The Buyer S Remedies For Non Conforming Goods

Author : Hanna Sivesand
Publisher : sellier. european law publ.
Page : 285 pages
File Size : 52,8 Mb
Release : 2005
Category : Consumer protection
ISBN : 9783935808750

Get Book

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 : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.),Renee de Assis,Suzanne Cardell
Publisher : Unknown
Page : 180 pages
File Size : 54,9 Mb
Release : 2019-09-27
Category : Electronic
ISBN : 1680923021

Get Book

Business Law I Essentials by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.),Renee de Assis,Suzanne Cardell Pdf

A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Author : Daniel P Ryan
Publisher : iUniverse
Page : 471 pages
File Size : 48,6 Mb
Release : 2005
Category : Contracts
ISBN : 9780595360208

Get Book

Essential Principles of Contract and Sales Law in the Northern Pacific by Daniel P Ryan Pdf

Taking an anthropological approach, Essential Principles of Contract and Sales Law in the Northern Pacific highlights how regional customary and traditional law interact with Anglo-American concepts of contract and sales law to produce a unique amalgam of substantive law in this Pacific region. Author and law professor Daniel P. Ryan compiles and discusses the current contract and sales law applicable in the Pacific region, including the Republics of Palau and the Marshall Islands, Hawaii, Guam, Northern Mariana Islands, American Samoa, and the Federated States of Micronesia. Ryan compares and contrasts this regional law to international standards, including the UN Sale of Goods Convention, the UNIDROIT Principles of Contract Law, UNCITRAL Model Law for E-Commerce, the Uniform Commercial Code, the Revised Uniform Commercial Code, and the Restatement (Second) of Contracts. Essential Principles of Contract and Sales Law in the Northern Pacific is essential reading for members of the judiciary, academics, practitioners, students, and businesses within the region and their major trade partners.

Author : Anthony Gordon Guest,Judah Philip Benjamin
Publisher : Unknown
Page : 1836 pages
File Size : 55,8 Mb
Release : 1987
Category : Business & Economics
ISBN : STANFORD:36105043956932

Get Book

Benjamin's Sale of Goods by Anthony Gordon Guest,Judah Philip Benjamin Pdf

Author : Reza Beheshti
Publisher : Bloomsbury Publishing
Page : 247 pages
File Size : 54,8 Mb
Release : 2024-02-22
Category : Law
ISBN : 9781509940486

Get Book

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 : Benjamin K. Leisinger
Publisher : sellier. european law publ.
Page : 219 pages
File Size : 55,5 Mb
Release : 2007
Category : Business & Economics
ISBN : 9783866530461

Get Book

Fundamental Breach Considering Non-conformity of the Goods by Benjamin K. Leisinger Pdf

In the important field of international commodity trade, it is inevitable that some of the sales contracts and deliveries of goods lead to disputes over non-conformity of the goods. Fundamental Breach Considering Non-Conformity of the Goods analyzes existing case law and legal doctrine, as well as the legal and economic principles underlying these articles. In doing this, the author establishes tools which help classify the fundamentality of the seller's breach. This book will be indispensable for all those who have any dealings in the vital field of international purchase and distribution law.

Author : Peter Schlechtriem,Ingeborg H. Schwenzer
Publisher : Unknown
Page : 1480 pages
File Size : 54,8 Mb
Release : 2010
Category : Commercial law
ISBN : 3406603513

Get Book

Commentary on the UN Convention on the International Sale of Goods (CISG) by Peter Schlechtriem,Ingeborg H. Schwenzer Pdf

Author : Camilla Baasch Andersen,Bruno Zeller
Publisher : Juris Publishing, Inc.
Page : 1218 pages
File Size : 46,6 Mb
Release : 2010-11-01
Category : Reference
ISBN : 9781933833378

Get Book

Practitioner's Guide to the CISG by Camilla Baasch Andersen,Bruno Zeller Pdf

With the growing complexity of international trade, practitioners in commercial law increasingly need access to scholarly sources and foreign case law. A goal of the United Nations Convention on the International Sale of Goods (CISG) has been the standard of a “global jurisconsultorium,” where judges and arbitrators would share resources and consult what has been done in foreign jurisdictions. However, without the prior work of material-collecting, proper translation into English, and organization of the resulting abundance of material, compliance with this goal would be impossible. The Practitioner’s Guide to the CISG is a direct answer to that need and a decisive step toward fulfilling that goal. Written by three scholars from six different countries, the book represents the best analyses of CISG cases available anywhere. The chapters that follow provide legal counsel with easy, organized access to key, legal case abstracts drawn from multiple jurisdictions and valuable, summary comments on each article of the CISG.

Author : Larry A. DiMatteo
Publisher : Cambridge University Press
Page : 805 pages
File Size : 54,6 Mb
Release : 2014-02-17
Category : Law
ISBN : 9781107782808

Get Book

International Sales Law by Larry A. DiMatteo Pdf

This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.

