This work provides a much-needed detailed treatment of the international sale of commodities. It focuses on all the key issues in international commodity sales, including the contractual construction of FOB and CIF terms, import/export licenses, frustration and risk, termination for breach, and damages. An important feature of the book is the comprehensive analysis of the legal principles that arise from terms of the standard contracts promulgated by trading associations such as GAFTA and FOSFA. The book also includes detailed coverage of all the important recent statutory developments in the law of sale, namely, the Carriage of Goods by Sea Act 1992 and the Sale of Goods (Amendment) Act 1995. There is also in-depth analysis of the UN Convention on the International Sale of Goods.
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ISBN-13
978-0-19-876490-8 (9780198764908)
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Schweitzer Klassifikation
Preface; Table of Statutes; Table of Cases; Glossary; The International Sales Background; Subject matter; Organisations; Sources of law; Quality, fitness and description in international commodity sales; Quantity: entire and severable contracts; Speculation, hedging and string trading; The CISG: General Issues; The CISG and English Law Compared; FOB Contracts; CIF Contracts; The nature of a CIF transaction; Notice of Appropriation/Declaration of Shipment; Timely performance; Bills of Lading; Continuous Documentary Coverage; Contract of Carriage and Charterparties; Delivery Orders; Insurance Documents; Lawful and Effective Documents; Other Documents; Documentary exchange; Arrival of the ship; Payment; Introduction; Negotiable instruments; Bank collections and letters of credit; Import and Export Licences; Applying for Export and Import Licences; Guaranteed Procurement or Due Diligence to Procure?; Impossibility of Performance; Initial Impossibility (Mistake); Subsequent Impossibility (Frustration); Remedies: Termination and Damages; Termination of the Contract; The Integrity of the Documentary Exchange; Damages; Excluding the Sale of Goods Act Rules; The Twin Rights of Rejection and the Seller's Damages Liability; Passing of Property and Risk; Passing of Property; Reserving the Right of Disposal; Transfer of Risk; The appropriation of lost cargoes; Bills of Lading and Documents of Title; The buyer and carrier; Bills of lading as documents of title; Evidentiary function of bills of lading; Bills of lading: other matters; Other shipping documents; Non-negotiable documents and the power to transfer title; Alternatives to the negotiable bill of lading; Index; APPENDICES; FOSFA Contract No. 53; GAFTA Contract No. 100; Carriage of Goods by Sea Act 1992; Vienna Convention on the International Sale of Goods 1980
