INTERNATIONAL CONTRACT LAW

SHE Level 4
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code MHM022691
Module Leader n/a
School Glasgow School for Business and Society
Subject Law
Trimester
  • A (September start)

Pre-Requisite Knowledge

Contract Law or Business Law

Summary of Content

This module gathers its elements from the Law of Contract, International Transactions, International Business Law and International Sales Law to form a module that addresses rules, principles and approaches relating to selected aspects of International Contract Law. It is concerned with developing and advancing students' knowledge and critical analysis of rules, principles and approaches relating to the Formation of International Contracts, Interpretation of International Contracts, Enforcement of International Contractual Obligation, Remedies for the Breach of International Contracts and Settlement of Disputes relating to International Contracts. It aims to develop specialist knowledge of the essential components and conditions of international contracts and their interaction with municipal legal systems of the host state. It also aims to develop analytical and critical knowledge about the various international attempts at unifying rules and principles of International Contracts. PRME-related issues: This module aims at engaging students in conceptual and case studies research that advances their understanding about the role, dynamics, and impact of businesses in the creation of sustainable social, environmental and economic value. It will also facilitate and support dialog and debate among students on critical issues related to global social responsibility and sustainability.

Syllabus

-360b7 Attempts at Unifying and Harmonising Rules and Principles of International Contracts -360b7 Formation of International Contracts -360b7 Interpretation of International Contracts b7 Good Faith in International Contracts b7 Selected Obligations in ICL -360 o Obligations of the Seller o Obligations of the Buyer -360b7 Remedies for Breach of International Contracts (presentations) -360b7 Settlement of Disputes relating to International Contracts: Judicial settlement, Arbitration and ADR (presentations)

Learning Outcomes

1 Learning Outcomes On successful completion of this module, the student will be able to:1. enhance advanced knowledge and understanding of rules, principles and approaches relating to selected aspects of International Contract Law to the level required of a reasonably competent professional in the field;2. enhance the student's ability in critical analysis and thinking;3. enhance the student's ability in problem-solving;4. enhance in-depth and independent learning and enable students to develop individual responsibility for conducting and organising their work;5. identify and evaluate their personal learning strategies utilising most up to date methods particularly information technology;6. enhance student awareness of issues relating to PRME and to develop the student's capabilities to work for an inclusive and sustainable global economy.7. identify and retrieve up-to-date legal information using paper and electronic repositories; use primary and secondary legal sources which are relevant to the topic under study and current at the point of assessment; present knowledge and information using sources to support arguments and conclusions; provide recognised methods of citation and reference.8. identify accurately and formulate clearly the legal issues to be researched; undertake independent research (both paper-based and electronic) in areas of law which have not been previously studied, using paper and electronic repositories to research new topics without reference to a reading list; and9. improve the students' written and oral communication and group work skills.

Teaching / Learning Strategy

The Module will be mainly conducted by lectures and seminars (44 hours in total). The students will be asked to prepare in advance (usually each area of discussion will be identified at the beginning of the course or at least one week in advance to enable students to study the relevant material) and actively participate in the discussion. Internationalisation: The delivery of this module will set Scots, UK and EU law as appropriate in an international context. Feedback will be provided to students as follows: -360 1. Students will be provided with feedback within three weeks of submission of all summative assessments providing information on strengths, weaknesses and suggestions for corrective action to be applied in future submissions. The tutor will also provide generic feedback at the seminars where coursework will be handed back. Students may also discuss any points with their lecturer or tutor. -360 2. The virtual learning environment site will be used to feedback overall performance by students on all summative assessments highlighting overall strengths and weaknesses. -360 3. Discussion boards will be used to encourage teacher and peer-to-peer dialogue on certain topic areas where this form of communication would be regarded as effective. Student feedback on teaching, learning and assessment will be sought at the end of the semester through a module evaluation questionnaire.

