Business / Commercial Law Corporate & Commercial

Global Sales and Contract Law, 2nd Edition

Edited by Ingeborg Schwenzer · Pascal Hachem · Christopher Kee
Oxford University Press June 2022

Specifications

ISBN-13
9780198871255
Publisher
Oxford University Press
Publication
June 2022
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

  • The most comprehensive work on international sales law and practice, now established as the major comparative international reference work on global sales law
  • Contains full coverage of the relationship between international sales law and national laws
  • Provides comparison between the laws of over sixty jurisdictions to assist with contract drafting and preparation for litigation
  • Expert author team led by an editor of Schlechtriem & Schwenzer: Commentary on the CISG and supported by international legal researchers
  • Includes commentary on a global scale providing a consistent and uniform approach to the interpretation of international sales law

New to this Edition:

  • Provides coverage of changes to contract law in many countries, including Argentina, France, Hungary, and Japan, as well as the adoption of the CISG by sixteen countries
  • Examines new projects such as the UNIDROIT PICC, and covers new editions of the ICC's INCOTERMS© and force majeure and hardship clauses (2020)
  • Analyses recent case law which has sought to apply the rules established by regimes such as the CISG and the UNIDROIT PICC
  • Revisits key international and multilateral developments which were envisaged in the first edition and have now either evolved or disappeared, (e.g. the European Union's plan for a Common European Sales Law (CESL)).

The second edition of Global Sales and Contract Law continues to provide comparative analysis of domestic laws of sale and contract in over sixty countries, delivering a global view of national and international sales law. The book is grounded in the practical realities of sales law, reflecting the day-to-day issues faced by practitioners. Complex questions of 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 analysed. In addition to coverage of the CISG and various national regimes, the book examines regional projects, like the the UNIDROIT PICC, the PECL, the DCFR and the PLACL, and compares differences in domestic legal approach where the CISG would not apply.

The new edition covers all the relevant case law, and factors in developments such as changes to the law of contract in Argentina, France, Hungary, and Japan, a raft of countries which have adopted the CISG since the first edition, updates to the UNIDROIT PICC, and new editions of the ICC's INCOTERMS© and force majeure and hardship clauses in 2020. International or multilateral developments that were envisaged in the original edition have now either evolved or disappeared, for example, the European Union's plan for a Common European Sales Law (CESL), as reflected in the new edition.

Encompassing all aspects of sale of goods transactions, and examining the process of a sale with relation to 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 Law remains the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a source for any practitioner dealing in international commerce.

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
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About the Author

Ingeborg Schwenzer, Professor of Private Law, The University of Basel, Pascal Hachem, Lecturer, The University of Basel, and Christopher Kee, Senior Lecturer, The University of Aberdeen

Ingeborg Schwenzer is a Professor Ordinaria für Privatrecht at the University of Basel. After completing her law studies in Tübingen, 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 Senior Researcher and lecturer at the Faculty of Law, University of Basel, Switzerland. After completing his studies at the Albert-Ludwigs-University Freiburg, Germany, he obtained his PhD summa cum laude from the University of Basel, Switzerland.

Christopher Kee is Senior Lecturer at the University of Aberdeen, Scotland and also holds appointments as a Senior Researcher at the University of Basel, Switzerland and Honorary Fellow of Deakin Law School, Australia. 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.

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