730-346 Sale of Goods

Credit Points:

Coordinator:

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Timetable:

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Subject Description:

The historical development and sources of the law of sale goods. The Goods Act 1958 (Vic). Analysis of the essential elements of the contract. Sale distinguished from other contracts. Creation of a contract of sale. Considerations arising in relation to what is sold and the price to be paid. Terms of the contract. Agreed terms and residual terms. Terms relating to the identity and quality of what is delivered to a buyer. Merchantable quality. Goods bought for a special purpose. Goods sold under a trade name. Sales by sample. A seller's obligation to warrant title. Sale of a res aliena. Transfer of ownership. Reservation of the right of disposal. The passing of risk. Sales by non-owners. The sellers duty to deliver. Delivery to a carrier. Inspection, acceptance and rejection of goods delivered. Installment deliveries. An unpaid sellers real and contractual remedies. A buyers remedies. Exclusion clauses. Misrepresentation inducing a contract of sale. Consumer protection issues and unfair trade practices. Legislative reform: the Trade Practices Act 1974 (Cth); Goods (Sales and Leases) Act 1981 (Vic); Credit Act 1984 (Vic); The Fair Trading Act 1985 (Vic). The import-export trade. Standard terms. International sales. The Sale of Goods (Vienna Convention) Act 1987 (Vic). The Law of Sale in Japan: a comparative overview.

Assessment:

Prescribed Texts:

Printed Materials will be issued by the Law School.

• Sutton K, Sales and Consumer Law in Australia and New Zealand, 1995.
• Steinwall & Layton, Annotated Trade Practices Act, 1994 (1996 ed.).
• Act, Goods Act, 1958, (Vic).