Author: Andrea Lista
Publisher: Taylor & Francis
Release Date: 2016-11-18
This book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.
Author: Thomas Ogg
Publisher: Taylor & Francis
Release Date: 2017-03-27
Since the financial crisis, one of the key priorities of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) has been individual accountability. This book addresses the regulatory and employment law challenges that arise from the FCA’s and PRA’s requirements. The expert team of writers examine in depth the provisions of the Financial Services and Markets Act 2000 which relate to individuals, and the associated requirements of the PRA and FCA. The topics addressed include: The Senior Manager, Certification and Approved Person Regimes Regulatory references and whistleblowing Disciplinary investigations, enforcement and sanctions Notifications, ‘Form C’, and fitness & propriety Bonus disputes and the Remuneration Code Conduct and Pay in the Financial Services Industry considers the full extent of an individual’s employment, from pre-contractual discussions to the post-termination clawback of remuneration. It is a vital reference for lawyers and human resources professionals working within the financial services industry, both in-house and in private practice. It will also be of interest to all academics, regulators and policy-makers involved in this sector.
Author: Alexander Trukhtanov
Publisher: Taylor & Francis
Release Date: 2017-07-20
This book is the first comprehensive account of contractual estoppel. Contractual estoppel is a new and exciting development in the common law, widely employed and of considerable practical utility. The concept has been noticed by academics, mostly to be criticised as anomaly, misnomer and an objectionable policy choice, and commentary on the concept has been limited to recitation and critique of a few principal cases. Yet this book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. In this new title, the author, Alexander Trukhtanov, responds to policy objections and seeks to answer the charge that contractual estoppel is a misnomer, anomaly or distortion of reliance-based categories of estoppel, by showing that contractual estoppel is its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.
Author: John Mo
Release Date: 2003-01-01
Genre: Commercial law
Third edition text exploring international trade and commercial law first published in 1995. This edition has been updated to include the latest changes to the law in this area. Discusses international sales of goods under domestic law, contracts of sale under the CISG, contracts relating to intellectual property, contracts for carriage by sea, air and land, means of payment in international trade, international banking and finance, marine insurance, aviation insurance and international trade, foreign investment law, the WTO, regional trade organizations, international commercial litigation and conflict of laws, and alternative means of settling international commercial disputes. Includes table of cases, footnotes and index. Author is Barrister of the Supreme Courts of Queensland and Victoria.
Author: Michael G. Bridge
Publisher: Oxford University Press, USA
Release Date: 1998
This book is a systematic analysis of the modern English law of domestic sale of goods, covering in detail the following aspects of sale of goods contracts: * formation and definitions * passing of property and risk * mistake and frustration * contents of the contract and implied terms * delivery and payment * termination for breach * exclusion clauses * remedies and transfer of title. Full treatment is given to proprietary matters and the significant reforms which have taken place in recent years including the Sale and Supply of Goods Act 1994, and the Sale of Goods (Amendment) Act 1995. The general law of contract is dealt with as it affects the special contract of sale, but export sales materials are treated only to the extent that they illustrate delivery and payment. The paperback edition also includes a new preface designed for the student reader, covering recent developments in the sale of goods. This thorough and comprehensive book will be a valuable resource for students of commercial law as well as academics and practitioners working in the area.
"International Trade Law offers comprehensive analysis of international sale transactions through case law, policy documents, legislation, international conventions and rules adopted by international organisations such as the ICC."--
Author: Michael G. Bridge
Publisher: Oceana Publications
Release Date: 2007
This authoritative new edition addresses international sales of goods and covers contracts governed by English law and contracts governed by the United Nations Convention on the International Sale of Goods. Contract issues are tackled in detail as well as property matters and most notably those issues arising out of the use of documents of title, such as marine bills of lading. In addition to the rights and duties of seller and buyer, there is substantial material on bankers' documentary letters of credit. The book not only includes commentary on decided cases, but also standard form contracts which represent evolving trade practice. Readers gain a contextual understanding of the trading world in which international sales occur through a thorough and detailed case law analysis. New to this edition is commentary on the Contracts Act as well as discussions on conflict of laws, the construction of commercial contracts and e-commerce. The documentary letters of credit and the UN Convention on the International Sale of Goods are given extensive treatment in this edition.
Author: M. A. Clarke
Publisher: Oxford University Press
Release Date: 2017-04-27
Commercial Law: Text, Cases, and Materials provides students with an extensive and valuable range of extracts from key cases and writings in this most dynamic field of law. The authors' expert commentary and questions enliven each topic while emphasizing the practical application of the law in its business context. Len Sealy and Richard Hooley have been joined by four renowned experts in the field for the preparation of this edition. The authors have captured the essence of this fascinating topic at a time of significant legislative, regulatory, and political change.
La 4e de couverture indique : "Offers Practical advice on C.I.F. and F.O.B. contracts and their most common variants with easy reference to solutions for issues you may be face. Covers the nature of each sales term under both Common law and the new Incoterms ® 2010 Rules, including: property and risk in the goods, the physical shipment, the documentary tender of bills of lading, policies and certificates of insurance, licences and certificates together with payment, remedies for breach and conflict of laws. Includes commentary on all the significant legislative and contractual developments and new decisions of the European Court of Justice, the Supreme Court/House of Lords, the Court of Appeal and the Commercial Court. Covers in full the CIF and FOB Incoterms ® 2010 Rules often incorporated by reference in shipment sales of commodities and manufactured goods. Includes express references to the most common standard form contracts in current use such as the GAFTA (2010 edn), and FOSFA (2008 edn) C.I.F. and F.O.B. forms and the 2009 Institute Cargo Clauses. Includes a detailed analysis of the effects of the Uniform Customs and Practice for Documentary Credits (the UCP 600) on documentary tender and their influence on recent judicial trends"
Author: Robin Burnett
Publisher: Federation Press
Release Date: 2009
Genre: Business & Economics
This book is a successor to Robin Burnett's Law of International Business Transactions. It provides an up-to-date analysis of the legal environment for international trade and covers:the changes made to payment and letters of credit by reason of the adoption of the UCP 600, which became effective in 2007, and other means of payment which are currently used; the provisions and possible adoption of the UNCITRAL Draft Convention on the Carriage of Goods Wholly or Partly by Sea; recent developments in the law relating to international sale of goods; the question of international arbitration and other means of dispute resolution; and the strategies and issues of international operations while incorporating and building on the comprehensive information and material in the previous book.It will assist practitioners and students in their understanding of the legal and practical aspects of international and overseas trade and operations.