Damages Under the Convention on Contracts for the International Sale of Goods

Author: Bruno Zeller
Publisher: Oxford University Press
ISBN: 9780195371864
Release Date: 2009
Genre: Law

Damages Under the Convention on Contracts for the International Sale of Goods, Second Edition presents a practical and detailed analysis of the methods used to determine and calculate damages under the United Nations Convention on Contracts for the International Sale of Goods (CISG). Incorporating both worldwide judicial and arbitral decisions, Damages Under the CISG, Second Edition, is a unique and comprehensive guide to fully understanding this important area of law. It provides authoritative guidance on the differences that exist between uniform international instruments and domestic laws and offers comparative analysis of the calculation of damages under the civil and common law systems. The fault system and causation principle are compared with the foreseeability principle, one of the key considerations under Article 74 of the CISG. Where applicable to understanding damages issues, the UNIDROIT Principles and the Principles of European Contract Law are referenced in depth. These principles have been updated and the information revamped for the second edition, as well as additional information on fundamental breach of contract.

The UN Convention on Contracts for the International Sale of Goods

Author: Clayton P. Gillette
Publisher: Cambridge University Press
ISBN: 9781316598535
Release Date: 2016-05-10
Genre: Law

Updated and expanded for the second edition, this volume provides attorneys, academics and students with a detailed yet accessible overview of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Adopted by more than eighty nations and governing a significant portion of international sales, the CISG regulates contract formation, performance, risk of loss, conformity to contractual requirements and remedies for breach. This volume explains the CISG doctrines and their ambiguities, and appraises the extent to which the doctrines reduce transaction costs for commercial actors. Its topic-based approach will be ideal for those pursuing academic analysis or subject-specific research.

The Law of Damages in International Sales

Author: Djakhongir Saidov
Publisher: Bloomsbury Publishing
ISBN: 9781847314598
Release Date: 2008-09-17
Genre: Law

The book aims to explore the remedy of damages in international sales transactions. Its 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 issues addressed in the book include: the basis for the right to claim damages, definition and purpose of damages, the idea of limiting damages, principles underlying the award of damages, classification of losses and heads of recoverable losses, causation, foreseeability, mitigation, standards of proving losses and methods of calculating and determining the amount of damages. The book draws on the experience of some major legal systems in dealing with contract damages as well as on the body of cases and scholarly writings on the international instruments. In doing so, the book attempts to provide a justification for the existing rules on damages, highlights the problems in their interpretation and application, and proposes solutions to the existing problems in the light of relevant policies and goals pursued by the international instruments. The work will be of interest to practitioners involved in international commercial transactions, scholars and students interested in international commercial and comparative contract law.

Review of the Convention on Contracts for the International Sale of Goods CISG

Author: Pace International Law Review
Publisher: sellier. european law publ.
ISBN: 9783935808866
Release Date: 2006
Genre: Law

The Review of the Convention on Contracts for the International Sale of Goods (CISG) is published yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book compiles translations of recent decisions as well as commentaries of notable cases relating to the CISG. The book provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars. This 2004-2005 volume includes articles such as: Claiming Damages in Export Trade on Recent Developments of Uniform Law; Article 74 of the United States Convention on Contracts for the International Sale of Goods; Brown & Root Services v. Aerotech Herman Nelson: The Continuing Plight of the U.N. Sales Convention in Canada; and Causation in Damages: The Convention on Contracts for the International Sale of Goods, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law.

Contract Damages

Author: Djakhongir Saidov
Publisher: Bloomsbury Publishing
ISBN: 9781847317117
Release Date: 2008-05-30
Genre: Law

This book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the 'abstract' and 'concrete' approaches to the calculation of damagesand the relationship between changes in monetary value and the assessment of damages.

Uniform Law for International Sales Under the 1980 United Nations Convention

Author: John Honnold
Publisher: Kluwer Law International
ISBN: 9789041127532
Release Date: 2009
Genre: Law

În explicit recognition of Professor Honnold's unique understanding of the Convention's development and the issues that occupied those who drafted and finalized the text, the substantial new textual material incorporated into this new edition is set in bold italics, allowing the reader to distinguish the work of the editor from text preserved from earlier editions, and thus identifying the material that carries Professor Honnold's special authority. Over three decades Professor Honnold's almost intuitive grasp of the instrument has guided governments, tribunals, scholars and practitioners towards an enlightened international understanding of the treaty. This new edition provides tribunals, practitioners, and scholars with even more invaluable insights into the meaning of each article of the Convention.

