Description : The 1980 UN Convention on Contracts for the International Sale of Goods (CISG) unifies the law governing the rights and obligations arising from a contract for the international sale of goods for the seller and the buyer. The CISG entered into force on 1 January 1988. The current number of 62 contracting States, representing two thirds of the world trade, shows the relevance of this Convention. Moreover, the International Chamber of Commerce (ICC) has published a model for an international sales contract that presupposes the application of the Convention. Since no supranational court exists to safeguard a uniform interpretation of its provisions, the case law from different states on the basis of the CISG needs to be compared. One of the main obligations for the seller under the Convention is to deliver goods which are in conformity with the contract (art. 35 CISG). With respect to this particular obligation, a number of questions have arisen. For example, do the goods delivered need to comply with any public law requirements in the country where the goods will be used? When and how does a buyer have to give notice to the seller of any lack of conformity? Is any fault on the part of the seller required for a buyer to be able to rely on this provision? Who bears the burden of proof? Can a buyer rely on any concurrent claims based on national law, alongside his claim based on lack of conformity? This book contains an analysis of the case law that has been established on the basis of the CISG concerning the aforementioned questions. Special attention has been paid to court decisions in Austria, Belgium, France, Germany, the Netherlands and Switzerland, as well as to arbitral awards by the ICC Court of Arbitration. In this respect, the role of the UNIDROIT Principles of International Commercial Contracts in the interpretation of the CISG has also been analysed. The book provides a unique combination, because it contains both an analysis of the issue of (non-)conformity as such and an overview of the recent case law on this topic, as well as recommendations for international commercial practice. Therefore, this book will be of interest to both academics and legal practitioners.
Description : 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.
Description : In the important field of international commodity trade, it is inevitable that some of the sales contracts and deliveries of goods lead to disputes over non-conformity of the goods. Fundamental Breach Considering Non-Conformity of the Goods analyzes existing case law and legal doctrine, as well as the legal and economic principles underlying these articles. In doing this, the author establishes tools which help classify the fundamentality of the seller's breach. This book will be indispensable for all those who have any dealings in the vital field of international purchase and distribution law.
Description : The author of the New York Times Bestseller THE $100 STARTUP, shows how to launch a profitable side hustle in just 27 days. To some, the idea of quitting their day job to start a business is exhilarating. For others, it’s terrifying. After all, a job that produces a steady paycheck can be difficult to give up. But in a time when businesses have so little loyalty to employees that the very notion of “job security” has become a punchline, wouldn’t it be great to have an additional source of income to fall back on? And wouldn’t it be great to make that happen without leaving your day job? Enter the Side Hustle. Based on detailed information from hundreds of case studies, Chris Guillebeau provides a step-by-step guide that anyone can use to create and launch a profitable project in less than a month. Designed for the busy and impatient, this plan will have you generating income immediately, without the risk of throwing yourself head first into the world of entrepreneurship. Whether you just want to make some extra money, or start something that may end up replacing your day job entirely, the side hustle is the new job security. When you generate income from multiple sources, it gives you options, and in today’s world, options aren't just nice to have: they're essential. You don’t need entrepreneurial experience to launch a profitable side hustle. You don’t need a business degree, know how to code, or be an expert marketer. And you certainly don’t need employees or investors. With this book as your guide, anyone can learn to build a fast track to freedom.
Description : The Review of the of the Convention on Contracts for the International Sale of Goods (CISG) is published annually and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to the writings analyzing the various articles of the CISG, the book compiles translations of recent decisions as well as commentaries of notable cases relating to the CISG. The book provides a forum for legal discussion within the international legal community in the area of international sales law and is an authoritative source of reference for international scholars. This 2005-2006 volume includes the following articles: -- How the Fact of Accepting Good Faith as a General Principle of the CISG Will Bring More Uniformity -- Defective Performance in Contracts for International Sale of Goods: A Comparative Analysis Between the Brazilian Law and the 1980 United Nations Convention on Contracts for the International Sales of Goods -- Canadian Jurisprudence and the Uniform Application of the UN Convention on Contracts for the International Sale of Goods -- Good Faith in the CISG: The Interpretation Problems of Article 7
Description : You are not a Visionary… yet. The Lean Entrepreneur shows you how to become one. Most of us believe entrepreneurial visionaries are born, not made. Our media glorify business outliers like Bezos, Branson, Gates, and Jobs as heroes with X-ray vision who can look to the future, see clearly what will be, imagine a fully formed product or experience and then, simply make the vision real. Many in our entrepreneur community still believe that to be visionary, we must merely execute on a seemingly good idea and ignore all doubt. With this mindset, companies build doomed products in a vacuum; enterprises make ill-fated innovation investment decisions; and employees and shareholders come along for an uncomfortable ride. Falling prey to the Myth of the Visionary confuses talented entrepreneurs, product managers, innovators and investors. It leads us to heartbreaking, costly and preventable failures in new product and venture development. The Lean Entrepreneur moves us beyond this myth. It combines powerful customer insight, rapid experimentation and easily actionable data from the Lean Startup methodology to empower individuals, companies, and entire teams to evolve their vision, solve problems, and create value at the speed of the Internet. Anyone can be visionary. The Lean Entrepreneur shows you how to: Apply actionable tips, tricks and hacks from successful lean entrepreneurs. Leverage the Innovation Spectrum to disrupt existing markets and create new ones. Drive strategies for efficient market testing with Minimal Viable Products. Engage customers with Viability Testing and radically reduce time and budget for product development. Rapidly create cross-functional innovation teams that devour roadblocks and set new benchmarks. Bring your organization critical focus on the power of loyal customers and valuable products you can build to serve them. Leverage instructive tools, skill-building exercises, and worksheets along with bonus online videos.
Description : A growing number of countries recognise a direct producers' liability for non-conforming goods. The European Commission has considered the introduction of an EU-wide direct producers' liability for a long time. Will there be new responsibilities for producers in the future? This book compiles national reports from 24 European countries on the sale of goods law as well as the consumer's remedies for non-conforming goods and the final seller's right of redress. A comparative report informs about the different models of producers' liability and their impact on the internal market. Beneficial for practitioners working in the field of consumer contract law and sale of goods law.
Description : The Principles of European Contract Law, prepared by the so-called Lando Commission, today constitute the most advanced project on the harmonisation of European private law. As well as providing a set of rules which could facilitate cross-border trade within Europe, the Principles can be seen as a modern lex mercatoria which, for example, could be referred to by arbitrators deciding a case according to internationally accepted principles of law. Furthermore, the Principles provide a framework for EU legislation on contract law and, more importantly, they can be viewed as a first step towards a European Civil Code. They may also prove to be a catalyst for the development of national legislation, judicial decisions and legal doctrine. This new title, which follows the first volume covering Parts I and II of the Principles, includes chapters on plurality of parties, assignment of claims, transfer of contract, set-off, prescription, illegality and conditions. It provides a systematic overview of the Principles in comparison with Dutch law, which will be of interest not only in the Netherlands but also to lawyers in other countries who need to gain a clearer understanding of the Dutch contract law system.
Description : This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.
Description : The standard text on computer and information technology law for both students and practitioners, this work is now fully updated to reflect the Digital Economy Act 2010, changes to consumer protection law at EU level including the Unfair Commercial Practices Directive as well as a series of trade mark actions against eBay and copyrights suits against Google and numerous recent cases.The implications for IT contracts of BSkyB Ltd v HP Enterprise Services UK Ltd arealso considered.