Handbook 1996 : Faculty of Law (Volume 3 page 223)
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Optional Law subject.
Prerequisite: Contracts.
Contact: 2 hours per week
Timetable: Both semesters
Objectives:
Students completing this subject should be able to: understand and distinguish the principles and rules that govern contracts of sale; and in particular, understand the nature and extent of the rights, obligations and remedies of the parties to a contract of sale; identify and apply the relevant common law and State and Commonwealth legislation that governs different aspects of particular contracts of sale; and understand the effect of social, political and economic considerations, including consumer protection principles, on the development of the law of sale in Australia.
Content:
The historical development of the law of sale. The common law and the Goods Act, Part 1 (Vic). The essential elements of sale. Sale distinguished from other contracts. Different types of sale. The thing sold. The price. Freedom of contract. Terms created by agreement and those created by law. Exclusion of implied terms. The obligations of the seller as regards the quality of the thing sold. Sales by description. Merchantable quality. Latent and patent defects. Goods bought for a special purpose. Goods sold under a trade name. Sales by sample. The seller's obligation to warrant title. Transfer of ownership. Reservation of the right of disposal. The passing of risk. Sale of a res aliena. Sales by mercantile agents, by sellers with voidable title and by a bailee. The seller's duty to deliver: time, place and mode of delivery. Delivery to carriers. Acceptance, inspection and rejection. Instalment deliveries. The unpaid seller's real remedies. Damages. Specific Performance. The buyer's remedies: specific performance, damages. Remedies for breach of warranty and misrepresentation. Consumer protection issues and unfair trade practices. Misrepresentations. Common law and equitable remedies for innocent misrepresentation. Legislative reform: the Trade Practices Act 1974. Division 1 of Part V of the TPA. Misleading or deceptive conduct. Unconscionable conduct. False or misleading representations. Other provisions in ss 54 - 65. Division 2 of Part V of the TPA. The concept of consumer transactions. The conditions and warranties implied under Division 2. Exclusion. Remedies: damages, other orders. The Goods Act, Part IV, (Vic). Application. Non-exclusion of implied terms. Rejection of goods and rescission. Relationship with the TPA. The Credit Act (Vic). The Chattel Securities Act. Regulated contracts. Exempted contracts. Third party credit. Linked credit providers. Enforcement of the statutory provisions. The Fair Trading Act (Vic) and Motor Car Traders Act (Vic).The import-export trade. Standard terms. Ex Works; FOB; CIF; Ex Ship; Delivered Duty Paid. International sales. The Sale of Goods (Vienna Convention) Act 1987 (Vic). The Law of Sale in an Asia-Pacific Country: a comparative overview, (time permitting).
Assessment:
Either Research Assignment 3,000 words (33 per cent) and Final Exam 2 hours (67 per cent) or Final Exam 3 hours (100 per cent).
Prescribed texts:
Law subject : Next:730-347 | Prev:730-358 | Search | Help
Handbook 1996 : Faculty of Law (Volume 3 page 223)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.