Download e-book International Commercial Sales: The Sale of Goods on Shipment Terms (Lloyds Commercial Law Library)

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The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales.​ Start reading International Commercial Sales on your Kindle in under a minute.​ Professor Andrea Lista is an Associate.
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The LLM Maritime Law programme develops your practical legal skills required to advise, litigate and negotiate, within a module structure that allows you to shape your degree towards your particular interests. The expertise of the staff has been recognised as being of international excellence, and in the School of Law we are strongly committed to providing the very best learning experience for all our students in a friendly, stimulating and research-led environment.

This challenging and prestigious degree attracts talented students from around the world. Some already have legal training, while others come from backgrounds such as shipping, business or engineering. All are looking to gain specialist expertise that will help them stand out from the competition.

Closing date: 31 July but early applications are encouraged especially for international students needing to obtain visas.


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  • You will begin by taking an intensive, week-long introductory legal course on the common law, which ensures that students from different countries understand the workings of this important legal system. You have to choose at least 90 CATS from a list of modules broadly within the discipline of maritime Law, such as:.

    The programme can be studied either full-time over 12 months or part-time over 24 months.

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    For full-time study you will complete the taught modules between October and June and then you will complete a supervised dissertation on a topic of your choice between June and September. For part-time study you will generally take 60 CATS in each year and also complete a supervised dissertation on a topic of your choice in your second year. Taught by world-leading specialists who are at the cutting edge of developments in the law. Options include key modules on maritime law and a number of highly specialist modules that are unique in the UK on ship finance or ship sale and purchase.

    An intensive introductory course on common law provides the essential foundation for your studies. Facilities include a dedicated maritime law library. The most recent Research Excellence Framework rated per cent of our research as world leading or internationally excellent for the research environment we provide to staff and students.

    The Southampton pre-Masters can be taken if you have qualifications or grades that do not meet University of Southampton direct entry criteria but meet the minimum entry criteria for the pre-Masters. You will be guaranteed a place on your chosen masters degree programme subject to successfully completing the pre-Masters. Visit our pre-Masters Programme to find out more about these degree programmes. At Southampton Law School we are proud of our worldwide reputation for research excellence in many fields.

    International

    Research is of key importance within the School and is embedded in everything that we do, including our teaching. Please click here for more information about our Centres of Research. Mature applicants without formal qualifications but relevant work experience are also encouraged to apply.

    Access to the internet, Word Processor MS Word compatible and an email address are also required; webcams desirable. For more information visit our English Language Proficiency page. If you have professional experience, or credit through prior learning at another institution, you may be eligible to use this experience against some of the programme requirements for period of study.

    You will need to present evidence that you have met the learning outcomes of the programme. Our pre-sessional English language courses are the best way to prepare for study at the University of Southampton. The courses will improve your capability and confidence in using English language in your studies. If you do not meet our entry requirements for direct entry to one of our MSc programmes, you could progress to one of them via the University's Pre-masters course.

    This page contains specific entry requirements for this course. Find out about equivalent entry requirements and qualifications for your country. The running of any option module within the programme depends on availability of staff and occasionally some modules may not be offered.

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    More detailed information can be found in the programme handbook or other appropriate guide or website. Scholarships, bursaries, sponsorships or grants may be available to support you through your course. These can be from the University of Southampton or other sources. Students are responsible for meeting the cost of essential textbooks, and of producing such essays, assignments, laboratory reports and dissertations as are required to fulfil the academic requirements for each programme of study. There will also be further costs for the following, not purchasable from the University:.

    In some cases you'll be able to choose modules which may have different costs associated with that module which will change the overall cost of a programme to you. Firms who target Southampton graduates and regularly visit the Law School include:. Other maritime opportunities exist in ship brokerage, ship finance, and transport planning, logistics and operations. You will be warmly invited to the Law Careers Fair to which some important shipping companies as well as many Law firms are invited.


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    • For further information as well as details on where to look for vacancies and opportunities you should visit the Career Destinations website. They also have a network of contacts within major commercial and maritime law firms in London and around the world. These links mean they can attract leading practitioners to talk to our students as an integral part of some modules and at special events. These provide an opportunity to hear from judges, ship brokers, representatives from classification societies and other legal and maritime professionals about the latest issues in their field.

