be juxtaposed with uniform instruments such as the CISG and the UNIDROIT principles.
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Details
Academic unit: Faculty of Law Subject code: LAWS77-580 Subject title: International Sales and Transport Law Subject level: Postgraduate Semester/Year: September 2018 Credit points: 20.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Online Workload items: - Directed Online Activity: x14 (Total hours: 56) - Online Modules
- Personal Study Hours: x14 (Total hours: 184) - Recommended study hours
Attendance and learning activities: This subject is taught online. It has a formal weekly structure, helping students to progress through the course. Weekly chats with the course coordinator take place, and students have assigned activities (including reading, and writing tasks) every week. It has a formal weekly structure, helping students to progress through the course. These activities feed directly into the assessment in this subject, which predominantly takes the form of 'portfolio submission' at the end of semester. Work completed during the semester is refined and submitted as portfolios at the end of semester for formal assessment. -
Resources
Prescribed resources: No Prescribed resources.
After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.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: | LAWS77-580 |
| Subject title: | International Sales and Transport Law |
| Subject level: | Postgraduate |
| Semester/Year: | September 2018 |
| Credit points: | 20.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Online |
| Workload items: |
|
| Attendance and learning activities: | This subject is taught online. It has a formal weekly structure, helping students to progress through the course. Weekly chats with the course coordinator take place, and students have assigned activities (including reading, and writing tasks) every week. It has a formal weekly structure, helping students to progress through the course. These activities feed directly into the assessment in this subject, which predominantly takes the form of 'portfolio submission' at the end of semester. Work completed during the semester is refined and submitted as portfolios at the end of semester for formal assessment. |
| Prescribed resources: | No Prescribed resources. After enrolment, students can check the Books and Tools area in iLearn for the full Resource List. |
|---|---|
| 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: |
Nil |
|---|---|
| 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.
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| 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:
- Negotiate and draft an international sales contract, and evaluate its strengths and weaknesses.
- Reflect on your own skills in working with a team, as well as your negotiation and contract drafting performance.
- Reflect on changes in your own learning style.
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Assessment details
Type Task % Timing* Outcomes assessed Essay Portfolio 2: Select, revise and submit 6 out of the 7 negotiated contract clauses you have drafted and the evaluation of their strengths and weaknesses 40.00% To Be Negotiated 1,2,3 Essay Portfolio 4: Select, revise and submit your five best mini-essays from your own contributions to the subject's discussion boards, your learning diary, and course wiki for assessment (300 words plus references, if applicable, each) 20.00% To Be Negotiated 1,2,3 Essay Portfolio 3: Reflect on your own performance during this subject's team work and the negotiation and drafting process. Submit your written reflection (max 1000 words, no references). 5.00% To Be Negotiated 1,2,3 *Peer Review Portfolio 5: Have your own role in this subject's team work assessed by your co-students (overall average grade of two assessments). Submit their assessment. (Subject to moderation by the course coordinator). 5.00% To Be Negotiated 1,2,3 Essay Portfolio 1: Select, revise and submit the best two of the three papers reviewing specific contract law issues on a comparative basis thatyou have written in week 2, 3, and 8 30.00% To Be Negotiated 1,2,3 - * 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 |
|---|---|---|---|---|
| Essay | Portfolio 2: Select, revise and submit 6 out of the 7 negotiated contract clauses you have drafted and the evaluation of their strengths and weaknesses | 40.00% | To Be Negotiated | 1,2,3 |
| Essay | Portfolio 4: Select, revise and submit your five best mini-essays from your own contributions to the subject's discussion boards, your learning diary, and course wiki for assessment (300 words plus references, if applicable, each) | 20.00% | To Be Negotiated | 1,2,3 |
| Essay | Portfolio 3: Reflect on your own performance during this subject's team work and the negotiation and drafting process. Submit your written reflection (max 1000 words, no references). | 5.00% | To Be Negotiated | 1,2,3 |
| *Peer Review | Portfolio 5: Have your own role in this subject's team work assessed by your co-students (overall average grade of two assessments). Submit their assessment. (Subject to moderation by the course coordinator). | 5.00% | To Be Negotiated | 1,2,3 |
| Essay | Portfolio 1: Select, revise and submit the best two of the three papers reviewing specific contract law issues on a comparative basis thatyou have written in week 2, 3, and 8 | 30.00% | To Be Negotiated | 1,2,3 |
- * 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
Offered every 2nd semester
Subject curriculum
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Module 1: The Applicable Law of an International Contract
This module will discuss and reflect on the question on which law applies to an international contract.
