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The Sellers Right To Cure A Failure To Perform In International Sales
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Book Synopsis The Seller's Right to Cure a Failure to Perform in International Sales by : Jonathan Yovel
Download or read book The Seller's Right to Cure a Failure to Perform in International Sales written by Jonathan Yovel and published by . This book was released on 2014 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: A defaulting party's right to cure a failure to perform under the condition that such cure does not create any ndash; or at least any excessive ndash; hardship for the aggrieved party, has emerged from American relational reforms of sales law (UCC Art. 2-508) to become a staple of modern contract law, and of modern sales law in particular. This study provides an analytical framework for contractual cure in international transactions, then presents, analyses and compares the respective provisions governing the seller's right to cure a failure to perform, with relation to the right to terminate the contract, to damages and to performance, under several legal regimes, with emphasis on the UN Sales Convention 1980 (CISG).
Author : Center for International Legal Studies (CILS) Publisher :Juris Publishing, Inc. ISBN 13 :157823297X Total Pages :1070 pages Book Rating :4.5/5 (782 download)
Book Synopsis Remedies for International Sellers of Goods - Second Edition by : Center for International Legal Studies (CILS)
Download or read book Remedies for International Sellers of Goods - Second Edition written by Center for International Legal Studies (CILS) and published by Juris Publishing, Inc.. This book was released on 2010-01-01 with total page 1070 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Practitioner's Guide to the CISG by : Camilla Baasch Andersen
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.
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 Buyers Remedies in International Sales Law by : Reza Beheshti
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 247 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.
Book Synopsis Remedies for International Sellers of Goods [2009] - I by : Dennis Campell
Download or read book Remedies for International Sellers of Goods [2009] - I written by Dennis Campell and published by Lulu.com. This book was released on 2009-08-03 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
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.
Book Synopsis The Seller's Right to Avoid the Contract in International Sales by : Jonathan Yovel
Download or read book The Seller's Right to Avoid the Contract in International Sales written by Jonathan Yovel and published by . This book was released on 2010 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the context of transnational transactions, the question of severing contractual relations due to a breach of contract (designated as quot;avoidancequot; or quot;terminationquot; by different legal instruments) is of special interest. The complexities, costs, and particular risks associated with international transactions call for inventive balances between an aggrieved party's interest in protecting reliance interests - inter alia, through termination of the contractual relations - and the interest that the party in breach may still have in maintaining them, even under conditions of breach. This article analyzes an aggrieved seller's right (or more precisely, power) to terminate the contract for breach in the context of two sophisticated transnational regimes that are quickly growing in prominence and influence. These are the UN Convention on Contracts for the International Sale of Goods, 1980 (hereinafter CISG) and the Principles of European Contract Law, 2003 (hereinafter PECL). The Uniform Commercial Code and other national regimes are considered as well. Evaluated both together and separately, a comparison of these systems yields a new analysis of the question of contract avoidance in transnational transactions. Here is an opportunity for drafters to formulate remedial regimes that respond to diverging provisions in legal systems informed by different ideological approaches to the question of contractual relations: from the tactical, risk-allocating approach that regards contractual relations as something akin to an investment, to be continued or aborted upon rational calculations of alternative transactions, to the most relational approaches, emphasizing long-time cooperation, wishing to strengthen relations and allow parties to move through an escalation of remedies and other measures until reaching the radical severance of contractual relations through avoidance of the contract. Indeed, in important respects the very nature of the contractual interaction is best studied through the topic of remedies for breach, and through the availability of the power to unilaterally severe the contractual relation in particular.
Book Synopsis Buyers Remedies in International Sales Law by : Reza Beheshti
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.
Book Synopsis Remedies for International Sellers of Goods [2009] - III by : Dennis Campell
Download or read book Remedies for International Sellers of Goods [2009] - III written by Dennis Campell and published by Lulu.com. This book was released on 2009-08-03 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Convention for the International Sale of Goods by : Daniel Barstow Magraw
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:
Book Synopsis The Seller's Right to Cure Under Article 48 United Nations Convention on Contracts for the International Sale of Goods by : Miquel Mirambell i Fargas
Download or read book The Seller's Right to Cure Under Article 48 United Nations Convention on Contracts for the International Sale of Goods written by Miquel Mirambell i Fargas and published by . This book was released on 2017 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: In principle, contracts are enforceable mutually beneficial agreements. In the event of a breach of contract, many national, supranational, and international legal systems—as well as recent European harmonization projects on private law—turn to cure regimes for the furtherance of such (assumed) contractually generated welfare. Namely, a mandatory Nachfrist-mechanism, a hierarchy of remedies, and debtor's (in sales law: seller's) rights to cure—before and after performance date—are normative devices intended to perform and preserve contracts, employing purportedly better, more cost-effective remedies for breach. Discussion of the utility of these legal institutions undisputedly belongs to the debate on modern contract law. In this thesis, one of these cure-oriented devices is exhaustively analyzed: the seller's right to cure after performance date under Article 48 CISG1. Whereas according to paragraph (1) the seller—provided that certain preconditions are met—can impose subsequent performance on the aggrieved buyer, under paragraphs (2-4) they can merely offer cure within a period of time, irrespective of any preconditions. Article 48 CISG's systematic setting, comparative law framework, origin, forerunners, preconditions for existence—general and specific—performance in practice, legal consequences—with regards to both the breach-of-contract regime and the availability of other remedies under the CISG—, and economic-behavioural implications are exegetically analysed. A particular focus is given to the allocation of contractual risk (see epigraph 3.2.9). Finally, conclusions are drawn at two levels: one concerning the CISG's regime and another related to general Contract law.
Book Synopsis International Sales Law by : Larry A. DiMatteo
Download or read book International Sales Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2014-02-17 with total page 805 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The International Sale of Goods 5e by : Michael Bridge
Download or read book The International Sale of Goods 5e written by Michael Bridge and published by Oxford University Press. This book was released on 2024-02-08 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of this leading authority continues to provide comprehensive analysis of the law and practice of sale of goods under English and international law. It is an indispensable resource for practitioners, scholars, and postgraduate students.
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 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:
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