Djakhongir Saidov

Conformity of Goods and Documents (eBook, ePUB)

The Vienna Sales Convention

• Format: ePub

Produktbeschreibung

This book provides a detailed examination of the issue of conformity of goods and documents under the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG). This issue lies at the heart of sales law and is one of the most frequently litigated. The book explores: the Convention's requirements as to quality, quantity, description and packaging of the goods (conformity); the requirements flowing from the need for the goods to be free from rights or claims of third parties; and the questions of what documents the seller must deliver to the buyer and what constitutes a 'good' document under the CISG. The book engages extensively with a substantial body of cases decided under the CISG and academic commentary. It systematises the Convention's experience to date with a view to turning it into an integrated, comprehensive and distinctive CISG legal regime on conformity of goods and documents. The analysis is comparative and draws on the experience of some major domestic legal systems, such as English and US law. The focus is both analytical and practical. The book will be of interest to legal practitioners, academic lawyers and students with an interest in international and comparative sales, commercial and contract law.

Produktdetails

• Verlag: Bloomsbury UK eBooks
• Seitenzahl: 318
• Erscheinungstermin: 30. April 2015
• Englisch
• ISBN-13: 9781782258889
• Artikelnr.: 44170515

Autorenporträt

Djakhongir Saidov is Professor of Commercial Law at The Dickson Poon School of Law, King's College London, UK, a Consultant to Helmsman LLC, Advocates & Solicitors, Singapore, and an Academic Fellow at the Centre for Maritime Law at the National University of Singapore.

Inhaltsangabe

1. Introduction I. A Brief Introduction to the CISG II. The CISG Today and
the Purpose and Scope of this Book III. Rules on Conformity of the Goods:
Underlying Considerations IV. The Seller's Liability and the Buyer's
Remedies V. Conformity of Goods and Documents: Broader Insights into the
CISG A. General B. Is the CISG a Well-Developed Sales Law? C. Developing
Substantive Content Within a 'Minimalist' Structure D. Is the CISG the Best
Law for International Sales? E. Defining the Boundaries of the CISG (i)
General (ii) Proof (iii) Validity 2. Contractual Provisions on Conformity
of the Goods I. General II. Pre-contractual Representations and Conduct A.
Puffery and Opinions B. Public Statements C. Direct Communications Between
the Parties D. Buyer's Knowledge III. Post-contractual Statements and
Conduct IV. Description V. Quality A. Definition B. Various Formulations of
Quality Standards C. Industry or Public Law Standards D. Legislative
Changes and/or Knowledge Acquired Subsequent to the Contract E. Guarantee
and Durability F. Quantity and Packaging 3. Fitness for a Particular
Purpose I. Legal Nature of the Implied Rules on Conformity II. Fitness for
a Particular Purpose: General Considerations III. Relationship with Article
35(1) CISG IV. Defining a Particular Purpose V. Conditions in a Specific
Place A. Public Law Regulations B. Industry Standards and Standards Adopted
by Private Entities and Trade Associations C. Climatic and Other Conditions
VI. Durability VII. Making Known VIII. Reliance on the Seller's Skill and
Judgement IX. Proof A. Burden of Proof B. Standard of Proof C.
Admissibility of Evidence 4. Fitness for Ordinary Use I. General II. Does
Article 35(2)(a) CISG Imply a Certain Level of Quality? A. Does Article
35(2)(a) CISG Require an Inquiry into the Notion of Quality? B. Different
Quality Tests: The Debate III. Ordinary use IV. Description V. Durability
VI. Health and Safety VII. Instructions, Manuals and Labels VIII. Servicing
and Spare Parts IX. Minor Defects, Appearance and Finish X. Public Law
Regulations A. Informational Asymmetry and Guidelines in New Zealand
Mussels B. Imperative of a Case-by-Case Analysis C. Changes to Public Law
Regulations and Other Related Changes Subsequent to the Time of Assessing
Conformity D. Legal Nature of Public Law Regulations and the Reality of
their Enforcement E. Is Article 35(2)(b) CISG Better Suited than Article
35(2)(a) to Deal with the Case of Public Law Regulations? XI. Proof 5.
Conformity with a Sample or Model and Packaging; Exemptions from Liability
I. Conformity with a Sample or Model A. General B. How Far is a Sample or
Model Allowed to 'Speak'? C. Relationship with Contractual Provisions and
Other Terms Implied under the Convention D. Public Law Regulations E. Proof
II. Packaging A. General B. Usual Manner C. 'Adequate Manner' D. Defective
Packaging with Goods being Otherwise Conforming E. Proof III. Exemptions
from Liability A. Buyer's Knowledge (i) General (ii) Actual Knowledge (iii)
Implied Knowledge B. Article 39 CISG C. Disclaimers 6. Third Parties'
Rights or Claims in Respect of the Goods (Article 41 CISG) I. General II.
Third Parties' Rights III. Third Parties' Claims IV. Relevant Time V.
Freedom of the Goods from a Third Party's Right or Claim VI. Seller's
Rights or Claims VII. Exemptions A. Buyer's Agreement B. Buyer's Notice C.
Exclusion Clause VIII. Domestic Rules on Validity 7. Third Parties' Rights
or Claims Arising from Intellectual Property (Article 42 CISG) I. General
II. Industrial or Other Intellectual Property III. Rights or Claims A.
General B. Frivolous Claims C. Relevant Time D. Seller's Knowledge IV.
Territorial Restrictions V. Exemptions from Liability A. Buyer's Knowledge
B. Compliance with the Buyer's Specifications C. Other Exemptions VI.
Burden of Proof VII. Concluding Observations VIII. Freedom from Third
Parties' Rights or Claims: an Aspect of 'Conformity'? 8. Conformity of
Documents I. Introduction II. Typical Documents: An Overview A. Transport
Documents B. Other Documents III. Conformity of Documents A. Documentary
and 'Physical' Obligations B. What Documents Must the Seller Deliver? C.
Conformity of Documents (i) Transport Documents: Contractual Requirements
(ii) Transport Documents: Contractual Silence (iii) Other Documents IV.
Quality, Quantity, Origin and Other Certificates: Conformity and Beyond A.
General B. Conformity C. Finality Clause D. Certificate as
Extra-contractual Documentary Evidence V. Emerging Themes A. Is the CISG a
Construction Site for Documentary Duties? B. Assessing Conformity: Face of
Documents versus Extrinsic Factual Inquiry C. Attack on Party Autonomy and
Legal Certainty D. Documentary Performance and the Future of the CISG