Damages for Non Material Losses in the United Nations Convention on Contracts for the International Sale of Goods

Author: Mercedes Stephanie Chiabotti
Publisher:
ISBN: OCLC:950985298
Release Date: 2015
Genre:

Non-material assets, such as reputation, chance and emotional distress, have increasingly been considered to be more significant in commerce. The injury to such assets can have wide reaching effects. Nevertheless the recoverability of non-material losses has been difficult in international contract law. This thesis will be examining the law of damages of the UN Convention on Contracts for the International Sale of Goods, with regards to the possible means in receiving compensation for such losses. A comparative analysis of French, German and US law has been made in order to assess how in future non-material losses should be treated under the CISG. It has been concluded that, while a compensation of non-material losses is very desirable, the nature of the CISG makes this difficult. The works of the Advisory Council are of great importance as they have contributed to the target, to create a convention with uniform applicability. According to recent interpretation of the Convention, loss of reputation and lost chances can be recoverable in limited circumstances. But it is concluded that a wider approach could benefit business enterprises significantly.

Review of the Convention on Contracts for the International Sale of Goods CISG 2002 2003

Author: Michael Maggi
Publisher: Kluwer Law International
ISBN: 9789041122766
Release Date: 2004
Genre: Law

Nations in all regions of the world today share a common international sales law, The United Nations Convention on Contracts for the International Sale of Goods (CISG). The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980. Since then, the number of countries that have adopted the CISG account for over two-thirds of all world trade. The area of international sales law continues to grow as technology and development take us to a global economy. As such, the study of the CISG has become an integral component of this ever-growing area of international commercial law. The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars.

Review of the Convention on Contracts for the International Sale of Goods CISG

Author:
Publisher:
ISBN: 9041122761
Release Date: 2002
Genre: United Nations Convention on Contracts for the International Sale of Goods

Nations in all regions of the world today share a common international sales law, The United Nations Convention on Contracts For The International Sale of Goods (CISG). The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980. Since then, The number of countries that have adopted the CISG account for over two-thirds of all world trade. The area of international sales law continues to grow as technology and development take us to a global economy. As such, The study of the CISG has become an integral component of this ever-growing area of international commercial law. The Pace International Law Review edits the Review of the Convention on Contracts For The International Sale of Goods (CISG), a book published by Kluwer Law International. The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, The book seeks to compile translations of recent decisions as well as commentaries of notable cases relating To The CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars.

Non conformity in the 1980 UN Convention on Contracts for the International Sale of Goods

Author: Sonja Kruisinga
Publisher: Intersentia nv
ISBN: 9789050953634
Release Date: 2004
Genre: Law

The 1980 UN Convention on Contracts for the International Sale of Goods (CISG) unifies the law governing the rights and obligations arising from a contract for the international sale of goods for the seller and the buyer. The CISG entered into force on 1 January 1988. The current number of 62 contracting States, representing two thirds of the world trade, shows the relevance of this Convention. Moreover, the International Chamber of Commerce (ICC) has published a model for an international sales contract that presupposes the application of the Convention. Since no supranational court exists to safeguard a uniform interpretation of its provisions, the case law from different states on the basis of the CISG needs to be compared. One of the main obligations for the seller under the Convention is to deliver goods which are in conformity with the contract (art. 35 CISG). With respect to this particular obligation, a number of questions have arisen. For example, do the goods delivered need to comply with any public law requirements in the country where the goods will be used? When and how does a buyer have to give notice to the seller of any lack of conformity? Is any fault on the part of the seller required for a buyer to be able to rely on this provision? Who bears the burden of proof? Can a buyer rely on any concurrent claims based on national law, alongside his claim based on lack of conformity? This book contains an analysis of the case law that has been established on the basis of the CISG concerning the aforementioned questions. Special attention has been paid to court decisions in Austria, Belgium, France, Germany, the Netherlands and Switzerland, as well as to arbitral awards by the ICC Court of Arbitration. In this respect, the role of the UNIDROIT Principles of International Commercial Contracts in the interpretation of the CISG has also been analysed. The book provides a unique combination, because it contains both an analysis of the issue of (non-)conformity as such and an overview of the recent case law on this topic, as well as recommendations for international commercial practice. Therefore, this book will be of interest to both academics and legal practitioners.

UN Law on International Sales

Author: Peter Schlechtriem
Publisher: Springer Science & Business Media
ISBN: 354049992X
Release Date: 2008-10-17
Genre: Law

This book describes and analyses the rules and provisions of the United Nation Convention on the International Sale of Goods of 1980 - CISG-. The authors explain the details of the CISG’s text, report the essence of the scholarly discussions of its issues, and, in particular, present numerous cases decided by courts and arbitration tribunals both as illustrations of problems arising under the CISG and as case law interpreting the Convention. The book is mainly intended to be used in teaching, but it can also help practitioners to understand the structure and basic solutions of sales law issues encoded in the CISG.

Schlechtriem Schwenzer Commentary on the UN Convention on the International Sale of Goods CISG

Author: Ingeborg Schwenzer
Publisher: OUP Oxford
ISBN: 0199568979
Release Date: 2010-01-28
Genre: Law

This new edition of the leading commentary on the United Nations Uniform Sales Law will assist practitioners and scholars in their understanding of the impact of the CISG on domestic and international laws of commerce. Previous editions have become an important source of guidance on the Convention, being frequently cited by courts worldwide