Modern law of sales in the United States / Alissa Palumbo.

Format:

Book

Author/Creator:

Palumbo, Alissa, author.

Series:

International commerce and arbitration ; Volume 17.

International Commerce and Arbitration ; Volume 17

Language:

English

Subjects (All):

Law--United States.

Law.

United States--Law and legislation--History.

United States.

Physical Description:

1 online resource (248 p.)

Edition:

1st ed.

Distribution:

Portland, Oregon : International Specialized Book Services, [date of distribution not identified]

Place of Publication:

Hague, Netherlands : Eleven International Publishing, 2015.

Language Note:

English

Summary:

This book covers all the critical aspects of the law governing the sale of goods in the United States. It defines the scope of the law of sales, lays out the obligations of the seller and the buyer, discusses the allocation of risk, and addresses all the available remedies for breach of a sales contract. A representative sampling of cases are examined from various jurisdictions and levels of review in order to portray an accurate picture of modern US sales law and provide practical solutions to complications that may arise during a sale. Contents include: An Introduction to the Modern Law of S

Contents:

Cover; Title Page; Table of Contents; Abbreviations; Preface; Table of Cases; Bibliography; 1 An Introduction to the Modern Law of Sales in the United States; 2 Legal Framework of Sales Law in the United States; 2.1 Article 2 of Uniform Commercial Code; 2.2 Statutes and Regulations; 2.3 The Common Law and General Principles of Law; 2.4 Louisiana Civil Code; 2.5 International Sales; 2.6 Modern Consumer Protection; 2.6.1 The History of Protecting Consumers in the United States; 2.6.2 Regulating Standard Terms; 2.6.3 Class Action Lawsuits; 3 Historical Overview of Sales Law

3.1 The Common Law and Unification Efforts3.1.1 Uniform Acts; 3.2 The Uniform Commercial Code; 3.2.1 Karl Llewellyn's Influence on the U.C.C.; 3.2.2 The 2003 Revisions; 4 Identifying the Boundaries of a Sales Contract; 4.1 Sale by Auction; 4.2 Other Supply of Goods Contract; 4.3 Mixed Contracts; 5 The Concept of Goods; 5.1 General Definition of Goods; 5.2 Questionable Goods; 5.2.1 Biological Materials; 5.2.2 Electricity, Gas, Water; 5.2.3 Information and Software; 6 General Remarks on Performance of a Sales Contract; 6.1 Obligations; 6.2 Terms of the Contract and Article 2 Gap-Fillers

6.2.1 Course of Performance, Course of Dealing and Trade Usages6.3 General Obligation of Good Faith; 7 Tender of Delivery; 7.1 Effects of Delivery; 7.2 Tender of Non-Conforming Goods; 7.3 Manner of Delivery; 7.3.1 Place of Delivery; 7.3.2 Time of Delivery; 7.4 Notification Duties; 8 Documents; 8.1 Tender of Delivery through Documents; 8.2 Documents Evidencing Conformity; 9 Conformity of the Goods: The Law of Warranties; 9.1 Express Warranties; 9.1.1 Basis of the Bargain; 9.1.2 Creating an Express Warranty; 9.1.2.1 Affirmations of Fact and Descriptions; 9.1.2.2 Samples or Models

9.2 Obligations to Remote Purchasers9.2.1 Pass-Through Warranties; 9.2.2 Advertisements and Communications to the Public; 9.3 Implied Warranties; 9.3.1 Implied Warranty of Merchantability; 9.3.1.1 Defining Merchant; 9.3.1.2 The Ordinary Purpose of Goods; 9.3.1.3 Implied Warranty and Strict Products Liability; 9.3.2 Implied Warranty of Fitness for Particular Purpose; 9.4 Third Party Beneficiaries of Warranties; 9.5 Affirmative Defences to Warranty Claims; 9.6 Warranty Modifications and Disclaimers; 9.7 Warranty of Title and Third Party Property Rights; 10 Payment

10.1 Time and Place of Payment10.2 Determining an Open Price Term; 10.3 Modes of Payment; 10.3.1 Payment with Legal Tender; 10.3.2 Payment by Cheque or Letter of Credit; 10.4 Alternative Means for Securing an Unpaid Seller; 10.4.1 Purchase Money Security Interest; 10.4.2 Right of Stoppage in Transit; 10.4.3 Right to Retain Possession and Reclaim the Goods; 11 Taking Delivery; 11.1 Acceptance v. Taking Delivery; 11.2 Acts Forming Part of Taking Delivery; 11.3 Exceptions to the Obligation to Take Delivery; 12 Risk of Loss

12.1 Allocation of Risk in Contracts Contemplating Transportation by Carrier

Notes:

Description based upon print version of record.

Includes bibliographical references.

Description based on online resource; title from PDF title page (ebrary, viewed January 5, 2015).

ISBN:

94-6274-096-8

OCLC:

900344124