SLOs included
- Negotiate and draft an international sales contract, and evaluate its strengths and weaknesses.
- Reflect on your own skills in working with a team, as well as your negotiation and contract drafting performance.
- Reflect on changes in your own learning style.
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Module 2: Formation of Contract, Standard Terms, E-Commerce
This module deals with the formation of the contract.
SLOs included
- Negotiate and draft an international sales contract, and evaluate its strengths and weaknesses.
- Reflect on your own skills in working with a team, as well as your negotiation and contract drafting performance.
- Reflect on changes in your own learning style.
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Module 3: Interpretation and Gap-filling of Contracts as well as Uniform Instruments
In this Module we will discuss how uniformity in the application and interpretation especially of the UN Convention on the International Sale of Goods can be achieved.
SLOs included
- Negotiate and draft an international sales contract, and evaluate its strengths and weaknesses.
- Reflect on your own skills in working with a team, as well as your negotiation and contract drafting performance.
- Reflect on changes in your own learning style.
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Module 4: Delivery, Basics of Transport Law, Risk of Loss, Incoterms® (Part 1)
Modules 4 and 5 will discuss the legal problems surrounding the transport of goods from the seller to the buyer.
SLOs included
- Negotiate and draft an international sales contract, and evaluate its strengths and weaknesses.
- Reflect on your own skills in working with a team, as well as your negotiation and contract drafting performance.
- Reflect on changes in your own learning style.
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Module 5: Delivery, Basics of Transport Law, Risk of Loss, Incoterms® (Part 2)
Modules 4 and 5 will discuss the problems surrounding the transport of goods from the seller to the buyer.
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Module 6: Conformity of Goods, Examination, and Notice (Part 1)
Modules 6 and 7 will discuss the CISG’s approach to issues of non-conformity, and reflect on the most controversial areas in international trade law.
SLOs included
- Negotiate and draft an international sales contract, and evaluate its strengths and weaknesses.
- Reflect on your own skills in working with a team, as well as your negotiation and contract drafting performance.
- Reflect on changes in your own learning style.
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Module 7: Conformity of Goods, Examination, and Notice (Part 2)
Modules 6 and 7 will discuss the CISG’s approach to issues of non-conformity, and reflect on the most controversial areas in international trade law.
SLOs included
- Negotiate and draft an international sales contract, and evaluate its strengths and weaknesses.
- Reflect on your own skills in working with a team, as well as your negotiation and contract drafting performance.
- Reflect on changes in your own learning style.
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Module 8: Transfer of Title, Warranty of Title and Infringement
In Module 8 you will study the different property law systems as well as the seller’s liability for warranty of title and warranty against infringement of title.
SLOs included
- Negotiate and draft an international sales contract, and evaluate its strengths and weaknesses.
- Reflect on your own skills in working with a team, as well as your negotiation and contract drafting performance.
- Reflect on changes in your own learning style.
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Module 9: Buyers Obligations, Securing Unpaid Sellers and Sellers Right to Default Interest
In Module 9 you will study legal problems surrounding the payment of the purchase price, possible contractual clauses, and you will learn to negotiate and draft contract terms relating to the payment of the purchase price in international contracts.
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Module 10: Damages (Part 1)
In Module 10 you will study and discuss the basics of the law of damages in relation to international contracts.
SLOs included
- Negotiate and draft an international sales contract, and evaluate its strengths and weaknesses.
- Reflect on your own skills in working with a team, as well as your negotiation and contract drafting performance.
- Reflect on changes in your own learning style.
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Module 11: Damages (Part 2)
In Module 11 you will negotiate and draft fixed sums clauses as well as limitation of liability clauses for an international sales contract.
SLOs included
- Negotiate and draft an international sales contract, and evaluate its strengths and weaknesses.
- Reflect on your own skills in working with a team, as well as your negotiation and contract drafting performance.
- Reflect on changes in your own learning style.
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Module 12: Force Majeure and Hardship
In Module 12 you will study and discuss the different prerequisites for an exemption of liability, especially under the uniform instruments, as well as the consequences thereof.
SLOs included
- Negotiate and draft an international sales contract, and evaluate its strengths and weaknesses.
- Reflect on your own skills in working with a team, as well as your negotiation and contract drafting performance.
- Reflect on changes in your own learning style.
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Module 14: Avoidance of Contract (Part 2)
In Module 14 you will negotiate and draft clauses for a contract specifying the details for avoidance.