The Buyer's Remedies for Non-conforming Goods

The Buyer's Remedies for Non-conforming Goods
Author :
Publisher : sellier. european law publ.
Total Pages : 285
Release :
ISBN-10 : 9783935808750
ISBN-13 : 3935808755
Rating : 4/5 (50 Downloads)

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

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.

Business Law I Essentials

Business Law I Essentials
Author :
Publisher :
Total Pages : 180
Release :
ISBN-10 : 1680923021
ISBN-13 : 9781680923025
Rating : 4/5 (21 Downloads)

Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

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.

Practitioner's Guide to the CISG

Practitioner's Guide to the CISG
Author :
Publisher : Juris Publishing, Inc.
Total Pages : 1218
Release :
ISBN-10 : 9781933833378
ISBN-13 : 1933833378
Rating : 4/5 (78 Downloads)

Synopsis Practitioner's Guide to the CISG by : Camilla Baasch Andersen

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.

International Sales Law

International Sales Law
Author :
Publisher : Cambridge University Press
Total Pages : 805
Release :
ISBN-10 : 9781107782808
ISBN-13 : 1107782805
Rating : 4/5 (08 Downloads)

Synopsis International Sales Law by : Larry A. DiMatteo

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.

The CISG Advisory Council Opinions

The CISG Advisory Council Opinions
Author :
Publisher : International Commerce and Arbitration
Total Pages : 0
Release :
ISBN-10 : 9462367191
ISBN-13 : 9789462367197
Rating : 4/5 (91 Downloads)

Synopsis The CISG Advisory Council Opinions by : CISG Advisory Council

In 2016, the CISG Advisory Council celebrated its fifteenth anniversary. On this occasion, the current members of the CISG Advisory Council decided to publish a book containing all CISG Advisory Council related documents. For the first time, the original versions of all Opinions and Declarations, their annexes, and the text of the CISG are published in one book. This book is designed to facilitate the work on and with the CISG. It enables the reader in gaining an overview of the CISG Advisory Council's work of the last fifteen years. Furthermore, it contains an introductory paper on the Advisory Council itself, its unique approach and some historical background of the Opinions. (Series: ?International Commerce and Arbitration (ICA), Vol. 23) [Subject: Commercial Law

Sale of Goods

Sale of Goods
Author :
Publisher : OUP Oxford
Total Pages : 0
Release :
ISBN-10 : 0199685118
ISBN-13 : 9780199685110
Rating : 4/5 (18 Downloads)

Synopsis Sale of Goods by : Michael Bridge

This is the third edition of the leading authority on English sale of goods law known for its clarity of expression, rigorous scholarship and depth of treatment of problem areas.

COMMERCIAL LAW

COMMERCIAL LAW
Author :
Publisher : CHANGDER OUTLINE
Total Pages : 67
Release :
ISBN-10 :
ISBN-13 :
Rating : 4/5 ( Downloads)

Synopsis COMMERCIAL LAW by : NARAYAN CHANGDER

THE COMMERCIAL LAW MCQ (MULTIPLE CHOICE QUESTIONS) SERVES AS A VALUABLE RESOURCE FOR INDIVIDUALS AIMING TO DEEPEN THEIR UNDERSTANDING OF VARIOUS COMPETITIVE EXAMS, CLASS TESTS, QUIZ COMPETITIONS, AND SIMILAR ASSESSMENTS. WITH ITS EXTENSIVE COLLECTION OF MCQS, THIS BOOK EMPOWERS YOU TO ASSESS YOUR GRASP OF THE SUBJECT MATTER AND YOUR PROFICIENCY LEVEL. BY ENGAGING WITH THESE MULTIPLE-CHOICE QUESTIONS, YOU CAN IMPROVE YOUR KNOWLEDGE OF THE SUBJECT, IDENTIFY AREAS FOR IMPROVEMENT, AND LAY A SOLID FOUNDATION. DIVE INTO THE COMMERCIAL LAW MCQ TO EXPAND YOUR COMMERCIAL LAW KNOWLEDGE AND EXCEL IN QUIZ COMPETITIONS, ACADEMIC STUDIES, OR PROFESSIONAL ENDEAVORS. THE ANSWERS TO THE QUESTIONS ARE PROVIDED AT THE END OF EACH PAGE, MAKING IT EASY FOR PARTICIPANTS TO VERIFY THEIR ANSWERS AND PREPARE EFFECTIVELY.

Commercial Contract Law

Commercial Contract Law
Author :
Publisher : Cambridge University Press
Total Pages : 623
Release :
ISBN-10 : 9781107028081
ISBN-13 : 1107028086
Rating : 4/5 (81 Downloads)

Synopsis Commercial Contract Law by : Larry A. DiMatteo

Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.

The Draft UNCITRAL Digest and Beyond

The Draft UNCITRAL Digest and Beyond
Author :
Publisher : Walter de Gruyter
Total Pages : 891
Release :
ISBN-10 : 9783866537309
ISBN-13 : 3866537301
Rating : 4/5 (09 Downloads)

Synopsis The Draft UNCITRAL Digest and Beyond by : Franco Ferrari

“The Draft UNCITRAL Digest and Beyond” is one of the most useful single volumes available on the CISG. It includes the full text of the draft “UNCITRAL Digest” which catalogues the cases and arbitral awards to date that have interpreted and applied the CISG on an article by article basis. “The Digest and Beyond” includes also commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1000 decisions applying the CISG in courts and arbitral tribunals around the world, the UNCITRAL Secretariat charged five CISG experts from a variety of regions with the task of creating a digest of CISG case law. “The Digest and Beyond” includes the draft “UNCITRAL Digest”, even before it is released officially by UNCITRAL. It also goes where the authors of the Digest were not allowed to go, given the narrow mandate within which the drafters were asked to work. Its chapters build upon the work of the “UNCITRAL Digest”. The Digest describes the reasoning and results of existing CISG cases; in “The Digest and Beyond”, the Digest authors analyze those cases, and discuss issues that have not yet arisen in the case law. Thus, in many ways, “The Digest and Beyond” provides scholarship that can direct future cases in areas that have not yet been considered by courts and arbitrators as well as in areas in which contradictory court decisions exist.