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Book Drafting Contracts Under the CISG

Download or read book Drafting Contracts Under the CISG written by Harry M. Flechtner and published by Cile Studies. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The CISG is the United Nations Convention on Contracts for the International Sale of Goods; a treaty ratified by about 70 countries that provides a uniform international sales law. The occasion of the CISG's 25th anniversary signals something extremely significant in the world of international commercial law: the true coming of age of the CISG, as evidenced by (and as a result of) several thousand available court and arbitration decisions world-wide applying the CISG. To celebrate this occasion, a conference was organized by the University of Pittsburgh's Center for International Legal Education and the United Nations Commission on International Trade Law (UNCITRAL). Drafting Contracts Under the CISG is a collaborative and important result of that conference. This publication brings together the intellectually sophisticated yet extremely practical and original contributions written by leading CISG scholars from around the globe and practitioners experienced in dealing with the CISG. Included are 140 sample clauses, a complete model sales agreement, and contextual analysis of contract drafting issues. The CISG is a new reality and is very relevant to US attorneys at the planning and negotiation stages of a sales transaction. It is increasingly the case that a lawyer in the US, or virtually anywhere else, cannot adequately serve a client's needs without knowledge of and skill in using the Convention to help, for example, prevent transactions from aborting over choice of law conflicts, and to offer alternatives that can resolve bargaining impasses. International commercial lawyers will find sample clauses dealing with major contract issues under the CISG, including: - opting into the CISG while providing an appropriate gap-filling source of law - passage of risk of loss - right to inspection of goods - force majeure - warranties and warranty disclaimers - limitations on remedies - choice of forum - pre-contractual relationships and prior communications - confidentiality of negotiations - retention of the power of revocation of an offer - strict time limits for acceptance of an offer - the "battle of the forms" - the law governing contract validity - parole evidence - party rights upon breach - notice requirements to preserve rights - notice of avoidance - entitlement to interest - specific performance versus damages - buyer's right to substitute goods

Book International Sales Agreements

Download or read book International Sales Agreements written by James M. Klotz and published by Kluwer Law International B.V.. This book was released on 2018-05-07 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement to rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs – all these and more – must be taken into account in contract negotiations. This is the third edition of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organized according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of sample clauses designed to cover every contingency, including such factors as the following (and a great deal more): • definitions; • price adjustments; • labelling; • transportation modes; • confidentiality; • INCOTERMS; • documentation; • delivery dates; • limitation of liability; • arbitration; and • corruption. Although the clauses are drawn without reference to any particular country, relevant considerations are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law. For lawyers charged with drafting an international sales contract, this book is invaluable. Clause by clause, it clearly details the drafting process, commenting expertly on every issue likely to arise. It would be hard to find a more useful guide.

Book A Practical Guide to Drafting Contracts

Download or read book A Practical Guide to Drafting Contracts written by Cynthia M. Adams and published by Aspen Publishing. This book was released on 2020-02-02 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: From concept to closure, A Practical Guide to Drafting Contracts provides detailed instruction for drafting contracts. Moreover, it teaches readers how to adapt existing contracts and forms to the specific needs of their client--as is frequently done by lawyers in legal practice. Step-by-step instruction and examples unpack the purpose of each provision for a wide range of contracts and integrate the basic principles that apply to both domestic and international transactions. Practice exercises further develop students’ drafting skills, as well as their working knowledge of the language and syntax of contract law. New to the Second Edition: Enhanced coverage of negotiating and drafting contracts in the United States Mind-mapping exercises that help learners think deeply about key contract provisions and their effect on other important aspects of the contract New contract simulations and drafting exercises Clear signposting of text and exercises specifically written for non-native speakers Professors and students will benefit from: Step-by-step instruction through the entire drafting process In-depth explanations and helpful examples Insights into the strategic decisions behind drafting contracts Hands-on exercises that: Raise awareness of commonly occurring contract provisions Encourage use of phrasing appropriate to audience and purpose Build familiarity with the legal principles of contracts Provide practice modifying forms and contracts drafted by other parties Discussion of U.S. law regarding key contract provisions and drafting issues Online Student Resources including: Additional exercises A wealth of sample APA contracts, Consulting Agreements, and Distribution Contracts that students are encouraged to mine for appropriate language and provisions in the process of drafting new contracts

Book Convention on Contracts for the International Sale of Goods  CISG

Download or read book Convention on Contracts for the International Sale of Goods CISG written by Joseph Lookofsky and published by Kluwer Law International B.V.. This book was released on 2022-01-21 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Convention on Contracts for the International Sales of Goods (CISG) and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Convention on Contracts for the International Sales of Goods (CISG and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law

Book Practitioner s Guide to the CISG

Download or read book Practitioner s Guide to the CISG written by Camilla Baasch Andersen and published by Juris Publishing, Inc.. This book was released on 2010-11-01 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing complexity of international trade, practitioners in commercial law increasingly need access to scholarly sources and foreign case law. A goal of the United Nations Convention on the International Sale of Goods (CISG) has been the standard of a “global jurisconsultorium,” where judges and arbitrators would share resources and consult what has been done in foreign jurisdictions. However, without the prior work of material-collecting, proper translation into English, and organization of the resulting abundance of material, compliance with this goal would be impossible. The Practitioner’s Guide to the CISG is a direct answer to that need and a decisive step toward fulfilling that goal. Written by three scholars from six different countries, the book represents the best analyses of CISG cases available anywhere. The chapters that follow provide legal counsel with easy, organized access to key, legal case abstracts drawn from multiple jurisdictions and valuable, summary comments on each article of the CISG.

