Sales Law Domestic and International 3rd Edition by Clayton Gillette, Steven Walt ISBN 1628101458 9781628101454

Sales Law Domestic and International 3rd Edition by Clayton Gillette, Steven Walt – Ebook PDF Instant Download/Delivery: 1628101458 ,9781628101454
Full download Sales Law Domestic and International 3rd Edition after payment

Product details:

ISBN 10: 1628101458
ISBN 13: 9781628101454
Author: Clayton Gillette, Steven Walt

Sales Law Domestic and International 3rd Edition Table of contents:

Chapter 1. Introduction to Sales Law

I. The Statutory Development of Commercial Law

A. Article 2 of the UCC

B. The United Nations Convention on Contracts for the International Sale of Goods

II. Principles of Sales Contracts—Herein of Default Rules

III. Commercial Contracts as Discrete and Relational Contracts—Herein of Reputation

A. Reputation and Relational Contracts

B. Reputation Without Repetition

Chapter 2. Governing Law

I. Scope of Sales Law Under Article 2

A. Choice of Law Under the UCC

B. Transactions Within Article 2: Definition of “Goods”

C. Merchants

D. Mixed Sales and Services, Software

E. Leases and Other Transactional Forms

II. The Scope of the CISG

A. Choice of Law Under the CISG

1. Article 1(1)

2. Opting out of the CISG

B. Types of Transactions Subject to the CISG

C. Exclusions

D. Mixed Sales and Service Contracts

E. Leases

F. The Principle of Issue-Displacement

Chapter 3. Formation of the Contract

I. Introduction: The Evaluation of Formation Rules

II. Article 2’s Approach to Formation

A. Offer and Acceptance, and Agreement

B. Irrevocable Offers Under Article 2

C. Article 2’s Battle of the Forms

D. Rolling Contracts and Article 2

III. The CISG’s Formation Rules

A. Opting out of the CISG’s Formation Rules

B. The CISG’s Formation Rules Illustrated: Six Hypotheticals

C. Battle of the Forms

IV. § 2–207 and Article 19 Evaluated

V. Modification

A. Under Article 2

B. Under the CISG

Chapter 4. Implied Terms

I. Trade Usage, Course of Dealing, and Course of Performance

A. Under the UCC

B. Under the CISG

II. Open Terms

A. Open Price Terms Under the CISG

B. Open Quantity Terms

C. Evaluating Supplied Terms—Herein of “Best Efforts”

Chapter 5. Formal Requirements

I. Introduction: Permissive Rules, Mandatory Rules, and Externalities

II. The Statute of Frauds

A. Introduction

B. Justifying the Statute of Frauds

C. Article 2’s Statute of Frauds

1. § 2–201’s Statutory Requirements

2. Exceptions to the Statute of Frauds

3. Ethics and the Statute of Frauds

D. The CISG and the Statute of Frauds

III. The Parol Evidence Rule

A. Article 2’s Parol Evidence Rule: § 2–202 Outlined

B. Excluding Trade Usage

1. Two Standards of Contradiction

2. The Process of Exclusion

C. Warranties and the Parol Evidence Rule

D. The CISG and the Parol Evidence Rule

1. Is the Parol Evidence Rule Displaced?

2. Contracting for the Parol Evidence Rule

IV. Unconscionability

A. Under the UCC

1. § 2–302’s Standard of Unconscionability

2. Unconscionability Applied

3. Unconscionability Evaluated

B. The CISG and the Domestic Law of Unconscionability

Chapter 6. Performance

I. Introduction: Payment, Delivery, and Allocating Loss from Defective Performance

A. Delivery and Receipt of the Goods

B. Allocating Loss from Defective Performance

II. Insecurity and Adequate Assurances of Performance

A. Under the UCC

1. Introduction

2. Demand for Adequate Assurances

3. Reasonable Grounds for Insecurity

4. Adequate Assurances of Performance

B. Suspending Performance Under the CISG

III. Anticipatory Repudiation

A. Under the UCC

B. Under the CISG

IV. Tender, Acceptance, Rejection, Cure Under the UCC

A. Tender and Inspection

B. Inspection in Documentary Transactions

C. Acceptance and Rejection

1. Introduction: Neutralizing Strategic Behavior

2. Perfect Tender

3. What Constitutes Acceptance?

a. Burden of Proof Concerning Defects

b. Acts Inconsistent with Seller’s Ownership

4. Buyer’s Obligations on Rejection

D. Cure

1. Introduction

2. Technical Requirements

3. Curing with a Conforming Tender

4. Cure in the Courts: Repair and Interpretation

E. Revocation of Acceptance

1. Introduction

2. Substantial Impairment “to Him”

3. Post-Revocation Cure

V. Inspection, Avoidance, and Cure Under the CISG

A. Inspection and Notice of Defects

B. Cure and Avoidance Under the CISG

C. The Burden of Proving Nonconformity Under the CISG

VI. Excuse and Changed Circumstances

A. Introduction

B. Under the UCC

C. Under the CISG

1. “Impediment Beyond His Control”

