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Contract Termination in International and Domestic Trade: Buyer's Right under Contract Law


ISBN13: 9781032714912
Published: September 2024
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



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This book highlights the right to terminate the contract, yielding invaluable insights to enable policymakers and legal practitioners to facilitate international trade.

In the modern landscape of globalised trade, the imperative for a harmonised legal framework of contract law capable of fostering stability and trust in cross-border trade has never been more pronounced. This is represented in the United Nations Convention on Contracts for the International Sale of Goods (CISG), providing rules that can be known, understood, and abided by globally. This book focuses on the termination of contracts; one of the harshest remedies when a sale of goods contract is breached by the seller. Breaches of the seller, dealt with in this book, are confined to breaches of: contractual description, delivery time, and quality of goods, which are the most common violations of sale of goods contracts. This book scrutinises the methods adopted for challenging or facilitating the contractual termination by CISG, as a transnational law, as well as the Sale of Goods Act 1979 (SGA), and Kuwaiti Law (KLaw), both of which are national laws of Non-Contracting States of CISG. This study also draws attention to lacunae and practical issues, focusing on critical analyses of law and cases, and recognises the adopted themes underlying each law to find out the degree of their legal clarity and the threshold upon which termination can be granted. This comprehensive analysis also provides inspiration for beneficial changes by weighing up the pros and cons of each system.

The book will be of interest to practitioners, students, and scholars in the field of contract law, trade law, commercial law and international law.

Subjects:
Contract Law, International Trade
Contents:
Table of cases
List of legislations

1. Introduction
2. General Principles of Termination under CISG, SGA and Klaw
3. Terminating the Contract due to the Seller's Non-Delivery/Delay in Delivering the Goods
4. Terminating a Contract due to Misdescription
5. Terminating the Contract due to the Inferior Quality of Goods
6. Conclusion and Assessment