Author : Dennis Campell
Publisher : Lulu.com
Page : 622 pages
File Size : 40,5 Mb
Release : 2009-08-03
Category : Law
ISBN : 9780557089314

Get Book

Remedies for International Sellers of Goods [2009] - III 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 II 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 : Anonim
Publisher : 清华大学出版社有限公司
Page : 276 pages
File Size : 42,7 Mb
Release : 2004
Category : Electronic
ISBN : 7810823477

Get Book

国际商法 by Anonim Pdf

国家教育部新世纪网络课程建设工程项目商务英语系列课程教材

Author : Joseph Lookofsky
Publisher : Kluwer Law International B.V.
Page : 212 pages
File Size : 40,5 Mb
Release : 2017-05-15
Category : Law
ISBN : 9789041142092

Get Book

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 : Brian Nelson
Publisher : Routledge
Page : 313 pages
File Size : 47,6 Mb
Release : 2013-10-31
Category : Business & Economics
ISBN : 9781134183654

Get Book

Law and Ethics in Global Business by Brian Nelson Pdf

This book provides comprehensive and, above all, business focused guidance on the fundamentals of business law and how they should be integrated into ethical and effective business decisions. It concentrates on legal principles and thereby is able to articulate the impact of global business law and its international applications providing a comprehensive overview of the legal and ethical principles which both facilitate and regulate corporate business. This is an ambitious undertaking, yet arguably no more ambitious than the projects undertaken by global business leaders making business decisions around the world. The author combines the expertise of a long-term blue chip law background with the insights of an experienced business educator. Law and Ethics in Global Business is both a comprehensive course book for MBA study and an invaluable business reference source for any executive involved in global business.

Author : Ben Templin,David H. Spratt
Publisher : Aspen Publishing
Page : 924 pages
File Size : 40,9 Mb
Release : 2023-01-31
Category : Law
ISBN : 9781543856453

Get Book

Contracts by Ben Templin,David H. Spratt Pdf

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. This practical, student-centered text is a hybrid between traditional and problem-based casebooks. The coursebook provides a thorough discussion of rules, classic and contemporary cases, and an abundance of problems. Applying best practices in learning theory and textbook design, Contracts: A Modern Coursebook builds critical thinking skills faster and more efficiently traditional casebooks. New to the 3rd Edition: Optimized Flexibility Modular and easy to customize content adaptable to one- or two-semesters Increased Focus on Problem Solving Build critical thinking skills faster and more efficiently Additional Examples for Challenging Concepts Increased attention on Parol Evidence, Consideration, Remedies, UCC §2-207, and Conditions Expanded Multiple Choice Questions Provides increased options for assessment Additional Graphics Helps students understand and organize concepts Improved Design Boosts student engagement New Chapter Sequence Reflects adopters’ feedback New Cases and Case Illustrations Highlight contemporary contracts doctrine Professors and Students will benefit from:Clear and Concise Explanations of the Law Rules Precise and concise explanations cover the Restatement (2nd) of Contracts, common law, and UCC. No rules supplements needed. Analytic Frameworks Assist in understanding and applying elements of the rules. Case Illustrations and Examples Explain how rules work in practice. Flowcharts and Graphics Appeal to visual learners. Test Yourself Questions Embedded exercises within the explanation section let students assess their understanding of the rules. Classic and Contemporary Cases in Various FormatsCase Illustrations Concise examples illustrate application of the rules. Case Law Edited full opinions provide opportunities for Socratic dialog. Question prompts engage, build critical reasoning skills, and assist in class prep. Instead of spending class time extracting rules, professors can develop analytic skills and encourage students to apply law to new scenarios or hypos - a process that improves outcomes on exams. Case Briefs. Traditional case briefs emphasize contracts doctrine. Over 500 Questions & Problems Questions for Review Multiple choice questions test students understanding of the rules and can be used as a pre- or in-class assessment or for student's self-assessment. Problem Solving and Analysis Problems based cases and examples build critical thinking skills through a series of thought-provoking hypotheticals based on real-world scenarios. These questions provide opportunities for formative feedback in line with ABA standards. Higher Satisfaction Rates. Adopters report their effectiveness in the classroom and student satisfaction rates improved dramatically with use of this coursebook.

Author : Sonja Kruisinga
Publisher : Intersentia nv
Page : 316 pages
File Size : 55,8 Mb
Release : 2004
Category : Contracts (International law)
ISBN : 9789050953634

Get Book

(Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods by Sonja Kruisinga Pdf

The 1980 UN Convention on Contracts for the International Sale of Goods (CISG) unifies the law governing the rights and obligations arising from a contract for the international sale of goods for the seller and the buyer. The CISG entered into force on 1 January 1988. The current number of 62 contracting States, representing two thirds of the world trade, shows the relevance of this Convention. Moreover, the International Chamber of Commerce (ICC) has published a model for an international sales contract that presupposes the application of the Convention. Since no supranational court exists to safeguard a uniform interpretation of its provisions, the case law from different states on the basis of the CISG needs to be compared. One of the main obligations for the seller under the Convention is to deliver goods which are in conformity with the contract (art. 35 CISG). With respect to this particular obligation, a number of questions have arisen. For example, do the goods delivered need to comply with any public law requirements in the country where the goods will be used? When and how does a buyer have to give notice to the seller of any lack of conformity? Is any fault on the part of the seller required for a buyer to be able to rely on this provision? Who bears the burden of proof? Can a buyer rely on any concurrent claims based on national law, alongside his claim based on lack of conformity? This book contains an analysis of the case law that has been established on the basis of the CISG concerning the aforementioned questions. Special attention has been paid to court decisions in Austria, Belgium, France, Germany, the Netherlands and Switzerland, as well as to arbitral awards by the ICC Court of Arbitration. In this respect, the role of the UNIDROIT Principles of International Commercial Contracts in the interpretation of the CISG has also been analysed. The book provides a unique combination, because it contains both an analysis of the issue of (non-)conformity as such and an overview of the recent case law on this topic, as well as recommendations for international commercial practice. Therefore, this book will be of interest to both academics and legal practitioners.