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: Indira Carr
Publisher: Taylor & Francis
Release Date: 2010
In todays globalised world, an understanding of international trade is essential for those studying and practising law, business, banking and finance. International Trade Law offers a comprehensive and informed analysis of the complexities of an international sale transaction through case law, policy documents, legislation, international conventions and rules adopted by international organisations such as the ICC. Focusing on international sales of goods and the various relations that arise as a result of sale contract, this book considers and discusses: Standard trade terms, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts 2004; Issues relating to E-Commerce including electronic transport documents, especially electronic bills of landing; International transportation of cargo, both unimodal (sea, air, land and rail) and multimodal, the various conventions affecting such transportation and the proposed new convention drafted by UNCITRAL and CMI; Insurance and payment mechanisms, in particular letters of credit and the recently adopted UCP 600; Dispute resolution including issues of jurisdiction, applicable law, arbitration and mediation; Corruption as a major challenge to conducting business and the various anti-corruption conventions, in particular the OECD Anti-Bribery Convention 1997 and the UN Convention Against corruption 2003. Accessible to students encountering this often challenging area of the law for the first time, International Trade Law clarifies a range of topics through Tables and diagrams, and directs the reader to relevant further reading, online resources, and journal articles throughout
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.
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: Charles Debattista
Publisher: Bloomsbury Professional
Release Date: 2008
concise, well-argued answers…extremely useful addition to the armoury of practitioner and academic alike… Cambridge Law Journal The new third edition of Professor Charles Debattista's well-respected book takes a unique look at the sale of goods carried by sea under bills of lading It looks at the document as an instrument of international trade, concentrating on the different things that sellers, buyers and banks want out of bills of lading. It also looks at the practical and legal problems which arise when the sale, carriage and letter of credit contracts do not agree on what the bill of lading should look like Fundamental developments covered Since the last edition several cases have come to the English courts re-examining fundamental practical problems with bills of lading: * Must a straight bill of lading be presented for delivery of goods>* When can a carrier clause a bill Does the letter of credit help in identifying the carrier under a bill of lading? These questions lie at the centre of the sometimes difficult connections between the contracts of sale, carriage and letter of credit No shipping or international trade practitioner should be without a copy of this book Important changes since the last edition * The UCP600 and the ensuing change of rules regulating the tender of shipping documents under letters of credit * The Starsin  1 Lloyd's Rep 571 on identity of the carrier and the link with letters of credit * The Rafaela S  Lloyd's Rep 347 on what is a document of title * Scottish & Newcastle v Ghalanos  UKHL11 on the nature of an fob contract * The Ythan  1 Lloyd's Rep 457 on the liability of a receiver of goods towards the carrier * Incoterms 2000 Rules of practice regarding international sales, revising the 1990 version * Uniform Customs and Practice for Documentary Credits (UCP600)
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"