The International Sale of Goods
Law and Practice
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 2 August 2007
- ISBN 9780199273584
- Binding Hardback
- No. of pages840 pages
- Size 250x170x50 mm
- Weight 1587 g
- Language English 0
Categories
Short description:
A contextual treatment of international sales of goods with a high degree of analytical detail. It is an authoriative, informed and critical text with substantial appeal to practitioners and graduate students. The second edition of a well-received work and an indispensable point of reference for an important subject where English law plays a leading role.
MoreLong description:
This book deals with international sales of goods and covers contracts governed by English law and contracts governed by the United Nations Convention on the International Sale of Goods. It deals with contract issues as well as with property matters and most notably addresses those issues arising out of the use of documents of title, such as marine bills of lading. In addition to the rights and duties of seller and buyer, there is substantial material on bankers' documentary letters
of credit. The book not only includes commentary on decided cases, but also with standard form contracts which represent evolving trade practice. It aims to be an authoritative work and to offer a thorough and detailed analysis of extensive case law. The text also aims to give the reader a
contextual understanding of the trading world in which international sales occur. New to this edition is commentary on the Contracts (Rights of Third Parties) Act 1999 as well as discussions on conflict of laws, the construction of commercial contracts and electronic documentation. The documentary letters of credit and the UN Convention on the International Sale of Goods are given extensive treatment in this edition.
Table of Contents:
Part A: International Sales Governed by English Law
Introduction to International Sales
a. Subject Matter
b. Organizations
c. Choice of Law
d. Speculation, Hedging and String Trading
The Performance Obligations of Seller and Buyer in English Law
a. Interpretation of the Contract
b. Implied Terms of Quality, Fitness and Description in International Commodity Sales
c. Quantity: Entire and Severable Contracts
d. Privity of Contract
FOB Contracts
a. Nature of FOB Contracts
b. Readiness to Load
c. Port of Shipment
d. Shipment
e. Documentary Tender
CIF Contracts
a. The Nature of a CIF Transaction
b. Notice of Appropriation / Declaration of Shipment
c. Timely Performance
d. Bills of Lading
e. Continuous Documentary Coverage
f. Bill of Lading Supplemented by Charter Party
g. Delivery Orders and Bulk Shipments
h. Insurance Documents
i. Lawful and Effective Documents
j. Other documents
k. Documentary Tender and Exhcange
l. Arrival of the Ship
Import and Export Licenses
a. Applying for Export and Import Licences
b. Guaranteed Procurement or Due Diligence to Procure?
Payment
a. Introduction
b. Negotiabile Instruments
c. Bank Collections and Letters of Credit
Impossibility of Performance
a. Initial Impossibility (Mistake)
b. Subsequent Impossibility (Frustration)
Passing of Property and Risk
a. Passing of Property
b. Reserving the Right of Disposal
c. Transfer of Risk
d. Retrospective appropriation of Lost Cargoes
Bills of Lading and Documents of Title
a. The Buyer and the Carrier
b. Bill of Lading as a Document of Title
c. Evidentiary Function of Bills of Lading
d. Bills of Lading: Other Matters
e. Other Shipping Documents
f. Non-Negotiable Documents and the Power to Transfer Title
g. Alternatives to the Negotiable Bill of Lading
Remedies: Termination and Damages
a. Termination of the Contract
d. The Integrity of the Documentary Exchange
c. Damages
d. Excluding the Sale of Goods Act Rules
e. The Twin Rights of Rejection and the Seller's Damages Liability
Part B: International Sales Governed by the UN Sales Convention 1980 (CISG)
The CISG: General Issues
a. Introduction
b. Background to the CISG
c. Sphere of Application
d. Field of Operation
e. Exclusions
f. Role of UNIDROIT Principles
g. Interpretation and Good Faith
h. Filling Gaps in the Coverage of the CISG
i. Excluding the CISG
j. Reservations and Declarations
k. Usages and Practices
The CISG and English Law Compared
a. Formation of the Contract
b. Conformity of the Goods
c. Avoidance
d. Anticipatory Breach
e. Cure and Notice of Defect
f. Rejection of the Goods
g. Requiring Performance
h. Money Claims
i. Frustration of Contract
