Hi again

Now we have finished the introduction part and I hope you have a better understanding of the legal frame work after this introduction.

In next three lectures Inger will cover The Contract Law.
Bring the Law Text Compendium and the CISG book to the lectures and please print out the ”CISG Table of Content – English” from the homepage under Lecture 3.

To all of you who were not at today’s lecture.
You will have a very hard 🙁 time to pass the exams if you don’t attend the lectures.

Take care 🙂
Krister

33 Responses to “Mälardalen University, Introduction To Commercial Law Lecture 2”

  1. Reading instructions lecture 4 Monday 17th November 2014
    Lookofsky Chapter 3 Contract Formation with Slides38-42.
    Lookofsky Chapter 4 Obligations of the Parties with Slides 43-56
    Lookofsky Chapter 5 Passing of the risk with Slide 57

    In the Lookofsky book you find
    Table of CISG Contracting States on page 179-182
    CISG 101 Articles on page 183-212
    Table of CISG Provisions with reference to the § in Lookofsky that comment on a particular Article.

  2. Reading instructions lecture 4 Tuesday 17th November 2014
    Lookofsky Chapter 6 Remedies for Breachwith Slides 58-75

  3. How can i get access to Zeteo?

    • You look for http://zeteo.se or just google zeteo
      Your user name and code that have from MDH

      You have an ocean of information there.

      For my subject Contract Law you can access the comments on CISG this way:
      Press Litterature, go down to more and press Förmögenhetsskatt and then Internationella Köplagen (CISG).
      Have a good time!
      PS I will put ”3 important issues” slides on the course home page today.
      Inger

    • Hi
      As a student on MDH you don’t have free access to Zeto.

      Best regrads,
      Krister

  4. What date is the Written exam supposed to be in? 11.12 or 16.12 – it is very confusing when we get two different sets of information from you!

    • I Think it is important that we have a nice and friendly tone to each other on this blogg. However I can understand that you feel stressed and if you need to discuss anything you are welcome to call me.
      Now to your question. As you can see on slide 3 Contract law. We plan to give you the Instructions to the Written exam at the latest 1 December. You shall deliver the paper that you write in Groups the 11/12. Krister and I will hold a seminar on 16/12 and go through the questions that you elaborate on in the paper you deliver 11/12 and we will give each Group their Points on the delivered paper. The task includes contract law and intellectual property law. The lesson in these subjects end 18/11 and 27/11.
      Kind regards Inger

  5. I have a bit of a hard time understanding the lectures, I need some examples like when Krister brought up the OJ Simpsons case. that made me understand more of how to think. Now we just get a lode of articles and I don’t understand anything, that even includes the powerpoints, I don’t now how I’m supposed to understand that. It would help a lot if you could include some examples of maybe a company when they have used the articles, or something in that gender. Would facilitate everything so much. Thanks in advance!

    • And now I see that the rest of the lecture notes have examples, so nevermind hehe. But just a comment that it’s good with the examples 🙂

  6. I really liked the lecture with Inger ( the first one I been to except the into) it was clear.
    It will take a while though to get to know the book, but that’s always the case.

  7. Hi!

    I would like to request questions about each article and the answer would be explained or handed out on the next lesson.

    I strongly believe this would be a useful tool for those who want to get familiar with the articles.
    Of course this wouldn’t be mandatory, just an extra tool.

    • I beleive that you can get a lot of input to each article by r eading the book Understanding the Cisg. If you find a specific article difficult see the index on page233 to all the 101 articles in the book. Iwould also appreciate if you bring up a difficult article on tomorrows lecture or on the seminar 28 november. You may also send me a question here or in my mail.
      Best regards Inger

  8. Hi!
    When shall we use ”EU intellectual property law and policy”?

  9. Regarding the Written exam paper you are to deliver 11 december the first 7 subjects from Is CISG applicable or not to Breach of contract is Contract Law issues and the rest of the subjects concern Intellectual Property Law.
    When you write your paper please structure it under a title for each of the subjects.
    Thank you
    Inger

  10. Hi!

    Can you tell us on which lessons we will have each books?

