International commercial sales : the sale of goods on shipment terms / By Andrea Lista.
2017
K1030 .L57 2017 (Map It)
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Items
Details
Author
Title
International commercial sales : the sale of goods on shipment terms / By Andrea Lista.
Published
New York, NY : Informa Law from Routledge, 2017.
Call Number
K1030 .L57 2017
ISBN
9780415702829 (hbk)
0415702828 (hbk)
9781315767086 (ebk)
1315767082 (ebk)
0415702828 (hbk)
9781315767086 (ebk)
1315767082 (ebk)
Description
xxxii, 528 pages ; 26 cm.
System Control No.
(OCoLC)944468438
Bibliography, etc. Note
Includes bibliographical references.
Record Appears in
Table of Contents
Preface
xiii
Table of cases
xv
Table of legislation
xxvii
ch. 1
Sources Of Contracts Concluded On Shipment Terms
1
1.1.
Introduction
1
1.2.
need for a governing law: English law as the new lex mercatoria
1
1.3.
1980 Vienna Convention on the sale of goods
4
1.4.
Standard terms of common use in international sale transactions
6
1.5.
Incoterms®
6
1.6.
Fosfa and Gafta standard terms
10
1.7.
Letters of credit and the UCP 600
11
1.8.
c.i.f and f.o.b. contracts: The heart and soul of international commerce
12
ch. 2
Legal Nature of C.I.F AND F.O.B. Contracts
14
2.1.
legal nature of c.i.f. contracts
14
2.2.
c.i.f. contracts: Contracts for the sale of goods or documents?
18
2.3.
legal and commercial nature of f.o.b. contracts
21
2.4.
Classification of f.o.b. contracts
23
ch. 3
Creation Of A Contract Concluded On Shipment Terms
27
3.1.
Introduction
27
3.2.
When was the contract concluded and what were its terms?
27
3.3.
Traders' standard terms and conditions
31
3.4.
battle of the forms
34
3.5.
Recent developments regarding the battle of the forms
36
3.5.1.
Specialist Insulation Ltd v Pro-Duct (Fife) Ltd
36
3.5.2.
Grafton Merchandising Gb Ltd t/a Buildbase v Sundial Properties (Gilmerton) Ltd
40
ch. 4
Incorporation Of Standard Terms
43
4.1.
Validity of incorporation of standard terms
43
4.2.
Incorporation of standard clauses: Legal problems and solutions
43
4.3.
Incorporation of standard terms: Blind incorporation, incorporation of alien, unreasonable and yet to be drawn clauses
46
4.4.
Incorporation of standard terms: Inconsistencies and discrepancies
50
ch. 5
Sales Contract And The Transport Obligations Of The Seller
58
5.1.
making of a contract of carriage within the context of international commercial sales: Preliminary issues
58
5.2.
Identification of transport obligations and legal repercussions for the sales contract
60
5.3.
sales contract and the performance of the seller's transport obligations
66
5.4.
seller's obligation to tender a reasonable contract of carriage
69
5.4.1.
Continuous documentary cover
72
5.5.
Limits of the seller's obligation to provide a reasonable contract of carriage
75
ch. 6
Bills Of Lading And Their Role In Contracts Concluded On Shipment Terms
77
6.1.
role of bills of lading in contracts concluded on shipment terms
77
6.2.
Bills of lading as evidence of the conditions of the goods shipped on board
79
6.2.1.
obligation of the carrier to issue a bill of lading
79
6.3.
Bills of lading as evidential devices
84
6.3.1.
Bills of lading as evidence and the common law doctrine of representational estoppel
85
6.3.2.
"Clean on board" and "claused" bills of lading: Meaning and legal issues
91
6.3.3.
Clean bills of lading: Carrier's statements related to quantity and weight
91
6.4.
Bills of lading as evidence of the contract of carriage
100
6.5.
Bills of lading as document of title
104
6.5.1.
narrow common law interpretation of the concept of document of title
106
6.5.2.
Bills of lading as documents of title: A broader statutory definition
107
6.5.3.
concept of lawful holder of a bill of lading
108
6.5.4.
notion of good faith
112
6.6.
Document of title and lawful holder: Two faces of the same coin?
113
6.7.
Other types of bills: Straight consigned bills of lading and sea waybill
117
6.8.
Mate's receipts
121
ch. 7
Transfer Of Risk
127
7.1.
meaning of transfer of risk in international commercial sales
127
7.2.
transfer of risk in shipment sales
128
7.3.
Transfer of risk "on or as from shipment"
130
7.4.
exceptions to the transfer of risk: When risk does not pass to the buyer
137
7.4.1.
Statutory exemptions to the transfer of risk
137
7.4.2.
Contractual exemptions to the transfer of risk
146
7.5.
transfer of risk under the Incoterms 2010*
150
ch. 8
Transfer Of Property In Contracts Concluded On Shipment Terms
152
8.1.
Introduction
152
8.2.
transfer of property of ascertained goods
153
8.3.
transfer of property of unascertained goods
153
8.4.
