Principles of law relating to overseas trade / Nicholas Kouladis.

Format:

Book

Author/Creator:

Kouladis, Nicholas, 1959-

Series:

Principles of export guide books

Principles of export guidebooks

Language:

English

Subjects (All):

Commercial law.

Export sales contracts.

Foreign trade regulation.

Physical Description:

xxii, 297 pages : illustrations ; 23 cm.

Place of Publication:

Oxford, UK ; Cambridge, Mass., USA : Blackwell Business, 1994.

Contents:

Part 1 Principles of the Law of Contract 1

1 Elements of Contract 3

Types of Contract 3

Agreement 4

Legal Relations 11

Legality 14

2 Terms of a Contract 19

Express 19

Implied 20

Importance of the Terms of a Contract 22

3 Misrepresentation 27

Remedies 28

Misrepresentation by Non-Contracting Parties 30

4 Mistake 35

Mistake as the Nature of the Contract 36

Unilateral Mistake 37

Bilateral

Common Mistake 40

Mutual Mistake 41

5 Remedies for Breach of Contract 45

Damages 45

Equitable Remedies 49

Limitation of Actions 52

6 Discharge of Contract 55

By Agreement 55

By Performance 56

By Breach 61

By Frustration 62

7 Arbitration 69

8 Law Governing a Contract 73

The Contracts (Applicable Law) Act 1990 74

Under Common Law 75

Some Additional Rules Applicable to Foreign Contracts 78

Part 2 Agency Law 81

9 Agency 83

Classification of Agents 84

Creation of Agency 89

Authority 89

Agency of Necessity 93

Subsequent Authority or Agency by Ratification 93

Duties of an Agent 96

Rights of an Agent 99

Rights of Third Parties Against Principal and Agent 101

Authority of the Agent to Receive Payment 106

Termination of Agency 107

EC Law and Agency Agreements 108

10 Exemption Clauses 115

Judicial Control 115

Statutory Control 120

Unfair Contract Terms Act 1977 121

Part 3 Sale of Goods Act 1979 129

11 Sale of Goods 131

Implied Terms 133

Transfer of Property in the Goods 137

12 Right of Disposal (s.19) (Romalpa Clauses) 145

Transfer of Title by Non-Owners (s.21) 147

Performance of the Contract 151

Delivery 151

Acceptance 154

13 Seller's and Buyer's Remedies 157

Seller's Remedies 157

Buyer's Remedies 159

14 Introduction to CIF and FOB Sales 163

Incoterms 164

FOB Contracts 165

CIF Contracts 166

Summary of Important Points on Sale of Goods 171

Part 4 Competition Law 173

15 Restrictive Trade Practices 175

Restrictive Trade Practices Act 1976 175

Restrictive Trading Agreements and the Treaty of Rome 176

16 Free Movement of Goods in the European Community 183

Article 30 183

Article 36 184

Part 5 Legal Aspects of the Finance of Exports 189

17 The Law Relating to Export Finance 191

Bills of Exchange 191

Cheques 209

18 Letters of Credit 217

Types of Documentary Credit 218

Short-Circuiting of Letter of Credit 222

Autonomy of the Letter of Credit 222

Fraud Affecting Letters of Credit 222

The Doctrine of Strict Compliance 223

Other Methods of Payment 224

Part 6 Export Insurance 229

19 Marine Insurance 231

Lloyd's 231

The London Company Market 233

The Insurance Broker 233

The Contract of Insurance 234

Aviation Insurance 241

20 General Average 243

21 Institute Cargo Clauses 247

Institute Cargo Clauses A, B and C 247

Risks Clause 248

General Average Clause 250

The Transit Clause 250

Institute War Clauses (Cargo) 253

Institute Strikes Clauses (Cargo) 254

Part 7 Legal Aspects of Carriage by Sea, Air and Road 255

22 Carriage of Goods by Sea 257

Liability of Common Carriers 258

Bills of Lading 260

Carriage of Goods by Sea Act 1971 262

Types of Bills of Lading 269

The Date of the Bill of Lading 272

23 Carriage of Goods by Air 275

Basic System of Liability 276

Application of the Legal Regimes 278

24 Carriage of Goods by Road 281

Convention on the Contract for the International Carriage of Goods by Road (CMR) 281

Road Haulage Association 286.

Notes:

Includes index.

ISBN:

0631193561

OCLC:

30318703