International Contracts is an elective subject in postgraduate programs offered by the Faculty of Law. This subject deals with problems in the drafting and enforcement of contracts involving two or more legal systems, with reference to international conventions. Topics covered include the United Nations Convention on the International Sale of Goods, choice of governing law, choice of forum, selection and standardisation of terms, title and retention, delivery, payment and long-term contracts, and relevant aspects of dispute resolution. International Contracts is taught in an intensive and practical manner, with an emphasis on negotiation and drafting, cases and comparative law, as experienced in international legal practice. The subject should be of interest to students intending to do work involving transactions across borders.
|Academic unit:||Faculty of Law|
|Subject title:||International Contracts|
Delivery & attendance
|Attendance and learning activities:||International Contracts is taught in an intensive and practical manner, with an emphasis on negotiation and drafting, cases and comparative law, as experienced in international legal practice. The subject structure assumes topic materials are read in advance of classes.|
|Prescribed resources:||No Prescribed resources. After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.|
|[email protected] & Email:||[email protected] 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
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.
Juris Doctor students are expected to have completed a minimum of 80 credit points of compulsory law subjects.
Students must be admitted into a Masters law degree OR LA-43040 Doctor of Legal Science (Research) OR be an approved Law Study Abroad OR Law Exchange student.
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
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.
|*Class Participation||Class participation during seminars||10%||Ongoing||1, 2, 3, 4.|
|*Online Quiz||Review of pre-reading for subject, as preparation for intensive classes||10%||Week 2||1, 2, 3.|
|Draft Document §||Drafting documents relating to an international contract: Heads of Agreement||10%||Week 3||1, 2, 3, 4.|
|Oral Pitch||In-class presentation of selected cases||10%||Week 4||1, 2, 3.|
|Draft Document||Drafting a contract for the international sale of goods||25%||Week 6||1, 2, 3, 4.|
|Essay||Drafting explanatory memoranda to accompany the draft contract for the international sale of goods.||25%||Week 7||1, 2, 3, 4.|
|Draft Document §||Drafting a Statement of Claim to commence arbitration following a breach of contract||10%||Week 10||1, 2, 3, 4.|
- § 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.
|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.|
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.
Students must check the [email protected] 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.
Policy on plagiarism
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.
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.
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
Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
Introduction to the subject, including assessment and practical matters such as pre-negotiation administration and document control. Overview of the role of contract in international trade & commerce. Overview of sources of law: domestic v international law. Introduction to international law and treaties.1, 2, 3, 4.
The concept of party autonomy, and the implications of the choice of applicable law and the choice of forum for dispute resolution and enforcement. Overview of terms to regulate aspects of the transaction, including carriage, delivery, title and risk, Incoterms®2020, and payment options. Introduction to and overview of international model agreements for importing and exporting, e.g. ICC, Unidroit and ITC model agreements.1, 2, 3, 4.
An in-depth study of the United Nations Convention on the International Sale of Goods law and related cases. The topics in this module will also be incorporated in the other modules.
Analysis of the implications of breach of contract, through the preparation of a statement of claim for purposes of international arbitration. Analysis of drafting solutions for contractual problems. The relevant available remedies will be studied. Dispute resolution and Enforcement options will be critically analysed and compared.