  11. Hi!

    Is Everything (exept for the last 2 chapters) in ”Understanding the CISG” important/convient to us who study the course?

    • Sorry, I gave this information during the lecture and that is correct.
      Chapter 8 is about final Provisions and as informed in lecture article 95 and 96 are relevant for the cource.
      The cource concentrates on CISG and of cource you can read about LPISG but I will not include in the exam.
      Inger

  12. Hi!

    As I have understood during the lecture today the written assignment should be in the 11th of December at the latest 12am. Are we still going to have a lecture the 11th of December on the Tax Law , individuals as the schedule says?

  13. Hi!

    I just looked thorough the lecture notes from lecture 3 and I got a little bit confused on slide(overhead) 32 on the last part with the example of a seller in US and a buyer in state X which is not a CISG state.
    I wonder why we concluded during the lecture that the CISG doesn’t apply.

    Since US is a CISG State and State X is not then the article 1 (a) is not applicable. But since the US law prevail as article 1(b) says then I thought that CISG would apply since the seller is US which is a CISG state.
    Why is it that CISG does not apply?

  14. Hi Student,
    Thank you for your question. It is a good question. Art 1.1.b says that CISG also may be applicable if International Private law leads to that the law in a Contracting State shall be applicable. Thus one of the 2 parties is a Contracting State. In this case US is a contracting state. However, Us has made a reservation when US ratified the Convention under article 95 You have a clear explanation in the book on page 15 in the part that starts with ”Since the United States ratifed the Convention… So the conclusion is that US may use the Domestic Law in the State concerned and not CISG. You find Another example on page 170 3rd paragraph.
    Best regards
    Inger

  15. The last lesson was great! It’s good that you’re activating us with questions, much appreciated. An improvement from the previous lesson.

    Unfortunately some pupils (including myself) have to attend to ”Medarbetardagen” tomorrow and wont be able to attend the lecture. Looking forward for the next one anyway!

    Best regards
    Christopher

  16. Thank you very much I got it now!

  17. Is it only book ”Understanding the CISG” and ”The Foundation of European law” that are concerned to seminar 1?

    • I am not sure I understand what you mean by Seminar 1. I will have Seminar A in Contract Law on the 28/11 two lectures_ the first 8.15-12 and the second 13.15 – 17.00. Krister has Seminar B 5/12 which is about Intellectual property.

      Bring Understanding the CISG to my seminar 28/11. You can bring Foundation of European Law to my first lecture in EU Law 1/12 and the PM I have written in EU Law, check on the course side.

      It is also a good idea to bring the Compendium Introduction to Commercia Law with you on each lecture since you will have that on the exam 13 jan and it is possible to make crossreferences and underline words in that compendium meanwhile listening during the lecture.

  18. Hi…may I know is it mandatory to attend the seminars on 28th of November, 5th of December and on 16th December? what if someone misses the seminars does he/she have to submit any make up assignment instead?

    • Hi. 28/11 and 5/12, i-e. Seminar A and B is not mandatory but I really recomend you to participate.
      However 16/12 is mandatory and the whole Group shall participate. Yes, you will recieve an additional assigment.
      Best regards Inger

  19. You still haven’t answered the question nr 11.

  20. Is it only when it is transactions between business and business that is attached to CISG??

  21. Hello Anonym,
    Read Article 1 (3) when determining the application of CISG neither the nationality of the parties, the commercial character of the parties or the contract is to be considered. Thus, it is not limited only to sales contract of goods between businesses or e.g limited liability companies. The parties may also by two individuals with their places of businesses in different countries. As you see in article 10 if a party does not have a place of business reference it to be made to his habitual abode.
    Hope this clarifies.
    Inger

    • Okay, I am cunfused. Art 2 says that it is not the CISG when it’s ”goods bought for personal, family or household use”. But Art 1 says it does?

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