Contractual derogations to the transfer of property
155
ch. 9
Performance Of A Contract Concluded On Shipment Terms: The Seller's Physical Duties
170
9.1.
performance of international sales contracts
170
9.2.
Conditions and warranties in a sales contract
171
9.3.
Express and implied conditions
173
9.4.
Conditions and seller's physical duties
174
9.5.
Implied conditions related to the seller's physical duties
179
9.6.
Section 13 SOGA 1979: Terms describing the goods
179
9.7.
Section 14 of SOGA 1979:The implied condition of satisfactory quality
185
9.8.
Section 15 SOGA 1979: Goods sold as per sample
190
9.9.
quantity of the goods: A condition of a contract concluded on shipment terms?
190
9.10.
Section 15A SOGA 1979: The de minimis rule
191
9.11.
Time of shipment
195
9.11.1.
Time of shipment: Laycan clauses and their effect
201
9.12.
Place of shipment
206
9.13.
Declaring shipment in c.i.f. contracts
211
9.13.1.
What type of ship must be nominated?
211
9.13.2.
Inaccurate declarations
212
9.13.3.
Substitution of the vessel
213
9.14.
Nomination clauses in f.o.b. contracts
214
9.15.
Certificate final clauses
215
9.16.
English courts' approach to certificate final clauses
218
9.17.
Recent developments on certificate final clauses: The Mercini Lady
224
9.18.
Certificate final clauses: mistakes and negligence of the surveying agency
229
9.19.
Rights against the inspecting agency
230
9.20.
Certificate final clauses: The current status quo
236
ch. 10
Seller's Documentary Duties
239
10.1.
Introduction
239
10.2.
seller's documentary duties in contracts concluded on shipment terms: Preliminary issues
239
10.3.
Identification of the seller's documentary duties
244
10.4.
When is a documentary breach a breach of a condition?
249
10.4.1.
Strict compliance preferable
250
10.4.2.
Authorities against strict compliance
256
ch. 11
Letters Of Credit And Contracts Concluded On Shipment Terms
263
11.1.
Letters of credit as vehicles of payment in international commercial sales
263
11.2.
Mechanisms governing documentary credits
263
11.3.
legal traits of letters of credit
265
11.4.
When must a letter of credit be opened?
267
11.5.
Making a letter of credit which conforms to the contract of sale
270
11.6.
Non-explicit reaction of a seller to a modified letter of credit
274
11.7.
Unclear letters of credit
284
11.8.
Banks' responsibilities when documents are tendered for payment
286
11.9.
principle of autonomy of documentary credits
287
11.10.
What is a complying presentation?
295
11.11.
Strict compliance and the UCP 600
298
11.11.1.
Description of the goods on the commercial invoice
298
11.11.2.
Description of the goods in documents other than the commercial invoice
301
11.12.
UCP 600 and quantity
305
11.13.
Letters of credit and typographical errors
306
11.14.
Compliance achieved through fraud
308
11.15.
How long does the bank have to examine and to pay?
310
11.16.
Rejection for non-compliance
312
11.17.
Banks' obligations in case of refusal to honour
315
11.17.1.
Returning the documents to the seller
317
11.18.
Payment under reserve
324
ch. 12
Rejection And Termination Of Contracts Concluded On Shipment Terms
329
12.1.
Introduction
329
12.2.
Is there any right of the seller to cure a documentary defect?
329
12.3.
Rejection in cash against documentary transactions
334
12.3.1.
two rights of rejection
335
12.4.
Hidden documentary defects
338
12.5.
Defects confined to the documents alone
346
12.6.
Acceptance of clearly defective documents: The Panchaud Freres doctrine
350
12.7.
Acceptance of clearly defective documents and actions for damages
353
ch. 13
Vienna Convention (CISG) On Contracts For The International Sale Of Goods
359
13.1.
scope of the Vienna Convention for the international sale of goods
359
13.2.
Interaction between the Convention and the Incoterms*
361
13.3.
Formation of a contract under the Vienna Convention
364
13.3.1.
Acceptance under the CISG
366
13.4.
Sale of goods
368
13.4.1.
Seller's duties
368
13.4.2.
Buyer's obligations
371
13.5.
Transfer of risk
372
13.6.
Remedies
377
13.6.1.
Fundamental breach
377
13.7.
Breach not fundamental
379
13.7.1.
Goods not conforming to the contract
380
13.7.2.
Right to require substitute goods
381
13.8.
Damages
381
13.8.1.
Obligation to mitigate the loss
385
13.9.
Case analysis
386
13.9.1.
Case law on late performance
387
13.9.2.
Case law on breach of documentary duties
390
Appendix I
Sale Of Goods Act 1979
393
Appendix II
Carriage Of Goods By Sea Act 1992
429
Appendix III
Conlinebill 2016
437
Appendix IV
Fosfa 54 CIF Form
441
Appendix V
Gafta 119 Fob Form
447
Appendix VI
UCP 600
455
Appendix VII
Vienna Convention On Sale Of Goods 1980
481
Index
525