Global Sales and Contract Law

Second Edition

Ingeborg Schwenzer and Edgardo Muñoz

The most comprehensive work on international sales law and practice, now established as the major comparative international reference work on global sales law
Contains full coverage of the relationship between international sales law and national laws
Provides comparison between the laws of over sixty jurisdictions to assist with contract drafting and preparation for litigation
Expert author team led by an editor of Schlechtriem & Schwenzer: Commentary on the CISG and supported by international legal researchers
Includes commentary on a global scale providing a consistent and uniform approach to the interpretation of international sales law

New to this Edition:

Provides coverage of changes to contract law in many countries, including Argentina, France, Hungary, and Japan, as well as the adoption of the CISG by sixteen countries
Examines new projects such as the UNIDROIT PICC, and covers new editions of the ICC's INCOTERMS© and force majeure and hardship clauses (2020)
Analyses recent case law which has sought to apply the rules established by regimes such as the CISG and the UNIDROIT PICC
Revisits key international and multilateral developments which were envisaged in the first edition and have now either evolved or disappeared, (e.g. the European Union's plan for a Common European Sales Law (CESL)).

New Edition

Global Sales and Contract Law

Second Edition

Ingeborg Schwenzer and Edgardo Muñoz

Description

The second edition of Global Sales and Contract Law continues to provide comparative analysis of domestic laws of sale and contract in over sixty countries, delivering a global view of national and international sales law. The book is grounded in the practical realities of sales law, reflecting the day-to-day issues faced by practitioners. Complex questions of the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all analysed. In addition to coverage of the CISG and various national regimes, the book examines regional projects, like the the UNIDROIT PICC, the PECL, the DCFR and the PLACL, and compares differences in domestic legal approach where the CISG would not apply.

The new edition covers all the relevant case law, and factors in developments such as changes to the law of contract in Argentina, France, Hungary, and Japan, a raft of countries which have adopted the CISG since the first edition, updates to the UNIDROIT PICC, and new editions of the ICC's INCOTERMS© and force majeure and hardship clauses in 2020. International or multilateral developments that were envisaged in the original edition have now either evolved or disappeared, for example, the European Union's plan for a Common European Sales Law (CESL), as reflected in the new edition.

Encompassing all aspects of sale of goods transactions, and examining the process of a sale with relation to general contract law, the book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law remains the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a source for any practitioner dealing in international commerce.

New Edition

Global Sales and Contract Law

Second Edition

Ingeborg Schwenzer and Edgardo Muñoz

1:Introduction
I. SALES LAW: DEVELOPMENT AND MODERN PRACTICE
2:Development of Domestic Sales Laws
3:Uniform Laws and Projects
4:Contract and the Laws
5:Modern Practice of International Sales Law
II. AMBIT OF SALES LAW
6:General Remarks on the Ambit of Sales Law
7:The Concept of Goods
8:Identifying the Boundaries of a Sales Contract
III. FORMATION OF THE CONTRACT
9:General Remarks on Contract Formation
10:Offer and Acceptance
11:Electronic Communications
12:Standard Terms
13:Agency
14:Modification of Contract
IV. VALIDITY
15:General Remarks on Validity
16:Capacity to Contract
17:Mistake and Error
18:Fraud and Duress
19:Consequences of Mistake, Fraud, and Duress
20:Illegality and Immorality
21:Excessive Benefits and Unfair Advantages
22:Form Requirements
V. PRE-CONTRACTUAL LIABILITY
23:General Remarks on Pre-Contractual Liability
24:Pre-Contractual Duties
25:Pre-Contractual Liability
VI. CONSTRUCTION OF CONTRACT
26:Interpretation and Supplementation
27:Practices and Usages
VII. OBLIGATIONS OF THE SELLER
28:General Remarks on Seller s Obligations
29:Delivery
30:Documents and Costs
31:Conformity of the Goods
32:Third Party Property Rights
33:Industrial and Intellectual Property Rights
34:Examination and Notice
VIII. OBLIGATIONS OF THE BUYER
35:General Remarks on Buyer s Obligations
36:Payment
37:Taking Delivery
IX. PASSING OF RISK
38:Passing of Risk
X. TRANSFER OF TITLE
39:Transfer of Title
40:Transfer of Title by a Non-Owner
XI. REMEDIES FOR BREACH OF CONTRACT
41:General Remarks about Remedies
42:Suspension of Performance
43:Specific Performance
44:Damages
45:Exemption
46:Interest
47:Avoidance
48:Price Reduction
49:Concurrent Remedies
XII. UNWINDING OF THE CONTRACT
50:Unwinding of the Contract
XIII. LIMITATION OF ACTIONS
51:Limitation of Actions

New Edition

Global Sales and Contract Law

Second Edition

Ingeborg Schwenzer and Edgardo Muñoz

Author Information

Ingeborg Schwenzer, Dean, Swiss International Law School, and Edgardo Muñoz, Professor of Law, Universidad Panamericana, Guadalajara, Mexico

Ingeborg Schwenzer is a highly regarded academic teaching and writing on international sale of goods law. She is Dean of the Swiss International Law School and Professor Emerita of Private Law at the University of Basel, Switzerland. She also served as the Chair of the CISG Advisory Council between 2011 and 2018.

Edgardo Muñoz is Professor of Panamericana University, Mexico, and Course Leader for the Online LLM on International Commercial Law and Dispute Resolution at the Swiss International Law School, Basel. He has written widely on international sales law in English and Spanish.