Book Rules of Contract Law

    Book Details:
  • Author : Charles L. Knapp
  • Publisher :
  • Release : 2005
  • ISBN : 9780735551411
  • Pages : 364 pages

Download or read book Rules of Contract Law written by Charles L. Knapp and published by . This book was released on 2005 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book A Short Course in International Contracts

Download or read book A Short Course in International Contracts written by Karla C. Shippey and published by World Trade Press. This book was released on 2003 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Global Business program 101381.

Book Rules of Contract Law

Download or read book Rules of Contract Law written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The World Trade Press Guide to Drafting the International Sales Contract

Download or read book The World Trade Press Guide to Drafting the International Sales Contract written by and published by World Trade Press. This book was released on with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book International Sales Agreements

Download or read book International Sales Agreements written by James Michael Klotz and published by Canada Law Book. This book was released on 1997-01-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Drafting Contracts

    Book Details:
  • Author : Tina L. Stark
  • Publisher : Aspen Publishing
  • Release : 2013-11-26
  • ISBN : 1454829052
  • Pages : 752 pages

Download or read book Drafting Contracts written by Tina L. Stark and published by Aspen Publishing. This book was released on 2013-11-26 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eagerly anticipated second edition of this established and highly regarded text teaches the key practice skill of contract drafting, with emphasis on how to incorporate the business deal into the contract and add value to the client's deal. Features: More exercises throughout the book, incorporating More precedents for use in exercises Exercises designed to teach students how to read and analyze a contract progressively more difficult and sophisticated New, multi-draft exercises involving a variety of business contracts New and refreshed examples, including Examples of well-drafted boilerplate provisions More detailed examples of proper way to use shall Multiple well-drafted contracts with annotations Revised Aircraft Purchase Agreement exercise to focus on key issues, along with precedents on how to draft the action sections and the endgame sections. Expanded explanations of endgame provisions, along with examples and new exercises

Book Rules of Contract Law

    Book Details:
  • Author : Charles L. Knapp
  • Publisher : Aspen Publishers
  • Release : 2003-06-01
  • ISBN : 9780735528123
  • Pages : 309 pages

Download or read book Rules of Contract Law written by Charles L. Knapp and published by Aspen Publishers. This book was released on 2003-06-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This compact paperback from a respected author team can support any casebook. Knapp, Crystal, and Prince provide the rules you need to reveal the statutory underpinnings of the law, plus additional material to foster a deeper, more meaningful understanding of Contracts. For essential information in an accessible format, turn to the paperback statutory supplement many law professors have relied on to make teaching and learning Contracts more effective.

Book Drafting Effective Contracts  A Practitioner s Guide  3rd Edition

Download or read book Drafting Effective Contracts A Practitioner s Guide 3rd Edition written by Dodd, Feldman, Nimmer and published by Wolters Kluwer. This book was released on 2019-12-17 with total page 2300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The professional's favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process --from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contract-- giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract process--from conducting the initial client meeting to closing the deal. You'll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how they're assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements --such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then you'll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.

Book Global Sales and Contract Law

Download or read book Global Sales and Contract Law written by Ingeborg Schwenzer and published by Oxford University Press, USA. This book was released on 2012-01-26 with total page 1069 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.

Book Rules of Contract Law

Download or read book Rules of Contract Law written by and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Rules of Contract Law

Download or read book Rules of Contract Law written by and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Drafting and Negotiating International Commercial Contracts

Download or read book Drafting and Negotiating International Commercial Contracts written by Fabio Bortolotti and published by Kluwer Law International. This book was released on 2009-02-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting an international contract can be a risky business. Yet with the increasing globalization of markets, these cross-border contracts are becoming a common practice for most traders, as well as for the lawyers assisting them. At the same time, international contracts remain a difficult and mysterious subject for business people as well as their lawyers. In his new book, Drafting and Negotiating International Commercial Contracts, Professor Fabio Bortolotti, a world-renowned expert on contract law, clarifies the issues surrounding these contracts and provides solutions to the thorny problems they raise: choice of the applicable law choice of jurisdiction international arbitration the use of more international drafting techniques hardship, force majeure and liquidated damages As an added feature, this volume provides insights into the basic requirements of a well-drafted contract and analyzes in depth the negotiating process. It concludes with incisive commentary on the model contracts developed by the International Chamber of Commerce. Lawyers and other legal professionals will find in these pages the tools they need to ensure their contracts meet the requirements of a globalized world.