Law of International Trade

| June 19, 2015

Law of International Trade
UK Commodities, an English Commodities trader, contracted with Dutch Grain, a Dutch supplier, for the sale of 45,000 bags of wheat. The contract was concluded on the standard terms of the Grain Trade Association which are made subject to English law and expressly incorporated the Incoterms. Shipment was to be made CIF Southampton direct from Rotterdam with a shipment date of March 2013.
Dutch Grain, as shippers, arranged with carriers for the carriage of the wheat. The wheat was at the port of loading on the 25th March, but the ship was late in arriving and this delayed shipment until the 2nd April. Nevertheless, the ships master issued a set of clean on board bills of lading dated within the shipment period. UK Commodities made payment for the goods against, and on the basis of, the shipping documents and awaited delivery.
The ship proceeded first to Calais before arriving later in Southampton, by which time the market price for wheat had fallen in the UK. The carrier maintains that this route had been agreed with the shipper. UK Commodities was also disappointed to discover on inspection that a large quantity of the wheat was damaged which, it would later transpire, occurred when the wheat was in transit to the port of loading by Dutch Grain. UK Commodities maintains that this damage would have been evident under a reasonable inspection of the goods by the ships master before issuing the clean bill of lading.
Dissatisfied with the situation, UK Commodities seeks your advice on the following:
(i) Their right to reject the goods and documents under English sales law and the Incoterms and their right to claim damages.
(ii) What, if any, rights of action they may have against the carrier for the loss that they have suffered.
(iii) Whether they should, in your opinion, pursue action against Dutch Grain or the carrier? Justify your answer

Having completed this unit, the student is expected to:

1 demonstrate a comprehensive and detailed knowledge of the social, economic and political pressures which have shaped the development of the law;
2 critically appreciate the functions of and relationship between transactions of sale, carriage and insurance;
3 apply the relevant laws and doctrines in a range of problem scenarios;
4 identify potential areas of mercantile liability and assess the likely outcomes;
5 appreciate legal techniques for the management of financial risk and effective means of dispute resolution; and
6 analyse the influence of international trade practice, international treaties and trade associations.

ASSESSMENT
Summative Assessment
The Independent Learning Outcomes are assessed through coursework (30%) and examination (70%). For e-learning students the examination will take the form of an online time constrained paper.

Indicative Assessment
Students may normally be expected to complete a 1500 word assignment and a 3 hour examination.

INDICATIVE CONTENT
1 FOB and CIF contracts
2 Legal issues of e-commerce
3 Insurance law and practice relating to goods in transit
4 EU law and international trade
5 Intellectual property and international trade
6 International carriage of goods by air

INDICATIVE LEARNING RESOURCES

Key Texts

Carr, I., 2009, International Trade Law, 4th edition, London: Routledge-Cavendish
Chuah, J., 2009, Law of International Trade: Cross-Border Commercial Transactions, 4th edition, London: Sweet & Maxwell
McKendrick, E., (ed.), 2010, Goode on Commercial Law, 4th edition, London: Penguin, 2010
Rose, F., 2011, Blackstone’s Statutes on Commercial and Consumer Law 2011-12, 20th edition, Oxford: Oxford University Press

The above Key Texts are complemented by:

• book chapters and journal articles downloadable from myBU as selected by the Unit Tutor(s);
• additional research of primary materials (statutes, statutory instruments) and, via the Library Catalogue, secondary materials (commentaries, monographs, journal articles); and
• relevant online Law databases and e-journal & e-book collections such as …

Databases
Eurolaw
Lawtel
Lawtel EU
LexisNexis Butterworths
Localaw
Westlaw UK

E-Journal & E-Book* Collections

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Karen Ho: Liquidated: An Ethnography of Wall Street, 2009 Duke University Press
dramaturgical perspective

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