Buyers Remedies In International Sales Law

Author : Reza Beheshti
Publisher : Bloomsbury Publishing
Page : 247 pages
File Size : 55,9 Mb
Release : 2024-02-22
Category : Law
ISBN : 9781509940486

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Buyers’ Remedies in International Sales Law by Reza Beheshti Pdf

An authoritative, in-depth examination of remedies in international sales of manufactured goods, this book provides a detailed analysis of the remedies available to a commercial buyer. The book concentrates on four prominent legal regimes, namely the UK sales law, the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), the American Uniform Commercial Code (UCC), and the UNIDROIT Principles of International Commercial Contracts 2016 (UPICC). It surveys the remedies available to commercial buyers in the event that a seller fails to fulfil the contractual obligations stipulated by an international sales transaction of manufactured goods. The remedies investigated are self-help remedies, including suspension of performance and termination; monetary remedies, including damages and price reduction; and performance remedies including specific performance and the right to cure. Providing access to, and analysis of, cases and arbitral decisions from all over the world, the book scrutinises the strengths and weaknesses of buyers' remedies through comparative and normative examination.

Author : Hanna Sivesand
Publisher : sellier. european law publ.
Page : 285 pages
File Size : 48,9 Mb
Release : 2005
Category : Consumer protection
ISBN : 9783935808750

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The Buyer's Remedies for Non-conforming Goods by Hanna Sivesand Pdf

This study analyses the buyer's remedies for non-conforming goods under a sales contract under English, German, French and Scandinavian law. Moreover, the EC Consumer Sales Directive, the 1980 UN Convention on Contracts for the International Sale of Goods (CISG) and the Principles of European Contract Law (PECL) are included. The study examines the most controversial issues and problems involved in the establishment of an effective and fair remedial regime for non-conforming goods. Should there be a certain hierarchy of remedies, where some prevail over others? Who should be able to choose between the remedies, the buyer or the seller, and should there be a right for the seller to impose cure upon the buyer? Should certain remedies be restricted where the lack of conformity is not sufficiently serious? Another controversial issue is the question of whether, and if so, how the buyer should be obliged to notify the seller, and within which time limits he should be obliged to bring forward his claim.

Author : Clayton P. Gillette
Publisher : Edward Elgar Publishing
Page : 160 pages
File Size : 48,6 Mb
Release : 2016-03-25
Category : Business & Economics
ISBN : 9781784711887

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Advanced Introduction to International Sales Law by Clayton P. Gillette Pdf

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike. Key features include: • Concise and compact overview of the CISG • Includes contemporary developments • Provides a theoretical basis for evaluating international sales law • Considers perspectives of economic analysis of law.

Author : Peter Schlechtriem,Petra Butler
Publisher : Springer Science & Business Media
Page : 399 pages
File Size : 44,6 Mb
Release : 2008-10-17
Category : Law
ISBN : 9783540499923

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UN Law on International Sales by Peter Schlechtriem,Petra Butler Pdf

This book describes and analyses the rules and provisions of the United Nation Convention on the International Sale of Goods of 1980 - CISG-. The authors explain the details of the CISG’s text, report the essence of the scholarly discussions of its issues, and, in particular, present numerous cases decided by courts and arbitration tribunals both as illustrations of problems arising under the CISG and as case law interpreting the Convention. The book is mainly intended to be used in teaching, but it can also help practitioners to understand the structure and basic solutions of sales law issues encoded in the CISG.

Author : Dennis Campell
Publisher : Lulu.com
Page : 594 pages
File Size : 41,9 Mb
Release : 2009-08-03
Category : Law
ISBN : 9780557088836

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Remedies for International Sellers of Goods [2009] - I by Dennis Campell Pdf

2009 RELEASE: "Remedies for International Sellers of Goods", a three-volume set with more than 1,800 pages, provides reports by business practitioners in North and South America, Asia and the Pacific, the Middle East, and Europe, reviewing the steps required to assure secured sales transactions and the remedies available in their respective countries to those involved in disputes over the crossborder sale of goods. The reports are prepared by local business practitioners. Order volumes II and III to complete the set. The publication is replaced by updated volumes annually. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.

