Subjects:

Consumer Law

Contents:

Part A: International Sales Governed by English Law

1. Introduction to International Sales

a. Subject Matter

b. Organizations

c. Choice of Law

d. Speculation, Hedging and String Trading

2. The Performance Obligations of Seller and Buyer in English Law

a. Interpretation of the Contract

b. Implied Terms of Quality, Fitness and Description in International Commodity Sales

c. Quantity: Entire and Severable Contracts

d. Privity of Contract

3. FOB Contracts

a. Nature of FOB Contracts

b. Readines to Load

c. Port of Shipment

d. Shipment

e. Documentary Tender

4. CIF Contracts

a. The Nature of a CIF Transaction

b. Notice of Appropriation / Declaration of Shipment

c. Timely Performance

d. Bills of Lading

e. Continuous Documentary Coverage

f. Bill of Lading

Supplemented by Charter Party

g. Delivery Orders and Bulk Shipments

h. Insurance Documents

i. Lawful and Effective Documents

j. Other documents

k. Documentary Tender and Exchange

l. Arrival of the Ship

5. Import and Export Licenses

a. Applying for Export and Import Licences

b. Guaranteed Procurement or Due Diligence to Procure?

6. Payment

a. Introduction

b. Negotiabile Instruments

c. Bank Collections and Letters of Credit

7. Impossibility of Performance

a. Initial Impossibility (Mistake)

b. Subsequent Impossibility (Frustration)

8. Passing of Property and Risk

a. Passing of Property

b. Reserving the Right of Disposal

c. Transfer of Risk

d. Retrospective appropriation of Lost Cargoes

9. Bills of Lading and Documents of Title

a. The Buyer and the Carrier

b. Bill of Lading as a Document of Title

c. Evidentiary Function of Bills of Lading

d. Bills of Lading: Other Matters

e. Other Shipping Documents

f. Non-Negotiable Documents and the Power to Transfer Title

g. Alternatives to the Negotiable Bill of Lading

10. Remedies: Termination and Damages

a. Termination of the Contract

d. The Integrity of the Documentary Exchange

c. Damages

d. Excluding the Sale of Goods Act Rules

e. The Twin Rights of Rejection and the Seller's Damages Liability

Part B: International Sales Governed by the UN Sales Convention 1980 (CISG)

11. The CISG: General Issues

a. Introduction

b. Background to the CISG

c. Sphere of Application

d. Field of Operation

e. Exclusions

f. Role of UNIDROIT Principles

g. Interpretation and Good Faith

h. Filling Gaps in the Coverage of the CISG

i. Excluding the CISG

j. Reservations and Declarations

k. Usages and Practices

12. The CISG and English Law Compared

a. Formation of the Contract

b. Conformity of the Goods

c. Avoidance

d. Anticipatory Breach

e. Cure and Notice of Defect

f. Rejection of the Goods

g. Requiring Performance

h. Money Claims

i. Frustration of Contract

This book deals with 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. It deals with contract issues as well as with property matters and most notably addresses 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 with standard form contracts which represent evolving trade practice. It aims to be an authoritative work and to offer a thorough and detailed analysis of extensive case law. The text also aims to give the reader a contextual understanding of the trading world in which international sales occur. New to this edition is commentary on the Contracts (Rights of Third Parties) Act 1999 as well as discussions on conflict of laws, the construction of commercial contracts and electronic documentation. The documentary letters of credit and the UN Convention on the International Sale of Goods are given extensive treatment in this edition.

• This edition includes extended treatment of documentary letters of credit and an expanded coverage of the UN Convention on the International Sale of Goods.

• Includes a new general discussion of the Contracts (Rights of Third Parties) Act 1999, as well as new material on the conflict of laws and the construction of commercial contracts.