Sales Law Domestic and International

ISBN-10: 1599412659

ISBN-13: 9781599412658

Edition: 2nd 2009 (Revised)

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Description: Authoritative coverage describes and analyzes the law of sales under Article 2 of the Uniform Commercial Code, as well as under the United Nations Convention on Contracts for the International Sale of Goods. Text provides the framework for sales and governing law, contract formation, implied terms, formal requirements, performance, and risk of loss. Also covers remedies, the rights to goods, and documentary sales.

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Book details

List price: $44.00
Edition: 2nd
Copyright year: 2009
Publisher: West Academic
Publication date: 11/24/2008
Binding: Paperback
Pages: 535
Size: 6.25" wide x 9.50" long x 1.00" tall
Weight: 2.002

Preface
Table of Contents
Introduction to Sales Law
Introduction to the Statutory Development of Commercial Law
Article 2 of the UCC
The United Nations Convention on Contracts for the International Sale of Goods
Principles of Sales Contracts - Herein of Default Rules
Commercial Contracts as Discrete and Relational Contracts - Herein of Reputation
Reputation and Relational Contracts
Reputation Without Repetition
Governing Law
Scope of Sales Law Under Article 2
Choice of Law Under the UCC
Transactions within Article 2: Definition of "Goods"
Merchants
Mixed Sales and Services, Software
Leases and Other Transactional Forms
The Scope of the CISG
Choice of Law under the CISG
Types of Transactions Subject to the CISG
Exclusions
Mixed Sales and Service Contracts
Leases
The Principle of Issue-Displacement
Formation of the Contract
Introduction: The Evaluation of Formation Rules
Offer and Acceptance
Article 2's Approach to Formation Rules
Irrevocable Offers Under Article 2
The CISG's Formation Rules
Opting Out of the CISG's Formation Rules
The CISG's Formation Rules Illustrated: Six Hypotheticals
Offer-Varying Acceptance: The Battle of the Forms
Under Article 2
Introduction
Problems in [section] 2-207's Interpretation
Under the CISG
Section 2-207 and Article 19 Evaluated
Rolling Contracts and Article 2
Modification
Under Article 2
Under the CISG
Implied Terms
Trade Usage, Course of Dealing, Course of Performance
Under the UCC
Under the CISG
Open Terms
Open Price Terms Under the CISG
Open Quantity Terms
Evaluating Supplied Terms: Herein of "Best Efforts"
Formal Requirements
Introduction: Permissive Rules, Mandatory Rules, and Externalities
The Statute of Frauds
Introduction
Justifying the Statute of Frauds
Article 2's Statute of Frauds
Section 2-201's Statutory Requirements
Exceptions to the Statute of Frauds
Ethics and the Statute of Frauds
The CISG and the Statute of Frauds
The Parol Evidence Rule
Article 2's Parol Evidence Rule: [section] 2-202 Outlined
Excluding Trade Usage
Two Standards of Contradiction
The Process of Exclusion
Warranties and the Parol Evidence Rule
The CISG and the Parol Evidence Rule
Is the Parol Evidence Rule Displaced?
Contracting for the Parol Evidence Rule
Unconscionability
Under the UCC
Section 2-302's Standard of Unconscionability
Unconscionability Applied
Unconscionability Evaluated
The CISG and the Domestic Law of Unconscionability
Performance
Introduction: Allocating Losses and Monitoring Performance
Insecurity and Adequate Assurances of Performance
Under the UCC
Introduction
Demand for Adequate Assurances
Reasonable Grounds for Insecurity
Adequate Assurances of Performance
Suspending Performance Under the CISG
Anticipatory Repudiation
Under the UCC
Under the CISG
Tender, Acceptance, Rejection, Cure Under the UCC
Tender and Inspection
Inspection in Documentary Transactions
Acceptance and Rejection
Introduction: Neutralizing Strategic Behavior
Perfect Tender
What Constitutes Acceptance?
Burden of Proof Concerning Defects
