This book highlights the right to terminate a contract, yielding invaluable insights to enable policymakers and legal practitioners to facilitate international trade.
In the modern landscape of globalised trade, the imperative of a harmonised legal framework of contract law capable of fostering stability and trust in cross-border trade has never been more pronounced. This is represented in the United Nations Convention on Contracts for the International Sale of Goods (CISG), providing rules that can be known, understood and abided by globally. This book focuses on the termination of contracts, one of the harshest remedies when a sale of goods contract is breached by the seller. Breaches by the seller dealt in this book are confined to breaches of contractual description, delivery time and quality of goods, which are the most common violations of sale of goods contracts. This book scrutinises the methods adopted for challenging or facilitating contractual termination by CISG as a transnational law, as well as the Sale of Goods Act 1979 (SGA) and Kuwaiti law (KLaw), both of which are national laws of non-contracting states of CISG. This study also draws attention to lacunae and practical issues, focusing on critical analyses of law and cases, and recognises the adopted themes underlying each law to find the degree of their legal clarity and the threshold upon which termination can be granted. This comprehensive analysis also provides inspiration for beneficial changes by weighing the pros and cons of each system.
The book will be of interest to practitioners, students, and scholars in the fields of contract law, trade law, commercial law and international law.
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Postgraduate
Illustrationen
2 s/w Zeichnungen, 6 s/w Tabellen, 2 s/w Abbildungen
6 Tables, black and white; 2 Line drawings, black and white; 2 Illustrations, black and white
Maße
Höhe: 240 mm
Breite: 161 mm
Dicke: 22 mm
Gewicht
ISBN-13
978-1-032-71491-2 (9781032714912)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Dr Bashayer Al-Mukhaizeem holds a Ph.D. in law from the University of Sussex, complemented by a master's degree in private law from the University of Kuwait and additional master's degrees in international commercial law and information technology and intellectual property rights from the University of Sussex.
She served as a senior legal researcher at the Civil Service Commission of Kuwait. With experience as a teacher at Business Studies College and Kuwait International Law School, she is recognised for her expertise in private law, particularly in the domains of obligations, contract law, labour law, legal systems and evidence. She continues to contribute to her fields through research and practice.
Table of cases
List of legislations
1. Introduction
2. General Principles of Termination under CISG, SGA and KLaw
3. Terminating a Contract Due to the Seller's Non-Delivery/Delay in Delivering the Goods
4. Terminating a Contract Due to Misdescription
5. Terminating the Contract Due to the Inferior Quality of Goods
6. Conclusion and Assessment
Bibliography
Index
