The objectives of the Seventh Edition are twofold: to help the student understand the substantive law of sales and develop the skills of statutory analysis in the context of a comprehensive statute that contains critical definitions and numerous cross references. The materials consist of cases, text, and problems. The cases are selected because of their effectiveness as teaching materials, presenting difficult legal questions and explaining the business background of the disputes. The notes elaborate on the background and push the student to question the rationale of the court. The problems further explore the soundness of the court's decision and present new issues of statutory analysis for the student to consider. They require the student to dig deeply into the language of the statute and the Official Comments, working back and forth among the various sections that are relevant to solving the problem.
Cases Materials on the Carriage of Goods by Sea includes a collection of legislative material, standard form contracts and up-to-date coverage of English case law. It covers the major areas of chartering and bills of lading, as well as matters such as exclusion and limitation of liability. This edition has been comprehensively updated and adds the latest cases to its strong coverage of classic authorities. Notable additions in the chapters dealing with bills of lading include The Starsin, The Rafaela S, Motis Exports and The David Agmashenebeli. On the Carriage of Goods by Sea Act 1992, the important decisions of The Berge Sisar and East West Corp are incorporated, while key recent decisions on chartering, such as The Hill Harmony, The Happy Day and The Stolt Spur are fully treated. This book provides an up-to-date collection of materials relating to the carriage of goods by sea which will be of value to both students of law and legal practitioners.
Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes-- portability, meaningful feedback, and greater efficiency. Clear, lucid, and extremely accessible, Problems and Materials on the Sale and Lease of Goods, Eighth Edition by Douglas J. Whaley and Stephen M. McJohn helps students understand black letter law and the statutory language of Articles 2, 2A, 5, and 7 in the Uniform Commercial Code and related federal statutes. A sensible, flexible organization follows the order of the UCC, and is adaptable to many teaching styles. Drawing on experience in both teaching and writing, the authors provide thorough and practical coverage using a popular problems approach. The text's effective format, manageable length, and inclusion of the most important cases make Problems and Materials on the Sale and Lease of Goods concise and efficient. New to the Eighth Edition: New cases in most chapters examining hot topics Expanded discussion of boilerplate clauses Review Questions added as a summary to each chapter Updates discussion of Restatement 3d changes to strict product liability standards Professors and students will benefit from: Concise, effective format--makes black letter law accessible and helps students understand statutory language in the Uniform Commercial Code Thorough and up-to-date coverage Sensible, flexible organization--follows the order of UCC Articles 2, 2A, 5, and 7 Adaptability to many teaching styles Popular problems approach--straightforward and practical problems, with interesting fact patterns, illustrate the relevant issues and their resolution and help to put the commercial sales statutes and regulations into context Distinguished authorship--draws on experience in both teaching and writing Manageable length and clear writing style Case selection--the most important cases are selected to illustrate the reactions of the courts to pressing issues CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
INTERNATIONAL BUSINESS LAW: CASES AND MATERIALS is a timely and useful book. Uncounted millions of “international” transactions occur daily, as goods and services are purchased across the national boundaries of some 200 political units. Capital flows from nation to nation, and so—to a lesser extent—do jobs, as companies seek more favorable locations for their business operations. The “rules” (laws) governing these exchanges quickly become complex, as persons (and governments) from different countries are involved. If problems arise in a cross-border relationship, whose rules apply? What forums are available to resolve disputes? Are there tax implications to the transaction? If so, where? These and similar questions need to be factored into the decision to “go overseas.” Each of the six chapters in this book begins with a brief overview of the subject-matter, followed by short previews of the chosen case examples. The primary content of the chapters consists of some 120 court and arbitration decisions in real disputes, between real parties. The actual text of the decisions in these cases has been edited; some excerpts are quite brief, others are more substantial. Most “background” facts have been summarized by the author, but the edited-decision part of each case is quoted from the actual recorded text of the court or arbitrator who decided it. Clearly, a minute sample from tens of thousands of cases cannot provide comprehensive coverage of what all the world’s legal rules are. Our objectives here are simply to indicate some of the major potential “flash points” of doing international business, to illustrate some of the significant differences in the applicable legal rules, and to provide an exposure to the language and process by which international business disputes are resolved. “Fore-warned is fore-armed.” Being aware of these potential trouble spots, a sensible business manager will presumably consider them in making the decision to engage in cross-border transactions, and take appropriate steps to avoid or minimize potential adverse consequences. Chapter I of this book introduces International Law—its course of development and its two major sources (custom and treaties). Chapter II examines the use of national and international courts and arbitrators to resolve cross-border disputes. Chapter III provides basic coverage of the United Nations Convention on Contracts for the International Sale of Goods: when it applies, how the sale contract is formed, when risk of loss on the goods passes from Seller to Buyer, and what responsibilities the Seller has for the quality of the goods sold. Chapter IV looks at some of the legal questions that might arise in conducting cross-border commercial operations—employment issues, intellectual property issues, and investment issues. Chapter V considers potential questions regarding taxation of international activities, and the regulation of adverse environmental effects. Chapter VI reviews the efforts by national governments to apply their competition regulations to international business transactions, and the difficulties that private parties might have in attempting to enforce legal claims against governments and their agencies. While these are surely not the only legal issues that might arise in connection with international business, they do constitute a significant set of concerns of which managers need to be aware as they venture into the international “stream of commerce.”
This is the third edition of the leading authority on English sale of goods law known for its clarity of expression, rigorous scholarship and depth of treatment of problem areas.
This book, first published in 1982, focuses on a specific area of commercial law: the Sale of Goods Act. The book contains key cases and statutes relating to the sale of goods, each prefaced by a contextualising introduction. Notes and questions are also included, as are the full texts of the Sale of Goods Act 1979 and the relevant parts of the Unfair Contract Terms Act 1977.
This book is a systematic analysis of the modern English law of domestic sale of goods, covering in detail the following aspects of sale of goods contracts:* formation and definitions* passing of property and risk* mistake and frustration* contents of the contract and implied terms* delivery and payment* termination for breach* exclusion clauses* remedies and transfer of title.Full treatment is given to proprietary matters and the significant reforms which have taken place in recent years including the Sale and Supply of Goods Act 1994, and the Sale of Goods (Amendment) Act 1995. The general law of contract is dealt with as it affects the special contract of sale, butexport sales materials are treated only to the extent that they illustrate delivery and payment. The paperback edition also includes a new preface designed for the student reader, covering recent developments in the sale of goods. This thorough and comprehensive book will be a valuable resource forstudents of commercial law as well as academics and practitioners working in the area.
This text covers the materials used in a two semester Contracts course and a Sales course covering U.C.C. article 2. It blends classic common law contract cases with 21st-century opinions and draws heavily upon the problem method of instruction. It compares and contrasts the common law of contracts, the Restatement of the Law Second-Contracts, and Uniform Commercial Code Article 2 rules, as well as the United Nations Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts, and explores their evolution and application. It emphasizes the importance of context to the application of legal principles and discusses the overlap between the knowledge and skills of a litigator and those of a transactional attorney. The fifth edition includes updates covering further developments in the parol evidence rule and evolution of contract doctrine in the wake of technological progress in the twenty first century.