      Our reputation enables us to attract speakers of the highest calibre, such as Lord Neuberger, former president of the UK Supreme Court, and his successor, Baroness Hale.

      Through our business links we can also offer prizes for high-performing LLM students in the form of monetary awards or placements, which are a great opportunity to gain professional experience and build networks. Our small-group approach to teaching through seminars and tutorials offers an unrivalled level of analysis, enabling you to explore your chosen topics in depth. Seminars and tutorials are usually structured around facts or issues relating to a particular case, or a relevant piece of research.

      Some modules may incorporate preparing a response to a public consultation, or examining the legal implications raised by a new Convention and drafting a clause to tackle potential problems. These activities will enhance your legal skills and understanding , but will also help you to develop transferable skills such as team working, communication, critical appraisal and logical reasoning.

      English contract law

      Working with a diverse group of students also means you will gain an insight into other cultures and professional practices that will be crucial in the workplace. You will receive immediate feedback on your work during class, enabling you to identify strengths and areas for improvement. The evolution of case law in the 20th century generally shows an ever-clearer distinction between general contracts among commercial parties and those between parties of unequal bargaining power , [] since in these groups of transaction true choice is thought to be hampered by lack of real competition in the market.

      Hence, some terms can be found to be unfair under statutes such as the Unfair Contract Terms Act or the Unfair Terms in Consumer Contract Regulations and can be removed by the courts, with the administrative assistance of the Competition and Markets Authority. The promises offered by one person to another are the terms of a contract, but not every representation before an acceptance will always count as a term. The basic rule of construction is that a representation is a term if it looked like it was "intended" to be from the viewpoint of a reasonable person.

      In Oscar Chess Ltd v Williams [] Mr Williams sold a Morris car to a second hand dealer and wrongly but in good faith , relying on a forged log-book said it was a model when it was really from The Court of Appeal held that the car dealer could not later claim breach of contract because they were in a better position to know the model. By contrast, in Dick Bentley Productions Ltd v Harold Smith Motors Ltd [] the Court of Appeal held that when a car dealer sold a Bentley to a customer, mistakenly stating it had done 20, miles when the true figure was , miles, this was intended to become a term because the car dealer was in a better position to know.

      A misrepresentation may also generate the right to cancel or "rescind" the contract and claim damages for "reliance" losses as if the statement had not been made, and so to get one's money back. But if the representation is also a contract term a claimant may also get damages reflecting "expected" profits as if the contract were performed as promised , though often the two measures coincide.

      When a contract is written down, there is a basic presumption that the written document will contain terms of an agreement, [] and when commercial parties sign documents every term referred to in the document binds them, [] unless the term is found to be unfair, the signed document is merely an administrative paper, or under the very limited defence of non est factum.

      If a statement is a term, and the contracting party has not signed a document, then terms may be incorporated by reference to other sources, or through a course of dealing. The basic rule, set out in Parker v South Eastern Railway Company , [] is that reasonable notice of a term is required to bind someone. The Court of Appeal sent this back to trial for a jury as existed at the time to determine. The modern approach is to add that if a term is particularly onerous, greater notice with greater clarity ought to be given.

      Denning LJ in J Spurling Ltd v Bradshaw [] famously remarked that "Some clauses which I have seen would need to be printed in red ink on the face of the document with a red hand pointing to it before the notice could be held to be sufficient. It can also be that a regular and consistent course of dealings between two parties lead the terms from previous dealings to be incorporated into future ones.

      In Hollier v Rambler Motors Ltd [] the Court of Appeal held that Mr Hollier, whose car was burnt in a fire caused by a careless employee at Rambler Motors' garage, was not bound by a clause excluding liability for "damage caused by fire" on the back of an invoice which he had seen three or four times in visits over the last five years.

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      This was not regular or consistent enough. But in British Crane Hire Corporation Ltd v Ipswich Plant Hire Ltd [] Lord Denning MR held that a company hiring a crane was bound by a term making them pay for expenses of recovering the crane when it sunk into marshland, after only one prior dealing.

      Of particular importance was the equal bargaining power of the parties. Once it is established which terms are incorporated into an agreement, their meaning must be determined. Since the introduction of legislation regulating unfair terms, English courts have become firmer in their general guiding principle that agreements are construed to give effect to the intentions of the parties from the standpoint of a reasonable person.