Global Issues in Commercial Law

, by Adams, Kristen David; Rohwer, Claude D.

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ISBN: 9780314199935 | 0314199934
Cover: Paperback
Copyright: 5/4/2010

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This book is primarily intended as a supplement to an existing Commercial Transactions survey course, but could also be used as a stand-alone text for a seminar course or other specialized elective. The book seeks to fill in the blanks that might be left by a traditional casebook focusing on domestic law, providing not only the international perspective but also sufficient domestic context to facilitate a comparative-law discussion. The book includes not only topics that are staples of international commercial law (such as the CISG and international insolvency), but also items of particular contemporary concern, including clawbacks, microfinance, and religious objections To The payment of interest in commercial contracts.

Preface	p. v
Acknowledgements	p. vii
Table of Cases	p. xix
Choice of Law: Substantive Considerations	p. 1
Risk of Loss	p. 3
Right of Inspection and Notification of Defects	p. 5
Duty to Accept Goods; Right to Reject Goods	p. 6
A Drafting Problem	p. 10
Terms Relating to Quality of Goods (Warranties and Conditions)	p. 10
Questions	p. 21
Obligation of Good Faith	p. 22
Remedies	p. 23
Interpreting and Supplementing the CISG	p. 28
Comparing UCC Section 1-103(b) with CISG Article 7	p. 28
Questions	p. 34
Problem 1	p. 34
Using General Principles to Determine How (or Whether) the CISG Addresses an Issue	p. 35
Questions	p. 37
Problem 2	p. 38
Problem 3	p. 39
Interpreting the CISG as a "True Code" and Consistent with Its International Character	p. 40
Questions	p. 43
Problem 4	p. 43
Interpreting the CISG as an International Instrument: Avoiding Homeward Trend	p. 45
Raw Materials, Inc. v. Manfred Forberich, GmbH	p. 46
Questions	p. 53
Problem 5	p. 54
Problem 6	p. 55
The Role of Private International Law	p. 57
Ajax Tool Works, Inc., Plaintiff, v. Can-Eng Manufacturing Ltd., Defendant	p. 58
Questions	p. 63
Choice of Forum	p. 65
M/S Bremen and Unterwesser Reederei, GmBH, Petitioners v. Zapata Off-Shore Company	p. 66
Questions and Comments	p. 77
Choice of Forum-Ontario or Minnesota?	p. 78
Judge or Arbitrator?	p. 79
Commercial Law in Developing Countries	p. 81
A Lawyer's Thoughts on Contracting With a Chinese Company	p. 83
Questions and Comments	p. 87
Interest and Usury	p. 89
Introducing Interest and Usury	p. 89
Problem 1	p. 90
Questions	p. 97
Problem 2	p. 98
Problem 3	p. 98
The CISG's Approach to Interest	p. 98
Commercial Court (Handelsgericht) Aargau	p. 101
Questions	p. 106
Problem 4	p. 107
Choice of Law Challenges	p. 107
Questions	p. 110
Problem 5	p. 112
The UNIDROIT and PECL Approaches	p. 112
Questions	p. 113
Commercial Agents-Franchises	p. 115
Duration and Termination in the United States	p. 115
E.I. Du Pont De Nemours & Co. v. Claiborne-Reno Co.	p. 116
Questions	p. 123
Jack's Cookie Company v. A.A. Brooks	p. 124
Questions and Comments	p. 128
Hunt Foods, Inc. v. Phillips and H.W. Liholm	p. 129
Varni Bros. Corporation et al., Plaintiffs and Appellants v. Wine World, Inc., Defendant and Respondent	p. 137
Statutes Protecting the Rights of Agents of Franchisees	p. 143
European Union Legislation	p. 150
Problem	p. 161
Extraterritoriality; Enforcement and Claw Back Laws	p. 163
Notes	p. 174
Microfinance	p. 176
Introduction: The Origins and Many Forms of Microfinance	p. 176
Problem 1	p. 182
Microfinance and Social Change	p. 182
Questions	p. 186
Problem 2	p. 187
Problem 3	p. 187
For Further Exploration	p. 188
Meeting the Demand for Microfinance and Creating Sustainable Institutions	p. 188
Questions	p. 198
Problem 4	p. 199
Problem 5	p. 199
For Further Exploration	p. 199
Peer Lending Groups, Relatively High Interest Rates, and Other Characteristics of Microfinance	p. 200
Questions	p. 208
Problem 6	p. 208
For Further Exploration	p. 208
Microfinance in the United States	p. 208
Questions	p. 217
Problem 7	p. 217
The Road Ahead: Weathering Financial and Political Challenges	p. 217
Questions	p. 222
Problem 8	p. 222
Problem 9	p. 223
Letters of Credit and Documentary Sales	p. 224
Questions	p. 228
Problem 1	p. 228
What Is a Letter of Credit?	p. 228
Questions	p. 238
Problem 2	p. 239
The Legal Framework for a Documentary Sale	p. 240
Questions	p. 241
Problem 3	p. 242
A Basic Documentary Sale	p. 242
Voest-Alpine Trading Co. v. Bank of China	p. 244
Questions	p. 249
Problem 4	p. 250
Bankruptcy	p. 254
Thomas J. Salerno, "Reorganization of the Financially Distressed Business in the US-Just How Far Afield Is It From the Rest of the World?"	p. 259
Index	p. 275
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Global Issues in Commercial Law

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