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Buyers Right Of Avoidance Under The International Sales Lawcisg
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Book Synopsis Buyer's Right of Avoidance Under the International Sales Law(CISG) by : Ndubuisi Nwafor
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.
Book Synopsis The Buyer's Right to Avoid the Contract in International Sales by : Jonathan Yovel
Download or read book The Buyer's Right to Avoid the Contract in International Sales written by Jonathan Yovel and published by . This book was released on 2014 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article presents and analyzes the law pertaining to the Buyer's power to avoid (terminate) an international sales contract for breach of contract by the seller.Avoidance (or ldquo;terminationrdquo;) of the contract is the most extreme measure a party may take in response to a breach of contract. Avoidance excuses any future performance, except for contractual performances designated to take effect upon avoidance, such as dispute resolution clauses or liquidated damages. In international transactions, avoidance of the contract may create extreme hardship and costs for both the defaulting and the aggrieved party. This article offers an analytic framework for termination of contract in international transactions and analyses different regimes for the avoidance of contract, with emphasis on the CISG. It then places termination in the context of less extreme measures to deal with breach (or with anticipatory breach), such as suspension of performance, requirement of assurances, unilateral price reduction and the right to cure in the form of delayed or remedial performance. The article highlights these issues as emerging from several jurisdictions, as well as the CISG, CESL, PECL, UNIDROIT Principles, UCC and the BGB, as well as judicial opinions and arbitral awards from several jurisdictions and forums.
Book Synopsis UN Law on International Sales by : Peter Schlechtriem
Download or read book UN Law on International Sales written by Peter Schlechtriem and published by Springer Science & Business Media. This book was released on 2008-10-17 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Commentary on the UN Sales Law (CISG) by : Christoph Brunner
Download or read book Commentary on the UN Sales Law (CISG) written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2019-03-18 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buyers and sellers engaging in the cross-border sale of goods are well-advised to be conversant with the United Nations Convention on Contracts for the International Sale of Goods (CISG), which governs international sales contracts. The CISG has been ratified by 89 states, which together account for over three-quarters of all world trade. This practically-oriented, article-by-article commentary on the CISG will be useful to legal practitioners, counsel and arbitrators dealing with international sales contracts. The in-depth annotations deal extensively with the legal issues likely to arise under each CISG article. The annotations include up-to-date analyses of state court and arbitral decisions, the legal doctrines derived from these decisions, and relevant scholarship to date. Among the issues and topics discussed are the following: interface with national laws; scope of application; obligations of seller and buyer; non-conforming goods and duty to notify; breach of contract and remedies; damages; force majeure exemption; and termination of contract and its consequences. This book is an updated translation of the second German edition of a valued resource in Germany, Switzerland, and Austria, and an authority regularly cited by the Swiss Supreme Court. The commentary is influenced by legal authorities from both civil law and common law backgrounds. Throughout, the contributors refer to the cisg-online.ch database, enabling users to locate decisions easily. User-friendly, focused on practical questions, concise but comprehensive, this article-by-article commentary provides a quick and trenchant overview of existing legal opinions and court/arbitral decisions. It will prove immensely valuable to legal practitioners, facilitating their formulation of reliable solutions to legal problems involving the CISG.
Book Synopsis Uniform Law for International Sales Under the 1980 United Nations Convention by : John Honnold
Download or read book Uniform Law for International Sales Under the 1980 United Nations Convention written by John Honnold and published by . This book was released on 1989 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Buyer's Remedies for Non-conforming Goods by : Hanna Sivesand
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.
Book Synopsis Uniform Law for International Sales by : John Honnold
Download or read book Uniform Law for International Sales written by John Honnold and published by Springer. This book was released on 1991-05-28 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is a comprehensive commentary on the history, analysis & interpretation of the Bilateral Investment Treaties (BITs). These treaties are intended to protect U.S. investment in foreign countries. Although the initial target of the BITs was to develop countries in the third world, the opening of Eastern Europe has led to BIT negotiations in that region as well. United States Investment Treaties: Policy & Practice analyzes the policies underlying the BIT program; describes how the BIT program differs from prior U.S. practice with respect to foreign investment protection; explains the intent of specific provisions in the various model negotiations texts; assesses the extent to which the negotiations of the individual signed BITs resulted in a substantive modification of provisions of the model negotiating texts & thus a departure from the intent of the drafters. This book deals with a topic of increasing interest to businesses with operations in foreign countries & to attorneys advising these companies.