Acts Inconsistent With Seller's Ownership
Buyer's Obligations on Rejection
Cure
Introduction
Technical Requirements
Curing with a Conforming Tender
Cure in the Courts: Repair and Interpretation
Revocation of Acceptance
Introduction
Substantial Impairment "to Him"
Post-Revocation Cure
Inspection, Avoidance, and Cure under the CISG
Inspection and Notice of Defects
Cure and Avoidance Under the CISG
The Burden of Proving Nonconformity Under the CISG
Excuse
Introduction
Under the UCC
Under the CISG
Risk of Loss
Introduction: Loss Allocation in Transactional Settings
Risk of Loss Under the UCC
Risk of Loss Where Seller Retains the Goods
Risk of Loss Where Goods are Held by a Bailee
Risk of Loss During Transit
Opting Out of Risk of Loss Provisions
Risk of Loss in the Event of Breach
Risk of Loss Under the CISG
When Does Risk of Loss Pass?
Risk of Loss in the Event of Breach
Burden of Proof
Warranties
Introduction: Allocating the Risk of Quality
Warranties Under the UCC
Express Warranties
Who Can Make the Warranty?
How is the Warranty Created?
Basis of the Bargain
Advertising and Warranty
Post-Bargain Warranties
Implied Warranty of Fitness for a Particular Purpose
Who Can Make the Warranty?
How is the Warranty Created?
Implied Warranty of Merchantability
Who Can Make the Warranty?
How is the Warranty Created?
Disclaiming Warranties
Should Warranties be Disclimable?
Disclaiming Warranties Under [section] 2-316
Who Receives the Benefit of Warranties? Herein of Privity and Personal Injury
Federal Law and UCC Warranties of Quality
Introduction
The Magnusson-Moss Warranty Act
Preemption by Federal Law
Warranty of Good Title
"Warranties" Under the CISG
Remedies
Introduction: Allocating the Loss of Transactional Breakdown
Money Damages
Under the UCC
Substitute Performance: Resale and Cover Under [section] 2-706(1) and [section] 2-712(1)
Market Price Damages
Proof Costs
Election of Remedies
Lost Profits: [section] 2-708(2)
Measuring Lost Profits
Recovering Lost Profits Under [section] 2-708(2)
The Accepting Buyer's "Value Difference"
[section] 2-714(2)'s Measure of "Value"
The Relation Between [section] 2-714(1) and (2)
Measuring Damages for Breach of Warranty of Title
Under the CISG
Substitute Performance: Article 75
Market Price Damages: Article 76
Reduction of the Price
Article 50's Formula
Article 50's Use
Why Allow Price Reduction?
Interest and its Calculation
Specific Relief
Under the UCC
Seller's Action for the Price
[section] 2-709's Technical Requirements
[section] 2-709's Justification
Specific Performance
Under the CISG
The Routine Availability of Specific Relief
Article 28's Restriction of Specific Relief
Contractually Stipulated Remedies
Liquidated Damages
Remedy Limitations and Damage Exclusions
Allocating Risk of Nonconformity
The Relation Between Damage Exclusions and Remedy Limitations
The CISG: Liquidated Damages, Remedy Limitations, and Damage Exclusions
Right to Goods: Bona Fide Purchase and Reclamation
Good Faith Purchase Rules
The Nemo Dat Principle and Its Exceptions
The Reach of "Voluntary Transaction"
"Entrustment" and the Passage of Title
Seller's Right to Recover and Reclaim Goods
Goods-Oriented Remedies Under the CISG
Documentary Sales
Introduction: Allocating Performance Risks
Payment Terms: Letters of Credit and Payment Risks
Introduction
Formal Requirements
Issuer's Duty to Pay: Strict Compliance Standard
Issuer's Duty to Pay: Waiver, Estoppel and Preclusion
The Issuer's Right Not To Pay: The Independence Principle and the Fraud Exception
The Independence Principle
The Fraud Exception
Two Types of Fraud
What is Fraud?
The Protected Class of Presenters: [section] 5-109(a)(1)
Justification
Justifying [section] 5-109(a)(1)'s Protection
Justifying the Fraud Exception
Table of Cases
Index
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