Slide background

In the last 35 years
international trade
has grown by almost
1000%.

Module Sales and Transport Law

About

The subject Sales and Transport Law provides you with a comprehensive understanding of contract law and the practical aspects of contract drafting and its pitfalls. You 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.

Resources and Teaching Approach

Resources include selected readings as well as video lectures by leading practitioners and scholars. You will analyze and discuss various model contracts and clauses used by multi-national companies and discuss the materials in small teams of students, on the class online discussion board, and in weekly chats with your subject coordinators. Together with another student you will then negotiate and draft an international sales contract for two hypothetical parties.

Subjects Covered

  • The applicable law,  International Private Law principles, choice of law clauses, CISG, Unidroit Principles (PICC)
  • Formation of contract, standard terms, e-commerce
  • Interpretation and gap-filling of contracts as well as of uniform instruments
  • Delivery of the goods, basics of transport law, risk of loss, Incoterms®
  • Conformity of the goods, examination and notice
  • Transfer of title, protection of bona fide purchaser, warranty of title, and against infringement
  • Buyer’s obligations, securing the unpaid seller, seller’s right to default interest
  • Damages, losses recoverable, calculation of damages, limitation of liability, penalty and liquidated damages clauses
  • Force majeure and hardship
  • Avoidance for breach of contract

Video Lecturers

  • Professor Dr. Yesim ATAMER (Bilgi University, Istanbul, Turkey): Interest
  • Professor Dr. Camilla BAASCH-ANDERSEN (University of Western Australia, Perth, Australia): Interpretation of uniform instruments
  • Professor Michael BRIDGE (London School of Economics, National University of Singapore): Risk of loss, Transfer of title, Consequences of avoidance
  • Professor Dr. Petra BUTLER, LL.M. (Victoria University, Wellington, New Zealand): E-Commerce
  • Professor Dr. Sieg EISELEN (University of South Africa, Pretoria, South Africa): Standard terms
  • Professor Harry FLECHTNER (University of Pittsburgh, Pennsylvania, United States): Examination and notice Adjunct
  • Professor Dr. Lauro GAMA, LL.M. (Pontificial Catholic University of Rio de Janeiro, Brazil): Limitation of liability
  • Professor Dr. Alejandro GARRO (Columbia Law School, New York, United States): Force majeure
  • Professor John GOTANDA (Villanova School of Law, Philadelphia, United States): Calculation of Damages
  • Dr. Pascal HACHEM (Attorney at Law, Zurich, Switzerland): Fixed sums
  • Professor Dr. Catherine KESSEDJAN, LL.M. (University of Panthéon-Assas, Paris, France): Choice of law clauses
  • Dr. Florian MOHS (Attorney at Law, Zurich, Switzerland): Payment, Documentary credit
  • Professor Dr. Caslav PEJOVIC (Kyushu University, Fukuoka, Japan): The relevance of documents
  • Professor Pilar PERALES (Universidad Carlos III, Madrid, Spain): Unidroit Principles (PICC)
  • Professor Dr. Jan RAMBERG (University of Stockholm, Sweden): Basics of transport law, Incoterms®
  • Dr. Djakongir SAIDOV (King’s College London, United Kingdom): Public law requirements
  • Professor Dr. Ingeborg SCHWENZER, LL.M. (University of Basel, Switzerland): CISG, Conformity of the goods, Hardship, Right to avoid the contract