730-346 Sale of Goods

Credit Points

Coordinator

Prerequisites

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

Semester

Contact

Subject Description

Sources of the law of sale. The essential elements of a contract of sale. Sale distinguished from other contracts. 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. Remedies for breach of contract. Consumer protection issues. 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). Standard terms in sales contracts when goods are transported by land and sea. The international sale of goods.

Assessment

Final Exam 2 hours (100%).

Prescribed Texts

Printed Materials will be issued by the Faculty of Law.

• Tyree, Alan, Sale of Goods. Butterworths, 1997.
• Steinwall & Layton, Annotated Trade Practices Act. 1974 (1999 ed.).
• Act, Goods Act. 1958 (Vic).