Global Sales and Contract Law

by Schwenzer, Ingeborg; Kee, Christopher; Hachem, Pascal

• ISBN13: 9780199572984
• ISBN10: 0199572984
• Format: Hardcover
• Copyright: 2012-03-24
• Publisher: Oxford University Press

Summary

Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law.Global Sales and Contract Lawprovides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract.Global Sales and Contract Lawis the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.

Author Biography

Ingeborg Schwenzer is a Professor Ordinaria fur Privatrecht at the University of Basel. After completing her law studies in Tubingen, Geneva and Freiburg, Professor Schwenzer obtained an LL.M. summa cum laude from the University of California, Berkeley, and her PhD summa cum laude from the University of Freiburg.

Christopher Kee is Lecturer at the University of Basel and also holds appointments as an holds appointments as an Adjunct Professor at City University, of Hong Kong and Honorary Fellow of Deakin Law School. He is a Barrister and Solicitor of the High Court of Australia and the Supreme Courts of Victoria and New South Wales and specialises in international arbitration and international commercial law.

Pascal Hachem is a Senior Researcher and lecturer at the Faculty of Law, University of Basel, Switzerland.

Table of Contents

1: Introduction
I Sales Law - History and Modern Practice
2: Historical Development of Domestic Sales Law
3: Uniform Laws and Projects
4: Contract and the Law
5: Modern Practice of International Sales Law
II Ambit of Sales Law
6: General Remarks on the Ambit of Sales Law
7: The Concept of Goods
8: Identifying the Boundaries of a Sales Contract
III Formation of the Contract
9: General Remarks on the Formation of Contract
10: Offer and Acceptance
11: Electronic Communications
12: Standard Terms
13: Agency
14: Modification of Contract
IV Validity
15: General Remarks on Validity
16: Capacity to Contract
17: Mistake and Error
18: Fraud and Duress
19: Consequences of Mistake, Fraud and Duress
20: Illegality and Immorality
21: Excessive Benefits and Unfair Advantages
22: Formal Requirements
V Pre-Contractual Liability
23: General Remarks on Pre-Contractual Liability
24: Pre-Contractual Duties
25: Consequences of Breach of Pre-Contractual Duties
VI Construction of Contracts
26: Interpretation and Supplementation
27: Practices and Usages
VII Obligations of the Seller
28: General Remarks on the Obligations of the Seller
29: Delivery
30: Documents and Costs
31: Conformity of the Goods
32: Third Party Property Rights
33: Industrial and Intellectual Property Rights
34: Examination and Notice
VIII Obligations of the Buyer
35: General Remarks on the Obligations of the Buyer
36: Payment of the Purchase Price
37: Taking Delivery
Part IX Passing of Risk
38: Passing of Risk
X Transfer of Title
39: Transfer of Title
40: Transfer of Title by a Non-Owner
XI Remedies for Breach of Contract
41: General Remarks about Remedies
42: Suspension of Performance
43: Specific Performance
44: Damages
45: Exemption
46: Interest
47: Avoidance
48: Price Reduction
49: Concurrent Remedies
XII Unwinding of the Contract
50: Unwinding of the Contract
XIII Limitation of Actions
51: Limitation of Actions
1. Introduction
I Sales Law - History and Modern Practice
2. Historical Development of Domestic Sales Law
3. Uniform Laws and Projects
4. Contract and the Law
5. Modern Practice of International Sales Law
II Ambit of Sales Law
6. General Remarks on the Ambit of Sales Law
7. The Concept of Goods
8. Identifying the Boundaries of a Sales Contract
III Formation of the Contract
9. General Remarks on the Formation of Contract
10. Offer and Acceptance
11. Electronic Communications
12. Standard Terms
13. Agency
14. Modification of Contract
IV Validity
15. General Remarks on Validity
16. Capacity to Contract
17. Mistake and Error
18. Fraud and Duress
19. Consequences of Mistake, Fraud and Duress
20. Illegality and Immorality
21. Excessive Benefits and Unfair Advantages
22. Formal Requirements
V Pre-Contractual Liability
23. General Remarks on Pre-Contractual Liability
24. Pre-Contractual Duties
25. Consequences of Breach of Pre-Contractual Duties
VI Construction of Contracts
26. Interpretation and Supplementation
27. Practices and Usages
VII Obligations of the Seller
28. General Remarks on the Obligations of the Seller
29. Delivery
30. Documents and Costs
31. Conformity of the Goods
32. Third Party Property Rights
33. Industrial and Intellectual Property Rights
34. Examination and Notice
VIII Obligations of the Buyer
35. General Remarks on the Obligations of the Buyer
36. Payment of the Purchase Price
37. Taking Delivery
Part IX Passing of Risk
38. Passing of Risk
X Transfer of Title
39. Transfer of Title
40. Transfer of Title by a Non-Owner
XI Remedies for Breach of Contract
41. General Remarks about Remedies
42. Suspension of Performance
43. Specific Performance
44. Damages
45. Exemption
46. Interest
47. Avoidance
48. Price Reduction
49. Concurrent Remedies
XII Unwinding of the Contract
50. Unwinding of the Contract
XIII Limitation of Actions
51. Limitation of Actions