| Description |
1 online resource (719 pages) |
| Series |
Lloyd's Commercial Law Library |
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Lloyd's commercial law library.
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| Contents |
Cover; Half Title; Title; Copyright; Dedication; CONTENTS; Preface; Table of cases; Table of legislation; CHAPTER 1 THE SOURCES OF CONTRACTS CONCLUDED ON SHIPMENT TERMS; 1.1 Introduction; 1.2 The need for a governing law: English law as the new lex mercatoria; 1.3 The 1980 Vienna Convention on the sale of goods; 1.4 Standard terms of common use in international sale transactions; 1.5 The Incoterms®; 1.6 The Fosfa and Gafta standard terms; 1.7 Letters of credit and the UCP 600; 1.8 C.i.f and f.o.b. contracts: The heart and soul of international commerce |
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CHAPTER 2 THE LEGAL NATURE OF C.I.F AND F.O.B. CONTRACTS2.1 The legal nature of c.i.f. contracts; 2.2 C.i.f. contracts: Contracts for the sale of goods or documents?; 2.3 The legal and commercial nature of f.o.b. contracts; 2.4 Classification of f.o.b. contracts; CHAPTER 3 THE CREATION OF A CONTRACT CONCLUDED ON SHIPMENT TERMS; 3.1 Introduction; 3.2 When was the contract concluded and what were its terms?; 3.3 Traders' standard terms and conditions; 3.4 The battle of the forms; 3.5 Recent developments regarding the battle of the forms; 3.5.1 Specialist Insulation Ltd v Pro-Duct (Fife) Ltd |
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3.5.2 Grafton Merchandising Gb Ltd t/a Buildbase v Sundial Properties (Gilmerton) LtdCHAPTER 4 INCORPORATION OF STANDARD TERMS; 4.1 Validity of incorporation of standard terms; 4.2 Incorporation of standard clauses: Legal problems and solutions; 4.3 Incorporation of standard terms: Blind incorporation, incorporation of alien, unreasonable and yet to be drawn clauses; 4.4 Incorporation of standard terms: Inconsistencies and discrepancies; CHAPTER 5 THE SALES CONTRACT AND THE TRANSPORT OBLIGATIONS OF THE SELLER |
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5.1 The making of a contract of carriage within the context of international commercial sales: Preliminary issues5.2 Identification of transport obligations and legal repercussions for the sales contract; 5.3 The sales contract and the performance of the seller's transport obligations; 5.4 The seller's obligation to tender a reasonable contract of carriage; 5.4.1 Continuous documentary cover; 5.5 Limits of the seller's obligation to provide a reasonable contract of carriage; CHAPTER 6 BILLS OF LADING AND THEIR ROLE IN CONTRACTS CONCLUDED ON SHIPMENT TERMS |
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6.1 The role of bills of lading in contracts concluded on shipment terms6.2 Bills of lading as evidence of the conditions of the goods shipped on board; 6.2.1 The obligation of the carrier to issue a bill of lading; 6.3 Bills of lading as evidential devices; 6.3.1 Bills of lading as evidence and the common law doctrine of representational estoppel; 6.3.2 "Clean on board" and "claused" bills of lading: Meaning and legal issues; 6.3.3 Clean bills of lading: Carrier's statements related to quantity and weight; 6.4 Bills of lading as evidence of the contract of carriage |
| Summary |
"This book ... examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods."-- Provided by publisher |
| Notes |
6.5 Bills of lading as document of title |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Print version record |
| Subject |
Export sales contracts.
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Shipment of goods -- Law and legislation.
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Standardized terms of contract.
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Export sales contracts
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Shipment of goods -- Law and legislation
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Standardized terms of contract
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| Form |
Electronic book
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| ISBN |
9781317662372 |
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1317662377 |
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1315767082 |
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9781315767086 |
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