Author : Vanessa Mak
Publisher : Bloomsbury Publishing
Page : 244 pages
File Size : 40,9 Mb
Release : 2009-01-15
Category : Law
ISBN : 9781847314802

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Performance-Oriented Remedies in European Sale of Goods Law by Vanessa Mak Pdf

Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.

Author : Daniel Barstow Magraw,Reed R. Kathrein
Publisher : American Bar Association
Page : 266 pages
File Size : 53,7 Mb
Release : 1990
Category : Law
ISBN : STANFORD:36105043514418

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The Convention for the International Sale of Goods by Daniel Barstow Magraw,Reed R. Kathrein Pdf

Author : Center for International Legal Studies (CILS)
Publisher : Juris Publishing, Inc.
Page : 1070 pages
File Size : 46,7 Mb
Release : 2010-01-01
Category : Conflict of laws
ISBN : 9781578232970

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Remedies for International Sellers of Goods - Second Edition by Center for International Legal Studies (CILS) Pdf

Remedies for International Sellers of Goods Vol 1+2 is a required work for all of those involved in international sales. The work includes coverage of 56 countries in North and South America, Europe, Asia and the Pacific, and the Middle East, Remedies for International Sellers of Goods includes detailed discussion and analysis for each jurisdiction covered, including coverage of the Uniform Law on the International Sales of Goods, and an overview of the various types of letter of credit agreements frequently used to finance cross-border sales. The work also contains the rules applicable to letter of credit arrangements, international standard contract clauses, the steps required to assure secured sales transactions, and the remedies available to those involved in disputes over the cross-border sale of goods. Analysis and discussion also includes the UNIDROIT Principles of International Commercial Contracts, the Uniform Law on the International Sale of Goods, and the Uniform Law on the Formation of Contracts for the International Sale of Goods. Put quite simply, Remedies for International Sellers of Goods is a work that anyone involved with international sales transaction cannot do without.

Author : Joseph Lookofsky
Publisher : Kluwer Law International B.V.
Page : 267 pages
File Size : 48,6 Mb
Release : 2022-01-21
Category : Law
ISBN : 9789403540733

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Convention on Contracts for the International Sale of Goods (CISG) by Joseph Lookofsky Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Convention on Contracts for the International Sales of Goods (CISG) and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Convention on Contracts for the International Sales of Goods (CISG and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law

Author : Kristen David Adams,Candace M. Zierdt
Publisher : Unknown
Page : 274 pages
File Size : 44,7 Mb
Release : 2016
Category : Export sales contracts
ISBN : 1634255054

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CISG Basics by Kristen David Adams,Candace M. Zierdt Pdf

"Written for the novice who may be encountering the United Nations Convention on Contracts for the International Sale of Goods (CISG) for the first time or for the seasoned lawyer who is looking for a 'refresher course, ' this practical guide will help practitioners decipher and understand the complexities of this area of law. The authors conducted extensive research, analyzing all of the U.S. cases that have been decided under the CISG, as well as many decisions of international tribunals, as they crafted this valuable, user-friendly guide. Each chapter closes by posing questions built on basic facts in a hypothetical and directs you to portions of the chapter that address each question. The hypothetical is based on two leading CISG cases, as well as facts from a dispute under the UCC. In addition, this guide includes much of the text of the CISG as well as information on: the basics of the CISG, including how CISG concepts might affect a typical international business transaction; the use of common law to interpret the CISG; the purpose of the CISG and basic analysis of its application; opting out of the CISG; contract formation; interpretation of the convention; seller's basic obligations; obligations of the buyer; remedies; and more!"--Unedited summary from book cover.

Author : Joseph Lookofsky
Publisher : Kluwer Law International B.V.
Page : 212 pages
File Size : 49,9 Mb
Release : 2017-05-15
Category : Law
ISBN : 9789041142092

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Understanding the CISG by Joseph Lookofsky Pdf

