International Sale of Goods in the Conflict of Laws

Author: James Fawcett; Jonathan Harris; Michael Bridge
Publisher: Oxford University Press
ISBN: 9780199244690
Published In: January 2005
Format: Hardback , 1576 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first book in English to offer comprehensive coverage of all private international law issues arising within the international sale of goods
Covers not just contractual matters, but also tortious, restitutionary and proprietary, making it a time-saving, one-stop source of reference
Includes a detailed survey of electronic commerce, ensuring a completely up-to-date treatment of the subject
The highly experienced and expert author team is a guarantee for quality and reliability

This book is the first one in English to focus in depth upon the private international law problems raised by the sale of goods. It begins with the substantive law and practice, and uses this as the basis for a comparative and critical discussion of the private international law issues. Examples of the typical obligations of the buyer and seller are also provided.

International Sale of Goods in the Conflict of Laws

is a strong new addition to the

Oxford Private International Law Series

and covers everything from torts to e-commerce.

Contracts of sale with a cross-border element are an everyday occurrence and one which is becoming ever more common with the advent of modern communications technology. For example, where, for jurisdictional purposes, is the place or performance of the obligation to pay for goods? Where software is sold over the Internet, is this a sale of goods contract and, if so, where are the goods delivered? Foreign judgments as to title raise complex questions as to enforcement, recognition and res judicata. As regards choice of law, sales-specific problems arise to a large extent from the interaction of contractual obligations and title matters which are central to the sale contract and the complex characterisation questions which ensue. They arise from the enactment in many countries of the Vienna Convention, from the complex inter-relationship between buyer, seller and third parties and from sales-specific domestic legislation which may be mandatory irrespective of the applicable law.

The book is concerned not only with contractual disputes that can arise out of the international sale of goods but also with torts, such as conversion and negligent misstatement, that can arise out of this type of contract. Restitutionary and proprietary claims can also arise. Special attention is paid to both the jurisdictional and choice of law problems that occur in cases of business to business e-commerce.

Readership: Practitioners in private practice and in-house lawyers advising on international commercial law; major libraries; academics and students interested in private international law or international sale of goods.

1: Introduction
Part I: Jurisdiction
2: Preliminary Remarks
3: An Action in Contract Between the Buyer and Seller: Jurisdiction Under the EC Rules
4: An Action in Contract Between the Buyer and the Seller: Jurisdiction under the Traditional English Rules
5: Transfer of Contractual Rights and Obligations: Jurisdiction
6: Torts Arising out of the International Sale of Goods: Jurisdiction
7: Property Matters Arising out of the International Sale of Goods: Jurisdiction
8: Restitution and the International Sale of Goods: Jurisdiction
9: Multiple-Party Claims Arising out of the International Sale of Goods: Jurisdiction
10: Electronic Commerce: Jurisdiction
Part II: Recognition and Enforcement of Foreign Judgments
11: The Recognition and Enforcement of Foreign Judgments
Part III: Choice of Law
12: Introduction to Choice of Law: Nature of Problems
13: Choice of Law in Contract and the International Sale of Goods
14: Transfer of Contractual Rights and Obligations: Choice of Law
15: The Hague Sales Conventions of 1955 and 1986
16: Uniform and Harmonized Sales Law: Choice of Law Issues
17: Torts Arising out of the International Sale of Goods: Choice of Law
18: Property and Title: Choice of Law
19: Restitution and the International Sale of Goods: Choice of Law
20: Concurrent Claims: Choice of Law
21: Electronic Commerce: Choice of Law

1: Introduction

Part I: Jurisdiction

2: Preliminary Remarks

3: An Action in Contract Between the Buyer and Seller: Jurisdiction Under the EC Rules

4: An Action in Contract Between the Buyer and the Seller: Jurisdiction under the Traditional English Rules

5: Transfer of Contractual Rights and Obligations: Jurisdiction

6: Torts Arising out of the International Sale of Goods: Jurisdiction

7: Property Matters Arising out of the International Sale of Goods: Jurisdiction

8: Restitution and the International Sale of Goods: Jurisdiction

9: Multiple-Party Claims Arising out of the International Sale of Goods: Jurisdiction

10: Electronic Commerce: Jurisdiction

Part II: Recognition and Enforcement of Foreign Judgments

11: The Recognition and Enforcement of Foreign Judgments

Part III: Choice of Law

12: Introduction to Choice of Law: Nature of Problems

13: Choice of Law in Contract and the International Sale of Goods

14: Transfer of Contractual Rights and Obligations: Choice of Law

15: The Hague Sales Conventions of 1955 and 1986

16: Uniform and Harmonized Sales Law: Choice of Law Issues

17: Torts Arising out of the International Sale of Goods: Choice of Law

18: Property and Title: Choice of Law

19: Restitution and the International Sale of Goods: Choice of Law

20: Concurrent Claims: Choice of Law

21: Electronic Commerce: Choice of Law

James Fawcett, Professor of International Commercial Law, University of Nottingham, Jonathan Harris, Professor of International Commercial Law, University of Birmingham, and Michael Bridge, Professor of Commercial Law, University College London