Hey Jen -- you can help me with my homework! (just kidding
)I am doing International Commercial Law this semester (can you get anymore general than that?!?). It's supposed to be designed for people like me with no legal background whatsoever, but there's a helluva lot of assumed knowledge. Oh well, it's kinda interesting... Incoterms, contract law, int'l dispute resolution, int'l sale of goods, Vienna convention -- not sure what else they've got planned for us as the teacher is veering off the course outline somewhat, albeit in an interesting way...
Holey! Talk about adding a whole lot of specific specialist areas under the colloquial term of "international law". Some of the subjects mentioned are either 1 or 2 semester’s worth of work or even post grad work. And you're expected to know bits of each one to make sense of it. No wonder you're a bit lost.
Yeah it doesn't help when you have an overly enthusiastic lecturer who veers of the subject and just expects everyone to follow and understand what s/he is talking about.
With contract law to ensure that it's a valid K just remember the 3 basic elements: 1) Offer, 2) Consideration & 3) acceptance- if you have those 3 elements you have a contract, then of course all the exceptions come into play and there are a lot
Contract law is heavily intertwined with commercial law which brings you to sales of good. The TPA (Cth) and SGA (States) are confusing enough to get your head around but to know another jurisdictions consumer laws as well is mind boggling and having a layperson interpreting the statute – yeah right that’s why companies pays lawyers all those big bucks haha
. Best advice is look to see where K was made and then you know which jurisdictional law to apply. For instance if a K is signed in China, Chinese law will apply.
With depute resolution you’re looking at ADR procedures like mediation and negotiations etc. Always having in mind to reach a win/win outcome rather than win/lose outcome that way each party is satisfied, and getting to the underlying factors as to why the parties are disputing; trying to reach a resolution without bringing up questions of law.
I think your best bet is to just stick to the lecture notes, readings and cases (if you have to read any) and not get too caught up in the law side of things. I don't think they will test you on application just knowledge of how and when they come into place.
Good luck with it.