Indicative Reading

-426 ESSENTIAL READING : -426 1. Schlechtreim, P., Commentary on the UN Conventions on the International Sale of Goods (CISG), 3 rd Ed., OUP, (2010). -426 2. 'UNIDROIT Principles 2010 - A new edition of the UNIDROIT Principles of International Commercial Contracts', UNIDROIT, International Institute for Unification of Private Law (2010). 3. DiMatteo, Larry A., et. al. , International Sales Law: A Critical Analysis of CISG Jurisprudence, Cambridge University Press (2005). 4. Felemegas, John, (Ed.), An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law, (2007). 5. Honnold, John, Uniform law for International Sale under the 1980 United Nations Convention, 3 rd Ed (or latest Ed.), Kluwer Law International, (1999). 6. Ramberg, Jan, International Commercial Transactions, ICC Publication No. 711, (2011). -426 RECOMMENDED: -426 7. Martinussen, Roald, Overview of International CISG Sales Law: Basic Contract Law According to the UN Convention on Contracts for the International Sale of Goods (CISG), Booksurge Llc (2006). 8. Lando, O., Principles of European Contract Law, Kluwer Law International, (2003). 9. The Pace University International Law Review (Ed.), Review of Convention on Contracts for International Sale of Goods 2000-2001, Kluwer Law International (Aug. 2002) . 10. Zeller, Bruno, CISG and the Unification of International Trade Law, Routledge-Cavendish ( 2006). 11. Flechtner, Harry M., Brand, Ronald A., & Walter, Mark S. (Eds.) , Drafting Contracts Under the CISG, Oxford University Press, USA (2007). 12. Bonell, M.J., A New Approach to International Commercial Contracts: The UNIDROIT Principles of International Contracts, Kluwer Law International, (2000). 13. Brand, Ronald A., et al., the Draft UNCITRAL and Beyond, Cases, Analysis and Unresolved Issues in the UN Sales Convention, Sweet and Maxwell (2003). 14. McKendrick, Ewan and Cohen, Nili, Comparative Remedies For Breach Of Contract, Hart Publishing, (2004). 15. Zimmermann, R., Good Faith In European Contract Law, Cambridge University Press, (2000) 16. Goode, R., Transnational Commercial Law: international instruments and commentary, Oxford University Press, (2004) 17. 'UNIDROIT Principles 2004 - A new edition of the UNIDROIT Principles of International Commercial Contracts', UNIDROIT, International Institute for Unification of Private Law (2004). 18. August, Ray, International Business Law, Text, Cases and Readings, 4 th ed., London: Pearson (2004). .

Transferrable Skills

Analysis, Synthesis, Critical Judgement and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: -360b7 Solving well defined (typically hypothetical) problems through essay and group discussion; b7 Managing, analysing and rating legal sources in essay; b7 Preparing a summary of selected legal cases from a variety of national and International jurisdictions; b7 Application of law from a variety of jurisdictions and problem-solving in their legal context. Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies; to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: -360b7 Meeting deadlines for assessment including an essay and individual presentation. b7 Preparing assessed presentation in seminars at a particular agreed time; b7 Accessing materials via a variety of GCU online sources; b7 identifying and accessing primary and secondary source materials in a variety of legal national and international jurisdictions; b7 completion of preparatory work for seminars b7 participation in seminar discussions and group work. Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the following activities: -360b7 presenting written and oral arguments in relation to aspects of International contract law in a clear and cogent manner both to those within the discipline and also to a non-specialist audience, b7 responding to relevant questions and situations appropriately, b7 using plain English and legal terminology accurately in complex arguments when writing essays and other formal exercises, b7 contributing in seminars and presentation; b7 using accurate referencing and citation. Numeracy, Information, Technology and Teamwork -11 Where relevant and as the basis for an argument, the ability to present and evaluate information provided in numerical or statistical form. The ability to produce and present in an appropriate form a word-processed essay or other appropriate format. The ability to conduct efficient searches of websites to locate relevant information; and exchange documents by E-mail. The ability to work productively and cooperatively in different kinds of groups; to establish working relations with others, defining, sharing and delegating responsibilities within the group. Such skills are developed within this module through the following activities: -360b7 Word processed essays; b7 Use of Internet and online research to identify legal materials for seminar and essay; b7 Seminar tasks requiring retrieval of information using electronic legal databases from variety of legal jurisdictions including Westlaw and other specialist websites; b7 Email Communication; b7 Participation in seminar and group discussions.

Module Structure

Activity Total Hours
Seminars 22.00
Assessment 40.00
Independent Learning Hours 116.00
Lectures 22.00

Assessment Methods

Component Duration Weighting Threshold Description
Presentation n/a 20.00 n/a Presentation (W3-11)
Essay n/a 30.00 n/a 2,000 words (W6)
Essay n/a 50.00 n/a Essay 3500 words) (W12)