Unit Overview
This unit covers two discrete topic areas, one dealing with economic issues, the other with legal issues involved in world trade. Consequently there will be two teams teaching on the unit, one for each topic area.
There is a combined unit handbook for the unit. This handbook simply contains the seminar and lecture materials for the law element of the unit. You should refer to the combined unit handbook for the aims and objectives of the unit and especially for information about assessments. The assessment assignments themselves are on Moodle.
Reading List
Recommended
Law of International Trade 4th edition - JCT Chuah Published by: Sweet and Maxwell.
Additional
Bradgate Commercial Law 3rd ed OUP
Murray Holloway and Timson Hunt Schmitthoff Export Trade: The Law and Practice of International Trade. 11th ed
(New one out this year so don?t buy the 11th ed at full price) Sweet & Maxwell.
Understanding International Trade Law – Simone Schnitzer Published by Law Matters Publishing
This is a really good book but not generally available but f you can get it at a reasonable price it is worth considering as an alternative to Chuah.
Indira Carr ? International Trade Law? 4th ed Routledge Cavendish
Another excellent book.
Cases and Materials on International Trade Law. Todd Sweet & Maxwell.
This is a list of some of the technical words we will use in the course. Where a word appears in italics in the text of the early lectures it means that it is defined in the list. In the later lectures I do not italicise defined words. Glossary
Acceptance
This has two technical meanings. The first is that an offer has been unconditionally
accepted and thus a contract is formed. The offer may set out the way it is to be
accepted. If the offer does not explain how it is to be accepted it may be accepted in any way, orally (this is by speech) or in writing or by conduct provided it is communicated to the offeror.
Secondly, in a sale of goods the buyer may accept the goods only to discover something is wrong with them later. Acceptance is defined in the Sale of Goods Act 1979 in S35. This says that delay, express agreement and doing something which inconsistent with the seller's ownership amount to acceptance. S11 says that if
goods are accepted, the buyer cannot reject the goods but he can still sue for Damages.
Accidental
Unintentional. Without meaning something to happen.
An “Act of Parliament” is a law made by the UK Parliament. Also known as Statute. The instruction from the Principal to the Agent explaining what he is allowed to do for the principal. There is usually a contract and the actual authority will be contained in the express or implied terms of that contract.
Act of Parliament
Actual authority
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Administrative Law
Body of rules which control the exercise of power by government ministers, public and local authorities The relationship between an agent and his principal A person appointed by another [the principal] to do things for the principal often to agree a contract with a third party. This is a legal rule to protect third parties who cannot know an Agent?s Actual Authority. It is the authority a principal
seems to give to the agent so that the third party does something believing that the Agent has the Actual Authority he seems to have. In a Letter of Credit this is an agent of the Issuing Bank. It tells the seller that the credit has been opened. It often also checks the documents and pays the seller as Agent. The person to whom a Chose in Action is transferred by the Assignor.
This is the transfer of a Chose in Action from one person [the Assignor] to another [the Assignee]. It is possible under the Marine Insurance Act 1906 for a policy of Marine Insurance to be assigned. The person who transfers a chose in action to another [the assignee] This is a document which acknowledges the shipment of a Shipper's goods for carriage by sea. It performs three functions: a receipt for the goods, evidence of the contract of carriage and a document of title. A binding contract is enforceable in a court Agency
Agent
Apparent authority
Advising Bank
Assignee
Assignment
Assignor
Bill of Lading
binding
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of law
bona fide
Breach of contract
Latin term for in good faith
An actual failure of a party to a contract to perform one or more of his obligations under that contract.
Some goods cannot be physically divided amongst a number of buyers before they are delivered eg tankers of oil or cargos of grain. A purchaser of part of those goods is said to be buying goods from a bulk source. He cannot point to any of the goods and say “that is mine” until they are divided and so identified on delivery.
“Carriage” means transportation. A
“Contract of Carriage” is a contract entered into by a Carrier with a Shipper to transport goods
A “Carrier” is a person who agrees with a “Shipper” to transport goods
“Case” is used in three different ways. 1. It means a law suit (as in “I brought my case…”)
2. It means a decision of the Court. (as in “The case of Smith v Jones established that…”)
3. It means the facts and laws which are relied on in a legal argument So when I say: “My case is that…” I mean “In my argument I am relying on the following facts and laws …”
Case Law
Another way of referring to common law. It is a body of rules set out in cases as opposed to statute.
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Bulk
Carriage
Carrier
Case
Chose in action
This is a right which can be enforced by court action such as the right to enforce a debt or the benefit of a policy of insurance. Now called a ?thing in action?
Chose in possession This is something you can touch and
physically enjoy such as goods. Now called a thing in possession? CIF
Cost Insurance Freight. This INCOTERM requires the seller to deliver the goods to the port of shipment, to arrange transport to the port of delivery and to insure them for the whole of the voyage and all these costs are included in the price.
“Civil” in this course means that area of law concerned with claims between people seeking a Remedy. ie not relating to
Criminal Law. “Civil” is sometimes used to mean the law of countries which base their systems on Roman Law or on the
Napoleonic Codes. Eg France Germany, Spain.
A “Claim Form” is the document which is used by the Claimant to start a legal case. It replaced the word “Writ” on 26th April 1999. “Claimant “ is the person who brings a legal action (or \Case\
Often international trade contracts require the bill of lading to be 'clean'. This means that there must be no indorsement on the bill showing that the goods may be damaged before they were loaded. A system of law which was slowly made by Judges who looked at general principles based upon custom and on the Judge?s ideas of fairness and justice. Can mean case law
Civil
Claim Form
Claimant
Clean
Common Law
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经济和国际贸易法单元手册 Unit Handbook on Economic and International Trade Law
