Full Description
International Transactions in Goods: Global Sales in Comparative Context explains the complex transactional structures common in international sales, from both an international and a domestic legal perspective. In a straightforward, accessible style, this course book sets out typical business models and commercial practices, including sample legal and commercial documents, and outlining the laws that govern them. Closely attuned to practice, this course book covers transactions on a commercial scale and gives full treatment not only to legal topics, but also payment, security, carriage, and insurance, addressing both traditional topics such as letters of credit, bills of lading, and the Incoterms, as well as modern practices like electronic funds transfers, and waybills. Martin Davies and David V. Snyder emphasize the strategic questions that lawyers and businesses face when negotiating and documenting deals, and when litigating transactions that have gone awry. As many of the strategies revolve around choice of governing law, the book treats not only international law, particularly the UN Convention on the International Sales of Goods (CISG), but also exemplary domestic laws from both common law and civil law jurisdictions, including the US Uniform Commercial Code (UCC), English law, French law, and German law.
This book is designed to be accessible to students and readers of all levels, whether from common law or civil law backgrounds, by providing basic explanations of fundamental theories and attitudes in international law, common law, civil law, and international business. The format includes the methods of different traditions, with extensive text familiar to civil law readers, case excerpts familiar to common law readers, and a large array of problems-based on real cases and transactions-to demonstrate the concepts and to practice and evaluate what has been learned. The book also tackles current ethical and moral issues in international transactions, particularly the relation of law and contracting to environmental protection, workers' rights, and similar matters.
Contents
Chapter 1 An Introduction to International Sales Transactions and the Laws Governing Them ; Chapter 2 Governing Law ; Chapter 3 Negotiation, Formation, Terms, and Interpretation ; Chapter 4 The Goods ; Chapter 5 Delivery and the Passing of Risk ; Chapter 6 Payments, Credit and Performance Guarantees ; Chapter 7 Excused Performance When Circumstances Change ; Chapter 8 Remedies ; Index
