Global Sales and Contract Law

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Ingeborg Schwenzer (Dean, Dean, Swiss International Law School) Edgardo Muñoz (Professor of Law, Professor of Law, Universidad Panamericana, Guadalajara, Mexico)

Global Sales and Contract Law

Ingeborg Schwenzer (Dean, Dean, Swiss International Law School), Edgardo Muñoz (Professor of Law, Professor of Law, Universidad Panamericana, Guadalajara, Mexico)

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English

Oxford University Press
20 September 2022

Transnational commercial law; Private international law & conflict of laws; Commercial law; Sale of goods law; Contract law

The second edition of Global Sales and Contract Law continues to provide comparative analysis of domestic laws of sale and contract in over sixty countries, delivering a global view of national and international sales law. The book is grounded in the practical realities of sales law, reflecting the day-to-day issues faced by practitioners. Complex questions of the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all analysed. In addition to coverage of the CISG and various national regimes, the book examines regional projects, like the the UNIDROIT PICC, the PECL, the DCFR and the PLACL, and compares differences in domestic legal approach where the CISG would not apply. The new edition covers all the relevant case law, and factors in developments such as changes to the law of contract in Argentina, France, Hungary, and Japan, a raft of countries which have adopted the CISG since the first edition, updates to the UNIDROIT PICC, and new editions of the ICC's INCOTERMS© and force majeure and hardship clauses in 2020. International or multilateral developments that were envisaged in the original edition have now either evolved or disappeared, for example, the European Union's plan for a Common European Sales Law (CESL), as reflected in the new edition.

Encompassing all aspects of sale of goods transactions, and examining the process of a sale with relation to general contract law, the book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law remains the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a source for any practitioner dealing in international commerce.

By: Ingeborg Schwenzer (Dean Dean Swiss International Law School), Edgardo Muñoz (Professor of Law, Professor of Law, Universidad Panamericana, Guadalajara, Mexico)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 2nd Revised edition
Dimensions: Height: 252mm, Width: 181mm, Spine: 57mm
Weight: 2g
ISBN: 9780198871255
ISBN 10: 0198871252
Pages: 1184
Publication Date: 20 September 2022
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Introduction I. SALES LAW: DEVELOPMENT AND MODERN PRACTICE 2: Development of Domestic Sales Laws 3: Uniform Laws and Projects 4: Contract and the Laws 5: Modern Practice of International Sales Law II. AMBIT OF SALES LAW 6: General Remarks on the Ambit of Sales Law 7: The Concept of Goods 8: Identifying the Boundaries of a Sales Contract III. FORMATION OF THE CONTRACT 9: General Remarks on Contract Formation 10: Offer and Acceptance 11: Electronic Communications 12: Standard Terms 13: Agency 14: Modification of Contract IV. VALIDITY 15: General Remarks on Validity 16: Capacity to Contract 17: Mistake and Error 18: Fraud and Duress 19: Consequences of Mistake, Fraud, and Duress 20: Illegality and Immorality 21: Excessive Benefits and Unfair Advantages 22: Form Requirements V. PRE-CONTRACTUAL LIABILITY 23: General Remarks on Pre-Contractual Liability 24: Pre-Contractual Duties 25: Pre-Contractual Liability VI. CONSTRUCTION OF CONTRACT 26: Interpretation and Supplementation 27: Practices and Usages VII. OBLIGATIONS OF THE SELLER 28: General Remarks on Seller s Obligations 29: Delivery 30: Documents and Costs 31: Conformity of the Goods 32: Third Party Property Rights 33: Industrial and Intellectual Property Rights 34: Examination and Notice VIII. OBLIGATIONS OF THE BUYER 35: General Remarks on Buyer s Obligations 36: Payment 37: Taking Delivery IX. PASSING OF RISK 38: Passing of Risk X. TRANSFER OF TITLE 39: Transfer of Title 40: Transfer of Title by a Non-Owner XI. REMEDIES FOR BREACH OF CONTRACT 41: General Remarks about Remedies 42: Suspension of Performance 43: Specific Performance 44: Damages 45: Exemption 46: Interest 47: Avoidance 48: Price Reduction 49: Concurrent Remedies XII. UNWINDING OF THE CONTRACT 50: Unwinding of the Contract XIII. LIMITATION OF ACTIONS 51: Limitation of Actions

Ingeborg Schwenzer is a highly regarded academic teaching and writing on international sale of goods law. She is Dean of the Swiss International Law School and Professor Emerita of Private Law at the University of Basel, Switzerland. She also served as the Chair of the CISG Advisory Council between 2011 and 2018. Edgardo Muñoz is Professor of Panamericana University, Mexico, and Course Leader for the Online LLM on International Commercial Law and Dispute Resolution at the Swiss International Law School, Basel. He has written widely on international sales law in English and Spanish.