Global Sales and Contract Law

Hardcover | February 12, 2012

byIngeborg Schwenzer, Pascal Hachem, Christopher Kee

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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 CISGitself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic andinternational 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 regionaluniform 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 aswell 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 aninternational contract. Global Sales and Contract Law is 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.

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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 CISGitself does not cover all issues relating to i...

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. Pascal Hachem is a Se...

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Format:HardcoverDimensions:1048 pages, 9.69 × 6.73 × 0.01 inPublished:February 12, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199572984

ISBN - 13:9780199572984

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Table of Contents

1. IntroductionI Sales Law - History and Modern Practice2. Historical Development of Domestic Sales Law3. Uniform Laws and Projects4. Contract and the Law5. Modern Practice of International Sales LawII Ambit of Sales Law6. General Remarks on the Ambit of Sales Law7. The Concept of Goods8. Identifying the Boundaries of a Sales ContractIII Formation of the Contract9. General Remarks on the Formation of Contract10. Offer and Acceptance11. Electronic Communications12. Standard Terms13. Agency14. Modification of ContractIV Validity15. General Remarks on Validity16. Capacity to Contract17. Mistake and Error18. Fraud and Duress19. Consequences of Mistake, Fraud and Duress20. Illegality and Immorality21. Excessive Benefits and Unfair Advantages22. Formal RequirementsV Pre-Contractual Liability23. General Remarks on Pre-Contractual Liability24. Pre-Contractual Duties25. Consequences of Breach of Pre-Contractual DutiesVI Construction of Contracts26. Interpretation and Supplementation27. Practices and UsagesVII Obligations of the Seller28. General Remarks on the Obligations of the Seller29. Delivery30. Documents and Costs31. Conformity of the Goods32. Third Party Property Rights33. Industrial and Intellectual Property Rights34. Examination and NoticeVIII Obligations of the Buyer35. General Remarks on the Obligations of the Buyer36. Payment of the Purchase Price37. Taking DeliveryPart IX Passing of Risk38. Passing of RiskX Transfer of Title39. Transfer of Title40. Transfer of Title by a Non-OwnerXI Remedies for Breach of Contract41. General Remarks about Remedies42. Suspension of Performance43. Specific Performance44. Damages45. Exemption46. Interest47. Avoidance48. Price Reduction49. Concurrent RemediesXII Unwinding of the Contract50. Unwinding of the ContractXIII Limitation of Actions51. Limitation of Actions