COMMERCIAL LAW - INTERNATIONAL SALES - 2023/4

Module Overview

The module covers the law relating to the relationships that exist between the seller and buyer located in different jurisdictions in the context of international sales of goods and examines the international conventions, principles and rules that affect their relationship.

Module provider

Surrey Law School

Module Leader

HOLT Richard (Schl of Law)

Number of Credits: 15

ECTS Credits: 7.5

Framework: FHEQ Level 6

Module cap (Maximum number of students): N/A

Module Availability

Semester 2

Prerequisites / Co-requisites

None  

Module content

Indicative content includes:

-     The law relating to standard trade terms (CIF and FOB) under common law and INCOTERMS

      2020

-     Financing of international trade transactions.

-     Carriage of Goods by Sea relationships.

-     Marine Insurance

-     Jurisdiction and Applicable law in the above relationships.

-     Arbitration.

Assessment pattern

Alternative Assessment

N/A

Assessment Strategy

The assessment strategy is designed to provide students with the opportunity to demonstrate:

that they have understood coherently the key commercial concepts covered in the module, have met the listed learning outcomes and can apply their knowledge to practical problems to provide practical solutions and advice.

Thus, the summative assessment for this module consists of:

• A four-hour online assessment (until a return to the original two hour closed book examination).

The assessment addresses all the learning outcomes listed above.

 

Formative assessment:

A formative assessment comprising a typical problem question is offered to all students. Further, each Tutorial is based upon problem questions which students are asked to prepare in advance and to discuss in the tutorial.

 

Feedback

Informal Feedback is provided in each Tutorial when discussing students’ answers to the questions raised.

 

Written feedback is provided in respect of each Formative assessment submitted. Further, a complete Lecture is set aside for Formative analysis and feedback.

Module aims

• This module aims to: familiarise students with the area of international commercial law and to promote in them a critical awareness of the role of the law in regulating the conduct of the parties to an international sale contract. The areas that students will engage with are the following:
• The significance of standard trade terms such as CIF and FOB in international commercial contracts.
• The financing of international sale contracts.
• The relationship of the carriage of goods by sea contract to the international sale contract.
• The importance of jurisdiction and choice of law to the different contracts.
• Resolution of disputes by arbitration.
• An overview of marine insurance and its relationship to the international sale contract.

Learning outcomes

Methods of Teaching / Learning

The learning and teaching strategy is designed to:

Provide an overview of the topics to enable the students to understand the essential principles of each topic and their commercial significance.  The lectures and lecture outlines introduce students to cases (where applicable) and texts to enable them to deepen their knowledge of the topics.

The tutorials are intended to be occasions when students can demonstrate their knowledge and ability to apply it to tutorial questions set prior to the tutorial.  The tutorials are designed to be student-led.

The teaching and learning strategy is designed to stimulate private study using primary and secondary sources, both paper-based and electronic.  The aim of the strategy is to develop an understanding and critical awareness of the essential principles and underlying policies of commercial law at the national level.

The learning and teaching strategy contains advanced digital research (see below). It also builds upon students understanding of the contract and tort which they have previously established and advances their consideration and application of these areas as well as introducing them to bailment.

The learning and teaching methods include:

Lectures and tutorials.  Lectures and tutorials are supported by Lecture Outlines, Lecture Handouts and Tutorial questions. In addition students are provided with an online Lecture Summary and relevant captured content. Students are also required before certain lectures to conduct pre-set digital research skills tasks which they are asked about in the Lectures.

Indicated Lecture Hours (which may also include seminars, tutorials, workshops and other contact time) are approximate and may include in-class tests where one or more of these are an assessment on the module. In-class tests are scheduled/organised separately to taught content and will be published on to student personal timetables, where they apply to taken modules, as soon as they are finalised by central administration. This will usually be after the initial publication of the teaching timetable for the relevant semester.

Reading list

https://readinglists.surrey.ac.uk
Upon accessing the reading list, please search for the module using the module code: LAW3068

Other information

The School of Law is committed to developing graduates with strengths in Employability, Digital Capabilities, Global and Cultural Capabilities, Sustainability and Resourcefulness and Resilience. This module is designed to allow students to develop knowledge, skills and capabilities in the following areas:

 - Employability: This Module allows students to understand international trade which is a vital part of the UK and other economies. It introduces them to a number of key areas of commercial law such as international sales, financing, insurance and carriage of goods by sea all of which offer employment opportunities both here and abroad. The Module also involves the provision of practical legal advice clearly and correctly which are vital skills for students whether in the legal world or commercial environment.

- Digital Capabilities: This Module encourages and requires students to undertake digital research of a practical nature (e.g. understanding how a ship if loaded and discharged), a legal nature (e.g. finding cases, legislation and international conventions) and of a financial nature (such as the current SDR). All of these are vital skills for later life and also allow students to understand that the law does not sit in isolation and requires research as to other matters.

 - Global and Cultural Capabilities: By its nature this module is global in subject matter. It introduces students to the need to be aware of the applicability of different laws and customs in different regions of the world. It also develops an awareness of the importance of jurisdictional issues such as where a case is held and an understanding for different international conventions and rules. It develops an appreciation of how the international community have worked together to create different rules and conventions to reduce problems between people of different countries.

 - Resourcefulness and Resilience: This is a challenging module which requires students to try and find solutions to problems involving different cargoes, countries, laws and dispute resolution systems. Students learn to be resilient and seek to find practical solutions to problems. They will find that if one approach does not work they need to consider a different approach (e.g. different cause of action). They will find that having a claim against someone is of little use unless security for such a claim can be obtained. They will need to be resourceful to find the relevant law (case, legislation and/or convention) that applies and then apply it to the particular facts of the problem. When they finish the module these are all vital skills required in the law and in business.

Programmes this module appears in

Please note that the information detailed within this record is accurate at the time of publishing and may be subject to change. This record contains information for the most up to date version of the programme / module for the 2023/4 academic year.