MCCCD Program Description

International Contracts

Course: IBS115

First Term: 2001 Fall

Lecture 1 Credit(s) 1 Period(s) 1 Load
Subject Type: Occupational
Load Formula: S

Description: Examination of required content in international contracts and evaluation of rights and remedies available to buyers and sellers in the execution of international contracts. Emphasis on regulations that support or constrain international contracts, including effects of society, culture, ideology, politics, geography, and technology on international contracting

MCCCD Official Course Competencies
1. Explain the guidelines that identify transactions governed by the United Nationsl Convention of Contracts for the International Sale of Goods (CISG). (I) 2. Identify and describe the categories of goods that are excluded from CISG. (I) 3. Explain the unique factors that impact international contract formation. (II) 4. Explain the requirements of an enforceable international contract. (II) 5. Explain the obligations, actions, and remedies of the contracting parties. (II) 6. Explain how buyers and sellers project confidential or otherwise proprietary information in the execution of international contracts. (III) 7. Explain the purpose and process for applying a choice-of-law clause. (III)
MCCCD Official Course Competencies must be coordinated with the content outline so that each major point in the outline serves one or more competencies. MCCCD faculty retains authority in determining the pedagogical approach, methodology, content sequencing, and assessment metrics for student work. Please see individual course syllabi for additional information, including specific course requirements.

MCCCD Official Course Outline
I. Impace of United nations convention of Contracts for the International Sale of Foods A. Transactions covered in CISG 1. Opting in and out 2. Sales defined 3. Goods defined 4. Mixed sales B. Contracting issues excluded from CISG 1. Illegality and incompetency 2. Third-party claims and personal injury 3. Preemption II. Formation of International Sales Contracts A. Contract setting 1. Statements and conduct of the parties 2. Negotiations 3. Practices and usages 4. International contracts compared to U.S. practice B. Formation of the contract 1. The offer 2. Effectiveness of the offer 3. Delivery of the offer 4. Acceptance of the offer 5. Acceptance with modifications (mirror-image) C. Sellers obligations 1. Place of delivery 2. Time of delivery 3. Turning over of documents 4. Conformity of goods D. Buyer`s obligations 1. Payment of the contract price 2. Acceptance and taking of delivery 3. Conformity of goods E. Passing of risk 1. Agreement of the parties 2. Means of delivery 3. Breach of contract F. General standards of performance 1. Fundamental breach 2. Avoidance 3. Requests for specific performance III. Proprietary Information and Jurisdiction Issues A. Transfer of technology and proprietary information 1. Licenses and grants 2. Trademark and copyright protections 3. Franchising or use of local agents 4. Piracy B. Contract Jurisdiction 1. Choice-of-law clause 2. Choice of forum 3. Record of a host country enforces its laws 4. International treaties

MCCCD Governing Board Approval Date: 4/24/2001

All information published is subject to change without notice. Every effort has been made to ensure the accuracy of information presented, but based on the dynamic nature of the curricular process, course and program information is subject to change in order to reflect the most current information available.