Author: Michael Rustad
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 588
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Book Description
This book analyzes the full range of complex legal issues that arise from domestic and international sales, leases and licenses. The author outlines preventive law tactics and planning strategies for all important aspects of domestic and cross-border sales, leases and licenses. The concepts of international contract law are illustrated through the activities of a hypothetical import/export company. The use of the hypothetical teaches practical as well as doctrinal principles of domestic and international contract law. This book uses practical examples and explanations to compare and contrast UCC Article 2 with CISG but also places licensing and leases in a global context. The book is divided into three parts so that individual instructors may select particular subjects which they wish to cover, in the order of their choosing. Each chapter provides helpful hints, practice points and practice problems in an accessible format. This comparative commercial law book is the first to provide extensive coverage of procedural, cultural and localization issues in cross-border commerce. The book is appropriate for a course in international contract law, sales and leases, or comparative commercial law.
Author: Dr. V.V.L.N. Sastry
Publisher: Dr. V.V.L.N. Sastry
ISBN:
Category : Law
Languages : en
Pages : 37
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Book Description
The process that led to the creation of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the convention itself have set a solid benchmark for commercial law unification since the 1980s. The United Nations Commission on International Trade Law (UNCITRAL) formulated the CISG in an environment bedevilled by political, as well as regional, divisions, which are typical of many of the United Nations (UN) bodies. By and large, the CISG sets down a uniform, or standardised, global goods sale law. As at present, 88 nation-states have since ratified the CISG, joining its global regime. Arguably, the CISG has succeeded markedly in moving the world towards the realisation of the largely elusive objective of standardised legal outcomes on a strictly international scale. Owing to the existence of the CISG, exporters are capable of steering clear of choice of law worries. That is because the CISG presents conventional substantive rules that can be dependent upon by not only arbitrators but also the courts and contracting parties. Clearly, the CISG, is a striking success.
Author: Dr. V.V.L.N. Sastry
Publisher: Idea Publishing
ISBN:
Category : Law
Languages : en
Pages : 71
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Book Description
This research provides an analysis of the comparison between the English sales law and the Vienna Convention on Contracts for the International Sale of Goods (CISG). The two laws have different features that explain the preference of commercial merchants towards the use of the English sales law. It is in this context, a secondary study subjected to narrative review into, how do the features of the English sales law compare with the features of the CISG Act, and what competitive advantages and disadvantages do the English sales law and the CISG Act present over each other; and what features distinguish English Sales Law from CISG to make international businesspersons prefer operating under the English sales law to operating under the CISG, will help understand the intricacies that make English sales law a preferred choice. The ambiguity of the CISG is one of the factors that reduces its attractiveness. Uncertainty in the interpretation of CISG is one of the main reasons as to why it is unattractive in facilitating international commercial transactions. In some instances, the courts may issue contradictory interpretations of the law. In addition, CISG is a fragmentary law as opposed to English sales law, which is a comprehensive body of law. The paper also provides a recommendation on how to tackle some of the limitations inherent in CISG. Lastly, the findings of the study aid in improving the understanding of how best businessmen can make use of and work within the boundaries of the legal English Sales Law as well as of the CISG with an aim to bring about growth in businesses.
Author: Larry A. DiMatteo
Publisher: Kluwer Law International B.V.
ISBN: 9403528400
Category : Law
Languages : en
Pages : 804
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Book Description
For well over a decade, this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fifth edition expands on issues discussed in the earlier one, along with new topics that continue to redefine the researching, drafting, and execution of international contracts. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses, contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in the appendices. Some of the new issues and topics covered include: new potential causes of force majeure and hardship (pandemics and BREXIT); review of Incoterms 2020; new clauses covered (anti-slavery, exclusion, interpretation, no-waiver, sub-contracting, sustainability clauses, among others); rise of new international commercial courts; legaltech, smart contracts, and artificial intelligence; ethics; implementation of technology in legal practice; enforceability of penalty clauses; Internet sales and agency contracts; long-term contracts and goodwill compensation; data protection and the General Data Protection Regulation (GDPR); alliance, collaboration, and cooperation agreements; noncompete and nonsolicitation clauses; e-mail disclaimers; and separation and release agreements. The book acts as a single-volume reference in the negotiating and drafting of international contracts and offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. An adroit combination of contract theory and contract practice, the book continues to provide guidance to law practitioners and students alike. “International Contracting is an excellent single volume reference that highlights the different issues relating to a variety of contracts. I recommend it to drafting attorneys writing domestic as well as transborder contracts.” – Christopher E. Howard (complex commercial transactions and development projects), Managing Partner, Pierce Atwood LLP, Portland, Maine “The latest edition of Professor DiMatteo's International Contracting constitutes a broad yet detailed coverage of international contract law and laws, as well as international practice. It drills down into the level of detail that supplies invaluable practical guidance of the sort not to be found in other publications.” – Professor Michael G. Bridge, London School of Economics “International Contracting is an ideal source for practitioners whether of the civil or common law. It also provides a concise review of international contracting issues and practices for the scholar and student interested in this area of law. I highly recommend it as a general resource on the topic.” – Michel Cannarsa, Dean & Professor, Lyon Catholic University
