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Author : Xu Ming
Publisher :
ISBN 13 :
Total Pages : 86 pages
Book Rating : 4.:/5 (612 download)
Download or read book Buyer's Remedies in the Event of Breach in an International Sales Contract written by Xu Ming and published by . This book was released on 2004 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Camilla Baasch Andersen
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833378
Total Pages : 1218 pages
Book Rating : 4.9/5 (338 download)
Download or read book Practitioner's Guide to the CISG written by Camilla Baasch Andersen and published by Juris Publishing, Inc.. This book was released on 2010-11-01 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Reza Beheshti
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940472
Total Pages : 266 pages
Book Rating : 4.5/5 (99 download)
Download or read book Buyers Remedies in International Sales Law written by Reza Beheshti and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
ISBN 13 : 3935808755
Total Pages : 285 pages
Book Rating : 4.9/5 (358 download)
Download or read book The Buyer's Remedies for Non-conforming Goods written by Hanna Sivesand and published by sellier. european law publ.. This book was released on 2005 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 0191074411
Total Pages : 531 pages
Book Rating : 4.1/5 (91 download)
Download or read book Remedies for Breach of Contract written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016-02-12 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)
Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Djakhongir Saidov
Publisher : Bloomsbury Publishing
ISBN 13 : 150992275X
Total Pages : 343 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Law of Damages in International Sales written by Djakhongir Saidov and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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 : Joseph Lookofsky
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403540737
Total Pages : 267 pages
Book Rating : 4.4/5 (35 download)
Download or read book Convention on Contracts for the International Sale of Goods (CISG) written by Joseph Lookofsky and published by Kluwer Law International B.V.. This book was released on 2022-01-21 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Harry M. Flechtner
Publisher :
ISBN 13 :
Total Pages : 9 pages
Book Rating : 4.:/5 (129 download)
Download or read book Buyers' Remedies in General and Buyers' Performance-Oriented Remedies (25th Anniversary of the United Nations Convention on Contracts for the International Sale of Goods). written by Harry M. Flechtner and published by . This book was released on 2015 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper focuses on Articles 45, 46 and 28 of the CISG - provisions that, despite their importance in the substantive scheme of the Convention, have not generated a great deal of case law or controversy. Article 45, the lead provision of Section III (quot;Remedies for Breach of Contract by the sellerquot;) of Part III, Chapter II of the CISG, provides an overview or catalogue of an aggrieved buyer's remedies (Article 45(1)), along with a rule that coordinates buyers' remedies (Article 45(2)) and a rule of general applicability for all of the buyers' remedies (Article 45(3)). Article 46 provides for an aggrieved buyer's right to demand that the seller actually perform its obligations. Although it appears in an entirely different chapter of the CISG (Chapter I--quot;General Provisionsquot;-of Part III of the Convention), Article 28 is intimately related to Article 46, because the former limits a court's obligation to enforce the rights granted under Article 46.
Author :
Publisher :
ISBN 13 : 9403500905
Total Pages : 462 pages
Book Rating : 4.4/5 (35 download)
Download or read book written by and published by . This book was released on with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Joseph Lookofsky
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142096
Total Pages : 212 pages
Book Rating : 4.0/5 (411 download)
Download or read book Understanding the CISG written by Joseph Lookofsky and published by Kluwer Law International B.V.. This book was released on 2017-05-15 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Pace International Law Review
Publisher : sellier. european law publ.
ISBN 13 : 3935808291
Total Pages : 333 pages
Book Rating : 4.9/5 (358 download)
Download or read book Review of the Convention on Contracts for the International Sale of Goods (CISG) 2003-2004 written by Pace International Law Review and published by sellier. european law publ.. This book was released on 2005 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Pace International Law Review edits the Review of the Convention on Contracts for the International Sale of Goods (CISG). The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars. The Review was former published by Kluwer Law International.
Author : Jorge Iván Salazar Tamez
Publisher : VDM Publishing
ISBN 13 : 9783836473514
Total Pages : 192 pages
Book Rating : 4.4/5 (735 download)
Download or read book The CISG and Mexican Law Remedies for Breach of Sale Contracts written by Jorge Iván Salazar Tamez and published by VDM Publishing. This book was released on 2008 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work successfully compares and contrasts the remedies available to an aggrieved party under the United Nations Convention on Contracts for the International Sale of Goods to the equivalent remedies in the Mexican law on sales. The book provides legal practitioners, academics, scholars and the judiciary with a better understanding of the applicability and implementation of the remedies of Specific Performance or Cumplimiento Forzoso, Damages or Daos y Perjuicios and Avoidance or Rescisin, available under the Convention and the Mexican law, respectively. It is of fundamental use when drafting contracts; determining a strategy when analyzing a case of breach of an international contract of sale; and deciding a dispute over a breach of a sales contract to which the CISG or Mexican law is applicable. In sum, this work is a precise tool to decide a legal strategy for those engaged in international trade.
Author : Ndubuisi Nwafor
Publisher : LAP Lambert Academic Publishing
ISBN 13 : 9783659480898
Total Pages : 100 pages
Book Rating : 4.4/5 (88 download)
Download or read book Buyer's Right of Avoidance Under the International Sales Law(CISG) written by Ndubuisi Nwafor and published by LAP Lambert Academic Publishing. This book was released on 2014-01 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph is an opportunity to explore the legal rights of a buyer to avoid (terminate) a contract of sale of goods under the United Nations Convention on Contract for the International Sale of Goods. Avoidance of a contract is the most important remedial tool at the hands of a buyer in a contract of sale whose expectations from the contract has been fundamentally truncated by a breach committed by the other party (Seller). A contract of sale of goods should not go on willy-nilly; international commercial law justice will encourage a disgruntled buyer to terminate the contract while making other numerous incidental remedies also available. This work is therefore a detailed analysis of the steps provided under the international sales law (Article 49 CISG) for invoking this remedy of avoidance from the buyer's perspective and recommendations for reforms.
Author : Karla C. Shippey
Publisher : World Trade Press
ISBN 13 : 9781885073655
Total Pages : 200 pages
Book Rating : 4.0/5 (736 download)
Download or read book A Short Course in International Contracts written by Karla C. Shippey and published by World Trade Press. This book was released on 2003 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Global Business program 101381.
Author :
Publisher :
ISBN 13 :
Total Pages : 348 pages
Book Rating : 4.:/5 (921 download)
Download or read book Breach of Contract and Termination written by and published by . This book was released on 2004 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Daniel Barstow Magraw
Publisher : American Bar Association
ISBN 13 :
Total Pages : 266 pages
Book Rating : 4.F/5 ( download)
Download or read book The Convention for the International Sale of Goods written by Daniel Barstow Magraw and published by American Bar Association. This book was released on 1990 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
