Introduction - Chapter 1 - Remedies in International Sales
About the Author:
Chengwei Liu has practiced as a PRC lawyer in international trade and arbitration, FDI, M & A and IPO since his graduation from Renmin University of China. He has contributed to a CISG comparative review book published by Cambridge University Press and has authored over ten journal articles that have appeared in the Pace Review of the CISG, China Law & Practice, etc.
About the Editor:
Marie Stefanini Newman is the Director of the Pace University School of Law Library and an Associate Professor of Law. She also serves as Database Manager of the Pace website devoted to the United Nations Convention on Contracts for the International Sale of Goods.
Originally from Remedies in International Sales - Hardcover
Remedies in International Sales - PDF
Preview Page from Chapter 1
Breach of contract can occur in an almost infinite variety of circumstances. This concept is sometimes called “nonperformance.” In this book, both the terms “breach” and “nonperformance” are used, which cover all forms of a failure to perform, irrespective of whether there are grounds for exemption. “Non-performance of a contract, in international sales practice,entails a variety of legal consequences for the parties involved.” It is generally said that no aspect of a system of contract law is more revealing of its underlying assumptions than the law that prescribes the relief available for breach. In this book, the author means to present a systematic and detailed analysis of the “common core” of contract law -- the remedial provisions in case of breach. The analysis will focus on the remedial provisions of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter “Convention” or “CISG”), which “elaborates the common law and practices of international sales and the common core of domestic commercial rules.”3 Such provisions are contained mainly in CISG Part III and they warrant a careful examination. CISG, on which this analysis will focus, was drafted by the United Nations Commission on International Trade Law (UNCITRAL). As its....