Author: Anthony DeWitt
Publisher: Jones & Bartlett Learning
ISBN: 0763758477
Category : Business & Economics
Languages : en
Pages : 353
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Book Description
Get the answers you need to questions such as: What can I discuss under HIPAA with the patient's family? What must I get permission to speak about from the patient? Who can make end-of-life decisions if there is no next-of-kin? When do I need to get a legal opinion? What do I say to a Board Investigator? Legal First Aid: A Guide for Health Care Professionals is a definitive quick reference for the clinician, providing the answers to legal question that relate to patient care. A concise and easy to understand text, this book provides solid advice on important legal issues, and includes a resou
Author:
Publisher:
ISBN: 9781522110248
Category : Computer software
Languages : en
Pages :
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Book Description
Author: Bryan D. Hull
Publisher: Aspen Publishing
ISBN: 1454818700
Category : Law
Languages : en
Pages : 402
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Book Description
In a logical and persuasive manner, this class-tested casebook first provides background information about UCC Article 2 and the CISG, then addresses key issues in the order in which a lawyer is likely to encounter them in practice: Which law is applicable? Has a contract been formed? What are the terms of the contract? Has the contract been performed? If not, what are the available remedies for the injured party? Finally, the text concludes by considering third parties involved in the sales transactions and the law governing their obligations.Many problems refer students to international collections found on the Internet, and the text provides references to both unrevised and revised UCC Article 1. The Second Edition has been updated to reflect the newer version of the INCOTERMS (INCOTERMS 2010), and the Uniform Customs and Practice for Documentary Credits (UCP 600). Discussion of UCC Article 2 has been revised as a result of the Uniform Law Commission and American Law Institute dropping the proposed amendments. Features: Provides background information about UCC Article 2 and the CISG Addresses key issues in the order encountered in practice Which law is applicable? Has a contract been formed? What are the terms of the contract? Has the contract been performed? If not, what are the available remedies for the injured party? Covers third parties involved and the law governing their obligations Combines cases and problems for teaching flexibility a case analysis structure a problems approach a combination of the two. Provides explanatory material to teach basic principles before casesandproblems introduced Presents contemporary, carefully edited cases Includes such cases as Hill v. Gateway (contract formation), Medical Marketing International v. Internazionale Medico Scientifica (warranties under the CISG and confirmation of an arbitral award), MCC-Marble Ceramic Center v. Ceramica Nuova D’Agostino (parol evidence and the CISG), Zabriskie Chevrolet v. Smith (contract performance under the UCC), Delchi Carrier SpA v. Rotorex Corp. (remedies under the CISG), Chatlos Systems v. National Cash Register (calculation of damages under the UCC), Robinson Helicopter Company v. Dana Corporation (availability of tort remedies), and Specht v. Netscape Communications Corp. (contract formation in licensing transaction over the Internet). Many problems refer to international collections on the Internet Provides references to both unrevised and revised UCC Article 1
Author:
Publisher:
ISBN:
Category : Bibliography
Languages : en
Pages : 224
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Book Description
Author: Andrew M. St. Laurent
Publisher: "O'Reilly Media, Inc."
ISBN: 0596005814
Category : Business & Economics
Languages : en
Pages : 208
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Book Description
The book wraps up with a look at the legal effects--both positive and negative--of open source/free software licensing.
Author: Michael L. Rustad
Publisher: Routledge
ISBN: 1317260228
Category : Political Science
Languages : en
Pages : 320
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Book Description
"Your toolkit for prevention, redemption, and occasionally retribution." -Ralph Nader Whenever you purchase goods or services in a personal, household, or family capacity, you are entitled to the rights and remedies of state and federal consumer law. Realistically, only a very small percentage of consumer problems can be addressed by hiring a private attorney. Everyday Law for Consumers teaches practical self-help remedies that ordinary Americans can use to protect their consumer rights. Michael L. Rustad, a nationally known practicing attorney and legal scholar, translates into plain English the legalese that forms the basis for many common transactions, including consumer loans, credit repair, credit, consumer leases, usury, interest rates, Internet transactions, identity theft, distance contracts, home shopping, television advertisements, door-to-door sales, and telephone solicitations. Using real-life examples, sample complaint letters, and an appendix of further examples, this easy-to-read book empowers everyday people to become effective self-advocates in an increasingly consumer-driven society.