The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention is the first sales law treaty to win acceptance on a worldwide scale, and the impressive list of some 85 CISG ‘Contracting States’ already accounts for more than three-fourths of all world trade. The importance of the CISG in the international arena is underlined by thousands of reported decisions where the CISG has been held to apply, thus evidencing the conduct of countless international traders who – by default or by express choice – regularly subject their sales contracts to the Convention. The CISG has also impacted on sales legislation at national and regional (e.g., EU) levels. The CISG treaty demands an international interpretation, and this fully updated Fifth (Worldwide) Edition draws upon the full range of primary as well as secondary sources of CISG law, including worldwide case law and scholarly opinion. Concrete examples are provided throughout. With this book as their guide, lawyers and students who need to understand international sales contracts and sales contract disputes will confidently navigate topic areas such as the following: • determining when the CISG applies; • freedom of contract under Article 6; • interpretation of the Convention and of CISG contracts; • sales contract formation, validity, defenses to enforcement; • obligations of the parties, including conforming delivery and payment; • remedies for breach, including specific performance, damages and avoidance; • liability exemptions; and • key reservations under Articles 92–96

Author : Michael G. Bridge
Publisher : Unknown
Page : 600 pages
File Size : 53,7 Mb
Release : 1999
Category : Bills of lading
ISBN : STANFORD:36105060440083

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The International Sale of Goods by Michael G. Bridge Pdf

This work provides a much-needed detailed treatment of the international sale of commodities. It focuses on all the key issues in international commodity sales, including the contractual construction of FOB and CIF terms, import/export licenses, frustration and risk, termination for breach,and damages. An important feature of the book is the comprehensive analysis of the legal principles that arise from terms of the standard contracts promulgated by trading associations such as GAFTA and FOSFA. The book also includes detailed coverage of all the important recent statutory developmentsin the law of sale, namely, the Carriage of Goods by Sea Act 1992 and the Sale of Goods (Amendment) Act 1995. There is also in-depth analysis of the UN Convention on the International Sale of Goods.

Author : Dennis Campell
Publisher : Lulu.com
Page : 670 pages
File Size : 52,7 Mb
Release : 2009-08-03
Category : Law
ISBN : 9780557090129

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Remedies for International Sellers of Goods [2009] - II by Dennis Campell Pdf

2009 RELEASE: "Remedies for International Sellers of Goods", a three-volume set with more than 1,800 pages, provides reports by business practitioners in North and South America, Asia and the Pacific, the Middle East, and Europe, reviewing the steps required to assure secured sales transactions and the remedies available in their respective countries to those involved in disputes over the crossborder sale of goods. The reports are prepared by local business practitioners. Order volumes I and III to complete the set. The publication is replaced by updated volumes annually. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.

Author : Djakhongir Saidov
Publisher : Bloomsbury Publishing
Page : 343 pages
File Size : 41,9 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509922758

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The Law of Damages in International Sales by Djakhongir Saidov Pdf

'Saidov has produced a detailed and highly readable text that considers in turn the methods of limiting damages, the determination of loss and the calculation of damages. It will doubtless become a first point of reference for academics and practitioners alike.' Martin J Doris, Edinburgh Law Review The second edition of this internationally acclaimed book explores damages for breach of an international sales contract, one of the most important and frequently invoked remedies. The focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. The book draws on the experience of some major legal systems and engages with legal scholarship on the international instruments and on contract damages, providing the most comprehensive, in-depth and thorough examination of damages under the instruments to date. The second edition is updated, reflecting the latest developments in legal thinking on contract damages. It incorporates around 60 new cases and now covers more than 370 cases decided by courts and arbitration tribunals from around the world. The new edition is substantially revised, including new commentary on damages for a documentary breach. Truly international in spirit, this book is analytically rigorous and practically oriented, offering distinctive analyses of, and solutions to, some of the most challenging problems surrounding contract damages.

Author : Ingeborg Schwenzer,Christiana Fountoulakis,Mariel Dimsey
Publisher : Bloomsbury Publishing
Page : 989 pages
File Size : 40,5 Mb
Release : 2012-10-26
Category : Law
ISBN : 9781782250067

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International Sales Law by Ingeborg Schwenzer,Christiana Fountoulakis,Mariel Dimsey Pdf

Written for international trade lawyers, practitioners and students from common and civil law countries, this casebook is an excellent starting point for learning about the CISG, providing an article-by-article analysis of the Convention. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2010. The book features a selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects and domestic laws. The analyses, cases, texts and questions are intended to aid readers in their comparative law and international sales law studies. They are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions. The book is a reference work as well as an introduction to the individual problem areas. In particular, it acts as a preparatory work for the Willem C Vis International Commercial Arbitration Moot. The inclusion of sample questions and answers also makes it particularly helpful for self-study purposes.