Book Synopsis The Duty to Cooperate in International Sales by : Thomas Neumann
Download or read book The Duty to Cooperate in International Sales written by Thomas Neumann and published by Walter de Gruyter. This book was released on 2012-04-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rejection, Revocation of Acceptance, and Avoidance by : Sarah H. Jenkins
Download or read book Rejection, Revocation of Acceptance, and Avoidance written by Sarah H. Jenkins and published by . This book was released on 2013 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial parties purchase goods for use in their trade or business or for resale. The primary objective is to obtain conforming goods of the desired quality and at a price that generates a profitable return on the resale or use of the purchased goods. Occasionally, the seller delivers nonconforming goods, goods that fail to meet the contractual obligation. This obligation may arise from the seller's description, statements, promises, practices or course of dealings, course of performance, or from trade usage or custom. Both the Uniform Commercial Code and the U.N. Convention on Contracts for the International Sale of Goods empower the buyer to thrust the nonconforming or defective goods back on the defaulting seller. Although the language is deceptively similar, these relative rights and the corresponding duties vary in ways that are significant. Assessment of these rights and duties, including the right or obligation to cure, is essential for crafting an agreement that minimizes the adverse impact of the Convention for parties who might otherwise be subject to it while reaping the benefits that the Convention offers and are unavailable in the Code. This article addresses the rights available to buyers pursuant to the domestic sales law of Rejection and Revocation of Acceptance and the comparable right of Avoidance available through the Convention. Special emphasis is place on the relative rights to cure. First, this article assesses the rights granted and limitations imposed on buyers by the Code. Second, after establishing these rights and the conditions precedent to the exercise of them, the rights and obligations of the Convention are assessed through a comparative lens.
Book Synopsis (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods by : Sonja Kruisinga
Download or read book (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods written by Sonja Kruisinga and published by Intersentia nv. This book was released on 2004 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Avoidance of Contract Under CISG by : Karn Gupta
Download or read book Avoidance of Contract Under CISG written by Karn Gupta and published by LAP Lambert Academic Publishing. This book was released on 2012 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a careful insight into the world of international sales contracts in the context of contract avoidance and the subsequent rights and obligations of the parties concerned. The book presents a study of the previous attempts at harmonising international trade in the form of the 1964 Hague Conventions and the present attempt in the form of a codified CISG. The book proceeds on the assumption of observance of good faith in international trade and the use of legislative history and doctrinal writings in the interpretation of the CISG. The book further looks at the terms and conditions of avoidance of contract and the consequent implications on the rights and obligations of the buyer and the seller.
Book Synopsis UNCITRAL Digest of Case Law on the United Nations Convention on the International Sale of Goods by :
Download or read book UNCITRAL Digest of Case Law on the United Nations Convention on the International Sale of Goods written by and published by United Nations Publications. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the International Sale of Goods (CISG) is an important tool for international trade which provides a standardized framework for contracts of sale of goods between parties from different States. The Digest aims to present clear, concise and objective information of the Convention articles, and to reflect the evolution of the case law. It contains chapters corresponding to CISG articles, which present a summary of the related case law, drawing attention to common views and stating different approaches. The Digest makes reference to the full text of the decision whenever it is essential to demonstrate the point.
Book Synopsis UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration by : United Nations Commission on International Trade Law
Download or read book UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration written by United Nations Commission on International Trade Law and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a presentation of case laws rendered in jurisdictions having enacted the UNCITRAL Model Law on International Commercial Arbitration. In light of the large number of cases collected, the Commission requested a tool specifically designed to present selected information on the interpretation and application of the Model Law in a clear, concise and objective manner. This request originated the UNCITRAL Digest of Case Law on the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the digest is to assist in the dissemination of information on the Model Law and further promote its adoption as well as its uniform interpretation and application. In addition, the digest is meant to help judges, government officials, arbitrators, practitioners and academics use more efficiently the case law relating to the UNCITRAL text.
Book Synopsis Chinese Contract Law by : Larry A. DiMatteo
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Book Synopsis Conformity of Goods in International Sales by : René Franz Henschel
Download or read book Conformity of Goods in International Sales written by René Franz Henschel and published by Gadjura. This book was released on 2005 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Conformity of Goods in International Sales gives a systematic analysis of Article 35 in the United Nations Convention on Contracts for the International Sale of Goods (CISG). Baed on a detailed annalysis of hte most improtant cases and leading academic writing, Article 35 is described as a historical compromise between caveat emptor and caveat venditor and it is hown that the Articel is to be supplemented by the general rules of contract law inside and outside the convention, suhc as the principle of good faith in Article 7 CISG, the rules of interpretation and usage in Article 8 and Article 9 CISG and the UNIDROIT Principles of International Commercial Contracts ..." (from backcover)
Book Synopsis United Nations Convention on Contracts for the International Sale of Goods by :
Download or read book United Nations Convention on Contracts for the International Sale of Goods written by and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Fundamental Breach Considering Non-conformity of the Goods by : Benjamin K. Leisinger
Download or read book Fundamental Breach Considering Non-conformity of the Goods written by Benjamin K. Leisinger and published by sellier. european law publ.. This book was released on 2007 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
