Updated and expanded for the second edition, this volume provides attorneys, academics and students with a detailed yet accessible overview of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Adopted by more than eighty nations and governing a significant portion of international sales, the CISG regulates contract formation, performance, risk of loss, conformity to contractual requirements and remedies for breach. This volume explains the CISG doctrines and their ambiguities, and appraises the extent to which the doctrines reduce transaction costs for commercial actors. Its topic-based approach will be ideal for those pursuing academic analysis or subject-specific research.

This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream and the causes and effects of those departures. Some divergences can be justified on the basis of a need to adapt the common law of contract, torts, equity and restitution to local circumstances, or to bring them into conformity with local values. More commonly, however, doctrinal or methodological divergence simply reflects different approaches to common problems, or different views as to what justice or policy requires in particular circumstances. In some instances divergent methodologies lead to substantially the same results, while in others particular causes of action, defences, immunities or remedies recognised in one jurisdiction but not another undoubtedly produce different outcomes. Such cases raise interesting questions as to whether ultimate appellate courts should be slow to abandon principles that remain well accepted throughout the common law world, or cautious about taking a uniquely divergent path. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A separate collection, entitled The Common Law of Obligations: Divergence and Unity (ISBN: 9781782256564), is also being published.

This book analyses share purchase agreements governed by Belgian law used for company acquisitions, whereby a purchaser acquires control over a Belgian target company through the acquisition of a controlling shareholding. The object of such sale and purchase agreements is not a static, inanimate object, but consists of a shareholding in a company whose business and balance sheet evolve while the parties negotiate its acquisition.Such share purchase agreements and the negotiations leading up to them create a particular triangular interaction and relationship between the seller, the purchaser and the target company. These aspects make share purchase agreements different from, and often more complex than, sale and purchase agreements relating to other objects.The analysis set out in this book is written from a practitioner's perspective and focuses on the application of classic civil and corporate law concepts in the particular context of share purchase agreements. The theoretical background of all legal concepts is discussed and analysed, with due consideration for the practical relevance of the analysis.The reader is guided through the successive stages of a share purchase agreement. Each chapter includes a section containing sample clauses and concludes with an overview of relevant legislation, case law, legal doctrine and other sources of law.The book concludes with an index of the concepts used and a separate lexicon of the corresponding Belgian law terms in Dutch and French.

Promises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance. This book examines the nature and effect of contractual indemnities outside the insurance context. It is the first work to provide a detailed account of the subject in English law. The book presents a coherent theory of the promise of indemnity while also addressing important practical issues, such as the construction of contractual indemnities. The subject is approached from two perspectives. The foundations are laid by examining general principles applicable to indemnities in various forms. This covers the nature of indemnity promises; general principles of construction; the determination of scope; and the enforcement of indemnities. The approach then moves from the general to the specific, by examining separately particular forms of indemnity. Included among these are indemnities against liability to third parties, and indemnities against default or non-performance by third parties. The book states English law but it draws upon a considerable amount of material from other common law jurisdictions, including Australia, Canada, New Zealand and Singapore. It will appeal to readers from those countries. Reviews 'Overall, the book involves a close analysis of cases and dicta both in Australia and in other countries, notably the United Kingdom. In this respect it is a meticulous, scholarly and thorough work ... In setting out the principles which emerge from the [indemnity] cases, the book reminds the reader of the importance of the clauses in those cases. This book will greatly assist the drafting process'. Malcolm A Clarke, Journal of Contract Law 'This is a scholarly text which covers in meticulous detail the full range of issues associated with indemnities: not simply the technical issues of their nature and their construction, but also the more practical issues of their breach and enforcement. The author fulfils the stated aim "to provide a coherent account of the construction and enforcement of promises of indemnity". This is a valuable and landmark work which should be of immense assistance to commercial practitioners, litigators and judges alike when confronted by indemnity problems'. Rohan Havelock, New Zealand Business Law Quarterly

A proper understanding of the law of contract requires far more than the mere rote learning of principles extracted from cases. Contract law is a practical subject and students will understand it best by applying contractual principles to practical, life-like scenarios. Student's guide to the law of contract fosters such an approach. It is filled with examples, exercises and problem-setting questions that increase gradually in level of complexity. This will facilitate discussion in study groups and during lectures. Spaces for the completion of exercises and summaries of prescribed cases enable students to engage actively with the learning material in one basic source. Student's guide to the law of contract can be used by lecturers as a primary teaching tool for undergraduate students to improve their students' knowledge and understanding of basic contractual principles, develop their ability to reason and stimulate their interest in the subject. Likewise, students will find it useful as an aid additional to lectures and more advanced contract law textbooks.

Are you tired of your current cell phone carrier? Want to get out of the contract without an early termination fee and switch to a better carrier without a contract? Now there might be a way to do it and you can learn about it in this book. Are you getting what you bargained for in your cell phone service? Are you getting dropped calls? Have you determined that your service is just too expensive for you. Getting sudden bill increases? Are you frustrated? Want to move to a more reliable lower cost carrier. Good news. Carriers often breach contracts by making changes without your permission. That is your opportunity to get out of the contract and switch to another carrier you like.

This book provides a comprehensive understanding of U.S. contract law and makes a comparison of contract concepts to German law. It includes translations of terminology and effective understandings of divergent and parallel concepts. This book presents pitfalls to prevent problems.