International Commercial Law at Mälardalen University, spring 2024

Hi

First lecture in the course International Commercial Law, done. I was very nervous before the lecture started. It felt like an impossible task to teach law in English again, since it was a year ago last time. But after a few minutes in to the talking, I kind of relaxed and it just went on from there. I hope that you were able to follow me in the challenge to introduce a new subject into your brains. It is not easy to learn a new way of thinking, a new way of arguing and as I told you it will take some time and hard work from your side. Hopefully I did not scare you away from the subject and the course. Please give me some feedback here on the blogg, good or bad, all feedback is appreciated. It is only by working together that we can make this course good.

Next lecture we will dive into EU Law and hopefully come so far that we can start reading a court case from the Court of Justice of the European Union.

Hope you will come to next lecture
Take care 😊

Best regards,
Krister

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24 Responses to International Commercial Law at Mälardalen University, spring 2024

  1. Anonym says:

    Hej Krister,

    When revising my notes after lecture 6 on zoom, some questions came to mind:

    1. When it comes to ‘Legal Acceptance Time’ for an offer without limited time the ‘formula’ is the following: transmission time + Reasonable period for consideration + transmission.

    How exactly does the court determined what a ‘reasonable period for consideration’ is (In case of a lawsuit).

    2. What do you think of pineapple on pizza?

    Thank you for your time.

    🙂

    • Krister says:

      Hi

      Since this is a ”Twitter Question” I will not answer it here on the Blogg. I must refer you to the movies where I described how the court will come to an answer to the question.
      Best regards,
      Krister

  2. Anonym says:

    Hello there,

    What is the value of CISG if you can just neglect / ignore / adjust the treaty ? (If both parties agree of course…)

    • Krister says:

      Hi
      When it comes to commercial business contracts most countries apply a concept of “freedom of contract”. The legal acts are usually Dispositive Law, and it will apply if the parties did not regulate the question in the contract or if they make a reference to the Law.

      The opposite, you have in Consumer Protection Law where you have mandatory provisions to protect the consumer.
      Best regards,
      Krister

  3. Anonym says:

    Hej Krister,

    After lecture 7, when revising my notes and compendium, a question popped up.

    Articles 55 and 14 are conflicting?

    Article 55 (p. 260) explains that the court comes up with a price that was ’ normal ’ at the time of signing the contract (when a price was absent in the contract).

    However, article 14 (p. 240) says that an offer for a contract is only valid IF there is a price included.

    This resulted in multiple questions:

    1. If an invalid offer is accepted, does it still result in a binding contract?

    2. If no –> Why is there an article 55?
    (Since this refers to a contract without a price, which according to Art. 14 is an invalid contract).

    3. What do you think of seafood on pizza?

    Thank you for your time.

    =)

  4. Anonym says:

    Hello Krister!
    Can you give any advice how to prepare for the exam ?

    • Krister says:

      Hi
      Thinking about preparing for the exam is a little early, we are halfway into the course. Now it is time to study all the material as much as possible and to read in the EU book. On Summery Lecture March 15 I will give you advice on what to focus on for the exam.
      /Krister

  5. Anonym says:

    Hi, can you in one lecture go through an old exam?

  6. Anonym says:

    Hi, would it be better if we used our Zoom lectures to work on the compendium instead?

  7. Anonym says:

    Hey Krister!

    I just wanted to tell you that group exercise we had in the latest lecture on zoom (lecture 9) was very informative and made me understand and get the whole picture better.
    Thank you for organizing it!

  8. Anonym says:

    Hey Kristen !
    I do wanna ask about The Dependent Agencies, and Independent agencies , I had a hard time grasping the idea of it.

    thank you.

  9. Anonym says:

    I’m a bit unsure of Indirect affect and just wanted to check that in case C-14/83 Von Colson, it’s an indirect because the directive 76/207 ECC that regards equal treatment doesn’t include anything that the women can apply to their situation directly. So those women have to go to the courts to have an interpretation of the law applied to their case and therefore makes it indirect affect.
    Compared to the C-152/84 M.H.Marshall that can apply the same directive directly to her situation.

  10. Anonym says:

    Hej Krister,

    I have a question about the old exam on Canvas.
    1. For question 2, why is point D incorrect? Where can I find this?
    2. What is your stance on putting eggs on pizza?

    Thank you for your time

  11. Anonym says:

    Hello Krister,

    my group and I have a couple of questions regarding the seminar and its instructions. First of all, what does the analysis part mean? Do we have to make our own judgments and opinions or follow what the case says? What kind of relevant legal sources do you mean, we have to bring up other cases?

    • Krister says:

      Hi,

      In the analysis you should present your opinion about the outcome of the case, but your opinion must be based on relevant legal sources. If your opinion is not based on legal sources, then it is not a legal argument. Your opinion should not be based on none-legal arguments.
      Here are some examples of both types:

      Legal Arguments
      • Statutory Text:
      The strongest legal argument is often based on the wording of the statutory text. Example: ”According to Chapter 5, Section 1 of the Environmental Code, a permit must be sought for activities that may cause significant environmental impact, which clearly indicates that the activity in question requires a permit.”

      • Precedent:
      Arguments based on previous court decisions, especially from higher courts such as the Supreme Court or the Supreme Administrative Court. Example: ”In accordance with the Supreme Court’s decision in case XYZ, a precedent has been established that…”

      • Preparatory Work:
      Reference to the preparatory work of the law, such as bills, reports, and investigations, to understand the legislator’s intention. Example: ”The bill clearly states that the purpose of the provision is to…”

      • Doctrine:
      Invocation of established views within legal literature. Example: ”According to Professor X’s presentation on the subject, the interpretation of this provision should…”

      Non-Legal Arguments
      • Moral or Ethical Arguments:
      Arguments based on what is considered right or wrong from a moral or ethical perspective. Example: ”It is morally indefensible to allow the activity, even if it is not expressly prohibited by law.”

      • Economic Arguments:
      Arguments referring to the economic impact or efficiency of a certain action or law. Example: ”Implementing this regulation would result in a disproportionately high cost for small businesses.”

      • Social Arguments:
      Arguments focusing on the effects of a legal issue on society or certain groups within society. Example: ”This policy could lead to increased social inequality by…”

      • Practical Arguments:
      Arguments highlighting practical considerations or the feasibility of a law or action. Example: ”Although the intention behind the proposed legislation is good, its implementation in practice would be extremely difficult due to…”

      Best regards,
      Krister

  12. Anonym says:

    Hi,
    Could you upload the solution of the examination task we worked on in groups during lecture 9? Thank you:)

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