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Buyers Remedies in International Sales Law

Author: Reza Beheshti

Publisher: Bloomsbury Publishing

Published: 2024-02-22

Total Pages: 247

ISBN-13: 1509940480

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.

The Buyer's Remedies for Non-conforming Goods

Author: Hanna Sivesand

Publisher: sellier. european law publ.

Published: 2005

Total Pages: 285

ISBN-13: 3935808755

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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.

Advanced Introduction to International Sales Law

Author: Clayton P. Gillette

Publisher: Edward Elgar Publishing

Published: 2016-03-25

Total Pages: 146

ISBN-13: 1784711888

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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike. Key features include: • Concise and compact overview of the CISG • Includes contemporary developments • Provides a theoretical basis for evaluating international sales law • Considers perspectives of economic analysis of law.

Buyer's Right of Avoidance Under the International Sales Law(CISG)

Author: Ndubuisi Nwafor

Publisher: LAP Lambert Academic Publishing

Published: 2014-01

Total Pages: 100

ISBN-13: 9783659480898

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This monograph is an opportunity to explore the legal rights of a buyer to avoid (terminate) a contract of sale of goods under the United Nations Convention on Contract for the International Sale of Goods. Avoidance of a contract is the most important remedial tool at the hands of a buyer in a contract of sale whose expectations from the contract has been fundamentally truncated by a breach committed by the other party (Seller). A contract of sale of goods should not go on willy-nilly; international commercial law justice will encourage a disgruntled buyer to terminate the contract while making other numerous incidental remedies also available. This work is therefore a detailed analysis of the steps provided under the international sales law (Article 49 CISG) for invoking this remedy of avoidance from the buyer's perspective and recommendations for reforms.

Performance-Oriented Remedies in European Sale of Goods Law

Author: Vanessa Mak

Publisher: Bloomsbury Publishing

Published: 2009-01-15

Total Pages: 244

ISBN-13: 1847314805

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Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.

Remedies for International Sellers of Goods - Second Edition

Author: Center for International Legal Studies (CILS)

Publisher: Juris Publishing, Inc.

Published: 2010-01-01

Total Pages: 1070

ISBN-13: 157823297X

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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.

Buyers' Remedies in General and Buyers' Performance-Oriented Remedies (25th Anniversary of the United Nations Convention on Contracts for the International Sale of Goods).

Author: Harry M. Flechtner

Publisher:

Published: 2015

Total Pages: 9

ISBN-13:

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This paper focuses on Articles 45, 46 and 28 of the CISG - provisions that, despite their importance in the substantive scheme of the Convention, have not generated a great deal of case law or controversy. Article 45, the lead provision of Section III (quot;Remedies for Breach of Contract by the sellerquot;) of Part III, Chapter II of the CISG, provides an overview or catalogue of an aggrieved buyer's remedies (Article 45(1)), along with a rule that coordinates buyers' remedies (Article 45(2)) and a rule of general applicability for all of the buyers' remedies (Article 45(3)). Article 46 provides for an aggrieved buyer's right to demand that the seller actually perform its obligations. Although it appears in an entirely different chapter of the CISG (Chapter I--quot;General Provisionsquot;-of Part III of the Convention), Article 28 is intimately related to Article 46, because the former limits a court's obligation to enforce the rights granted under Article 46.

The Convention for the International Sale of Goods

Author: Daniel Barstow Magraw

Publisher: American Bar Association

Published: 1990

Total Pages: 266

ISBN-13:

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CISG Basics

Author: Kristen David Adams

Publisher:

Published: 2016

Total Pages: 274

ISBN-13: 9781634255059

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"Written for the novice who may be encountering the United Nations Convention on Contracts for the International Sale of Goods (CISG) for the first time or for the seasoned lawyer who is looking for a 'refresher course, ' this practical guide will help practitioners decipher and understand the complexities of this area of law. The authors conducted extensive research, analyzing all of the U.S. cases that have been decided under the CISG, as well as many decisions of international tribunals, as they crafted this valuable, user-friendly guide. Each chapter closes by posing questions built on basic facts in a hypothetical and directs you to portions of the chapter that address each question. The hypothetical is based on two leading CISG cases, as well as facts from a dispute under the UCC. In addition, this guide includes much of the text of the CISG as well as information on: the basics of the CISG, including how CISG concepts might affect a typical international business transaction; the use of common law to interpret the CISG; the purpose of the CISG and basic analysis of its application; opting out of the CISG; contract formation; interpretation of the convention; seller's basic obligations; obligations of the buyer; remedies; and more!"--Unedited summary from book cover.

The Law of Damages in International Sales

Author: Djakhongir Saidov

Publisher: Bloomsbury Publishing

Published: 2021-02-25

Total Pages: 343

ISBN-13: 150992275X

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'Saidov has produced a detailed and highly readable text that considers in turn the methods of limiting damages, the determination of loss and the calculation of damages. It will doubtless become a first point of reference for academics and practitioners alike.' Martin J Doris, Edinburgh Law Review The second edition of this internationally acclaimed book explores damages for breach of an international sales contract, one of the most important and frequently invoked remedies. The focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. The book draws on the experience of some major legal systems and engages with legal scholarship on the international instruments and on contract damages, providing the most comprehensive, in-depth and thorough examination of damages under the instruments to date. The second edition is updated, reflecting the latest developments in legal thinking on contract damages. It incorporates around 60 new cases and now covers more than 370 cases decided by courts and arbitration tribunals from around the world. The new edition is substantially revised, including new commentary on damages for a documentary breach. Truly international in spirit, this book is analytically rigorous and practically oriented, offering distinctive analyses of, and solutions to, some of the most challenging problems surrounding contract damages.