2. Foreseeability of the Impediment

3. Hardship Cases

4. Inability to Avoid or Overcome the Impediment

5. Reliance on Non-Performance of a Third Party

6. Exemption and Delivery of Non-Conforming Goods

7. Consequences of an Impediment

Chapter 7. Risk of Loss

I. Introduction: Loss Allocation in Transactional Settings

II. Risk of Loss Under the UCC

A. Risk of Loss Where Seller Retains the Goods

B. Risk of Loss Where Goods Are Held by a Bailee

C. Risk of Loss During Transit

D. Opting out of Risk of Loss Provisions

E. Risk of Loss in the Event of Breach

III. Risk of Loss Under the CISG

A. The Consequences of Risk of Loss Passing

B. The Residual Rule for Passing of Risk

C. Contracts Involving Transportation

D. Risk of Loss in the Event of Breach

E. Burden of Proof

Chapter 8. Warranties

I. Introduction: Allocating the Risk of Quality

II. Warranties Under the UCC

A. Express Warranties

1. Who Can Make the Warranty?

2. How Is the Warranty Created?

a. Basis of the Bargain

b. Advertising and Warranty

c. Post-Bargain Warranties

B. Implied Warranty of Fitness for a Particular Purpose

1. Who Can Make the Warranty?

2. How Is the Warranty Created?

C. Implied Warranty of Merchantability

1. Who Can Make the Warranty?

2. How Is the Warranty Created?

D. Disclaiming Warranties

1. Should Warranties Be Disclaimable?

2. Disclaiming Warranties Under § 2–316

E. Who Receives the Benefit of Warranties? Herein of Privity and Personal Injury

F. Federal Law and UCC Warranties of Quality

1. The Magnuson-Moss Warranty Act

2. Preemption by Federal Law

G. Warranty of Good Title

III. Obligations of Conformity (“Warranties of Quality”) Under the CISG

A. Conformity with Contractual Specifications

B. Conformity with Implied Obligations

C. Disclaiming Conformity Requirements Under the CISG

D. Obligation to Deliver Goods Free from Claims

Chapter 9. Rights to Goods: Bona Fide Purchase and Reclamation

I. Good Faith Purchase Rules

A. The Nemo Dat Principle and Its Exceptions

B. The Reach of “Voluntary Transaction”

C. “Entrustment” and the Passage of Title

II. Seller’s Right to Recover and Reclaim Goods

III. Goods-Oriented Remedies Under the CISG

Chapter 10. Remedies

I. Introduction: Allocating the Loss of Transactional Breakdown

II. Money Damages

A. Under the UCC

1. Substitute Performance: Resale and Cover Under § 2–706(1) and § 2–712(1)

2. Market Price Damages

a. Proof Costs

b. Election of Remedies

3. Lost Profits: § 2–708(2)

a. Measuring Lost Profits

b. Recovering Lost Profits Under § 2–708(2)

4. The Accepting Buyer’s “Value Difference”

a. § 2–714(2)’s Measure of “Value”

b. The Relation Between § 2–714(1) and (2)

c. Measuring Damages for Breach of Warranty of Title

B. Under the CISG

1. Damages Without Avoidance: Article 74

2. Avoidance-Based Remedies

a. Substitute Performance Damages Measure: Article 75

b. Market Price Damages: Article 76

3. Reduction of the Price

a. Article 50’s Formula

b. Article 50’s Use

c. Why Allow Price Reduction?

4. Interest and Its Calculation

III. Specific Relief

A. Under the UCC

1. Seller’s Action for the Price

a. § 2–709’s Technical Requirements

b. § 2–709’s Justification

2. Specific Performance

B. Under the CISG

1. The Routine Availability of Specific Relief

2. Article 28’s Restriction on Specific Relief

IV. Contractually Stipulated Remedies

A. Liquidated Damages

B. Remedy Limitations and Damage Exclusions

1. Allocating Risks of Nonconformity

2. The Relation Between Damage Exclusions and Remedy Limitations

C. The CISG: Liquidated Damages, Remedy Limitations, and Damage Exclusions

Chapter 11. Documentary Sales

I. Introduction: Allocating Performance Risks

II. Payment Terms: Letters of Credit and Payment Risks

A. Introduction

B. Formal Requirements

C. Issuer’s Duty to Pay: The Strict Compliance Standard

D. Issuer’s Duty to Pay: Waiver, Estoppel, and Preclusion

III. The Issuer’s Right Not to Pay: The Independence Principle and the Fraud Exception

A. The Independence Principle

B. The Fraud Exception

1. Two Types of Fraud

2. What Is Fraud?

3. The Protected Class of Presenters: § 5–109(a)(1)

C. Justification

1. Justifying § 5–109(a)(1)’s Protection

2. Justifying the Fraud Exception

TABLE OF CASES

INDEX

People also search for Sales Law Domestic and International 3rd Edition:

us domestic law
    
domestic international sales corporation
    
sales law domestic and international cases problems and materials
    
how to get international law degree
    
ks domestic violence laws

Tags: Clayton Gillette, Steven Walt, Sales Law, International