730-346 Sale of Goods

Credit Points

Coordinator

Prerequisites

Torts and the Process of Law; History and Philosophy of Law, Contracts.

Semester

Contact

Subject Description

Sources of the law of sale. The essential elements of a contract of sale. Sale distinguished from other contracts. Important classifications of things bought and sold. Requirements regarding the price. The obligations of a seller relating to the identity and quality of what is delivered to a buyer. Residual terms as to: merchantable quality; goods bought for a special purpose; goods sold under a trade name and; sale by sample. Terms regarding the time, place and manner of delivery. The buyer's right to inspect goods delivered and accept or reject them. The seller's obligation to make the buyer the owner of the thing sold. The passing of property in the goods to the buyer. Sales by a seller with defective title to the goods. The risk of loss or of damage to the goods prior to delivery. Remedies for breach of contract. Consumer protection issues and unfair trade practices. Legislative reform: the Trade Practices Act 1974 (Cth); Goods (Sales and Leases) Act 1981 (Vic); the Fair Trading Act 1985 (Vic); and the Credit Code 1996 (Vic). The import-export trade, and associated standard terms. International sales: the Sale of Goods (Vienna Convention) Act 1987 (Vic).

Assessment

Either Research Assignment 4000 words (33%) and Final Exam 2 hours (67%) or Final Exam 3 hours (100%).

Prescribed Texts

Printed Materials will be issued by the Law School.

• Sutton K, Sales and Consumer Law in Australia and New Zealand. 4th ed, 1995.
• Steinwall & Layton, Annotated Trade Practices Act. 1994 (1998 ed.).
• Act, Goods Act. 1958, (Vic).