Authorised by Academic Registrar, April 1996
Objectives Students completing the subject should (1) be familiar with the kinds of contract principally used in connection with the supply of goods and services; (2) have a detailed understanding of the statute and case law governing commercial and consumer transactions at the domestic level and a basic knowledge of the law relating to international sales; (3) understand the interaction between State and Commonwealth legislation in the area of sales law; (4) appreciate the policy foundations of sales law and, in particular, consumer protection measures; and (5) be in a position to evaluate critically the need for law reform in the area of sales law.
Synopsis The subject focuses on the sale and supply aspects of commercial and consumer transactions. Its main focus is on domestic contracts, but students will also be introduced to the main provisions of the Vienna Convention on International Sales. Relevant points of comparison between the convention and legislation governing domestic contracts will be stressed. The subject will comprise the following topics: (1) the nature and sources of commercial law; (2) categories of commercial and consumer transactions; (3) misrepresentation and misleading conduct (including a detailed examination of Division I of Part V of the Trade Practices Act 1974 (Cth); (4) the formal requirements for entry into contracts of sale and related kinds of agreement; (5) sellers' and manufacturers' liability for product defects (including a detailed examination of the product liability provisions of the Trade Practices Act and ss 18-20 and Part IV of the Goods Act 1958 (Vic); (6) the rules governing transfer of title to goods by a non-owner; (7) passing of property, risk and frustration; (8) remedies for breach of contract; (9) unconscionable contracts.
Assessment Optional written assignment (3000 words): 30% + Final examination (2 hours or 3 hours): 70% or 100%