Contracts for the Sale of Goods

A Comparison of US and International Law

Second Edition

Henry Deeb Gabriel

Comprehensive coverage of the new UCC and UNIDROIT principles which many lawyers will not be familiar with
Clear exposition allows readers to understand and compare domestic and international sales law in a single volume
Analysis of the new cases in the UNCITRAL CISG Digest (including several hundred new references and cross-references), and new provisions on setoff, assignment, limitation principles
Incorporation of the European Principles of Contract Law as a fourth set of legal principles in addition to the CISG, the UCC and the UNIDROIT Principles
Access to new cases on the CISG and the UNIDROIT Principles that are reported in the updated UNILEX database; Clarity and ease of access to the comparative materials is a time saver for both practitioners and academics. Organization and format allows the reader to find the relevant provisions and cross-references quickly and accurately. Quick answers, as well as in-depth explanations: The text is structured to provide the answers first. Then supplement this with the underlying purpose and rationale for the rules. This allows the reader the ability to locate the correct law quickly, but also allows the reader to delve further into the law if desired

Contracts for the Sale of Goods

A Comparison of US and International Law

Second Edition

Henry Deeb Gabriel

Description

Contracts for the Sale of Goods delivers a detailed analysis and in-depth comparison of the substantive law for the sale of goods in domestic and international transactions. Practitioners, academics, and anyone involved in the sale or purchase of goods in the international market will need this thorough analysis of both the text of the United Nations Convention on Contracts for the International Sale of Goods (CISF) and the cases that have addressed and interpreted the CISG. Contracts for the Sale of Goods provides a complete discussion and comparison of the UNIDROIT Principles of International Commercial Contracts including the new provisions on setoff, assignment, and limitation periods, as well as a comparative treatment of the CISG and the UNIDROIT Principles to the articles of the Uniform Commercial Code. Both practitioners and academics will find the clarity and ease of access useful to the comparative legal analysis in this book. Of particular note is the style and format which allows the reader to find the relevant provisions and cross-references quickly and accurately. Contracts for the Sale of Goods provides you with all relevant materials in one source, with the text following the structure of the Convention for clarity and convenience Access the Incoterms 2000, the complete texts of Article Two and the PIC, and a list of parties to the CISG. Moreover, the text is structured to provide the answers first, then supplement this with the underlying purpose and rationale for the rules. This allows the reader the ability to locate the correct law quickly, but also allows the reader to delve further into the law if desired.

Contracts for the Sale of Goods

A Comparison of US and International Law

Second Edition

Henry Deeb Gabriel

TABLE OF CONTENTS
INTRODUCTION
The United Nations Convention on Contracts for the International Sale of Goods
The Uniform Commercial Code and the Law of Sales
The UNIDROIT Principles of International Commercial Law
A Structural Comparison of Article Two, the Convention, and the UNIDROIT
DETAILED COMPARISON OF THE CONVENTION, THE UNIDROIT PRINCIPLES, AND ARTICLE TWO OF THE U.C.C.
Part I-Sphere of Application and General Provisions
Chapter I-Sphere of Application
Chapter II-General Provisions
Part II-Formation of the Contract
Part III-Sale of Goods
Chapter I-General Provisions
Chapter II-Obligations of the Seller
Section I-Delivery of the Goods and Handing Over of Documents
Section II-Conformity of the Goods and Third Party Claims
Section III-Remedies for Breach of Contract by the Seller
Chapter III-Obligations of the Buyer
Section I-Payment of the Price
Section II-Taking Delivery
Section III-Remedies for Breach of Contract by the Buyer
Chapter IV-Passing of Risk
Chapter V-Provisions Common to the Obligations of the Seller and of the Buyer
Section I-Anticipatory Breach and Installment Contracts
Section II-Damages
Section III-Interest
Section IV-Exemptions
Section V-Effects of Avoidance
Section VI-Preservation of the Goods
Part IV-Final Provisions
III. SETOFF
IV. Limitation Periods
V. Assignment of Rights and Transfer of Obligations
VI. THE INTERNATIONAL CHAMBER OF COMMERCE: INCOTERMS 2000-THE TERMS AND THEIR USAGE
Introduction
Ex Works, (. . . named place)
Main Carriage Unpaid
Main Carriage Paid Group
Arrival or Delivery Ex-Ship (Name port of arrival)
VI. APPENDICES
APPENDIX A ARTICLE TWO OF THE UCC
UNIFORM COMMERCIAL CODE ARTICLE 2-SALES
[As Amended in 2003]
PART 1
SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER
PART 2
FORM, FORMATION, TERMS AND READJUSTMENT OF CONTRACT; ELECTRONIC CONTRACTING
PART 3
GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
PART 4
TITLE, CREDITORS, AND GOOD-FAITH PURCHASERS
PART 5
PERFORMANCE
PART 6
BREACH, REPUDIATION, AND EXCUSE
PART 7
REMEDIES
APPENDIX B UNIDROIT PRINCIPLES OF INTERNATIONAL CONTRACTS
Preamble-Purpose of the Principles
Chapter 1-General Provisions
Article 1.1-Freedom of Contract
Chapter 2-Formation
Chapter 3-Validity
Chapter 4-Interpretation
Chapter 5-Content
Chapter 6-Performance
Section 1-Performance in General
Section 2-Hardship
Chapter 7-Non-Performance
Section 1-Non-Performance in General
Section 2-Right to Performance
Section 3-Termination
Section 4-Damages
APPENDIX C TABLE OF CORRESPONDING PROVISIONS OF THE CISG, THE UNIDROIT PRINCIPLES AND THE UNIFORM COMMERCIAL CODE
APPENDIX D PARTIES TO THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS