Drafting Contracts Under The Cisg
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Drafting Contracts Under The Cisg
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Author : Harry M. Flechtner
language : en
Publisher: Cile Studies
Release Date : 2008
Drafting Contracts Under The Cisg written by Harry M. Flechtner and has been published by Cile Studies this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The CISG is the United Nations Convention on Contracts for the International Sale of Goods; a treaty ratified by about 70 countries that provides a uniform international sales law. The occasion of the CISG's 25th anniversary signals something extremely significant in the world of international commercial law: the true coming of age of the CISG, as evidenced by (and as a result of) several thousand available court and arbitration decisions world-wide applying the CISG. To celebrate this occasion, a conference was organized by the University of Pittsburgh's Center for International Legal Education and the United Nations Commission on International Trade Law (UNCITRAL). Drafting Contracts Under the CISG is a collaborative and important result of that conference. This publication brings together the intellectually sophisticated yet extremely practical and original contributions written by leading CISG scholars from around the globe and practitioners experienced in dealing with the CISG. Included are 140 sample clauses, a complete model sales agreement, and contextual analysis of contract drafting issues. The CISG is a new reality and is very relevant to US attorneys at the planning and negotiation stages of a sales transaction. It is increasingly the case that a lawyer in the US, or virtually anywhere else, cannot adequately serve a client's needs without knowledge of and skill in using the Convention to help, for example, prevent transactions from aborting over choice of law conflicts, and to offer alternatives that can resolve bargaining impasses. International commercial lawyers will find sample clauses dealing with major contract issues under the CISG, including: - opting into the CISG while providing an appropriate gap-filling source of law - passage of risk of loss - right to inspection of goods - force majeure - warranties and warranty disclaimers - limitations on remedies - choice of forum - pre-contractual relationships and prior communications - confidentiality of negotiations - retention of the power of revocation of an offer - strict time limits for acceptance of an offer - the "battle of the forms" - the law governing contract validity - parole evidence - party rights upon breach - notice requirements to preserve rights - notice of avoidance - entitlement to interest - specific performance versus damages - buyer's right to substitute goods
Convention On Contracts For The International Sale Of Goods Cisg
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Author : Joseph Lookofsky
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-01-21
Convention On Contracts For The International Sale Of Goods Cisg written by Joseph Lookofsky and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-21 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Convention on Contracts for the International Sales of Goods (CISG) and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Convention on Contracts for the International Sales of Goods (CISG and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law
A Practical Guide To Drafting Contracts
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Author : Cynthia M. Adams
language : en
Publisher: Aspen Publishing
Release Date : 2020-02-02
A Practical Guide To Drafting Contracts written by Cynthia M. Adams and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-02 with Law categories.
From concept to closure, A Practical Guide to Drafting Contracts provides detailed instruction for drafting contracts. Moreover, it teaches readers how to adapt existing contracts and forms to the specific needs of their client--as is frequently done by lawyers in legal practice. Step-by-step instruction and examples unpack the purpose of each provision for a wide range of contracts and integrate the basic principles that apply to both domestic and international transactions. Practice exercises further develop students’ drafting skills, as well as their working knowledge of the language and syntax of contract law. New to the Second Edition: Enhanced coverage of negotiating and drafting contracts in the United States Mind-mapping exercises that help learners think deeply about key contract provisions and their effect on other important aspects of the contract New contract simulations and drafting exercises Clear signposting of text and exercises specifically written for non-native speakers Professors and students will benefit from: Step-by-step instruction through the entire drafting process In-depth explanations and helpful examples Insights into the strategic decisions behind drafting contracts Hands-on exercises that: Raise awareness of commonly occurring contract provisions Encourage use of phrasing appropriate to audience and purpose Build familiarity with the legal principles of contracts Provide practice modifying forms and contracts drafted by other parties Discussion of U.S. law regarding key contract provisions and drafting issues Online Student Resources including: Additional exercises A wealth of sample APA contracts, Consulting Agreements, and Distribution Contracts that students are encouraged to mine for appropriate language and provisions in the process of drafting new contracts
Rules Of Contract Law
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Author : Charles L. Knapp
language : en
Publisher:
Release Date : 2005
Rules Of Contract Law written by Charles L. Knapp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Rules Of Contract Law
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Author :
language : en
Publisher:
Release Date : 2015
Rules Of Contract Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Contracts categories.
Rules Of Contract Law
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Author :
language : en
Publisher:
Release Date : 2009
Rules Of Contract Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Contracts categories.
The World Trade Press Guide To Drafting The International Sales Contract
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Author :
language : en
Publisher: World Trade Press
Release Date :
The World Trade Press Guide To Drafting The International Sales Contract written by and has been published by World Trade Press this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
The Cisg And Its Impact On National Legal Systems
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Author : Franco Ferrari
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27
The Cisg And Its Impact On National Legal Systems written by Franco Ferrari and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-27 with Law categories.
In force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is considered to be the most successful convention promoting international trade. According to many commentators, this success is due, among others, to the fact that the Convention does not directly impact on the domestic law of the various legal systems, as it applies only to international - as opposed to purely domestic - contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes - through 24 country reports as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City - to what extent the Convention de facto influences domestic legal systems. In particular, the book examines the Convention's impact on the practice of law, the style of court decisions as well as the domestic legislation in the area of contract law.
Rules Of Contract Law
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Author : Charles L. Knapp
language : en
Publisher: Aspen Publishers
Release Date : 2003-06-01
Rules Of Contract Law written by Charles L. Knapp and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-06-01 with Law categories.
This compact paperback from a respected author team can support any casebook. Knapp, Crystal, and Prince provide the rules you need to reveal the statutory underpinnings of the law, plus additional material to foster a deeper, more meaningful understanding of Contracts. For essential information in an accessible format, turn to the paperback statutory supplement many law professors have relied on to make teaching and learning Contracts more effective.
Convention On Contracts For The International Sale Of Goods Cisg
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Author : Joseph M. Lookofsky
language : en
Publisher: Kluwer Law International
Release Date : 2016
Convention On Contracts For The International Sale Of Goods Cisg written by Joseph M. Lookofsky and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Export sales contracts categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Convention on Contracts for the International Sale of Goods (CISG) covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Convention on Contracts for the International Sale of Goods (CISG) will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.