Principles of Law Relating to International TradeSpringer Science & Business Media, 2006 M01 11 - 301 pages The law of international trade raises questions of great intellectual depth. In Principles of Law Relating to International Trade, the author draws from his practical and teaching experience to give a comprehensive introduction to the key areas of law that apply in international business. For the benefit of readers unfamiliar with the English legal system and the many associated branches of English civil law, the book includes a brief introduction to, among other topics, constitutional, criminal, and employment law. The branches of law directly related to international trade, such as contract, insurance, competition, carriage of goods, and sale of goods, are concisely covered in the main text. Case studies and examples are used to clarify the issues for the non-specialist, making international trade law accessible to those taking professional examinations in this field, as well as business executives. The extensive use of footnotes and inclusion of case commentaries bring into clearer focus the many facets of this complicated subject and would be of benefit to the international trade law specialist. |
Contents
CHAPTER 1 | 10 |
CHARACTERISTICS OF ENGLISH LAW | 10 |
THE CURRENT COURT SYSTEM | 10 |
DOCTRINE OF JUDICIAL PRECEDENT | 13 |
ARBITRATION | 14 |
THE CURRENT LEGAL SYSTEM | 17 |
CONSTITUTIONAL LAW | 19 |
THE LAW OF PROBATE AND SUCCESSION | 22 |
IMPLIED TERMS | 153 |
TRANSFER OF PROPERTY IN THE GOODS | 157 |
RIGHT OF DISPOSAL | 163 |
TRANSFER OF TITLE BY NONOWNERS | 168 |
PERFORMANCE OF THE CONTRACT | 171 |
SELLERS REMEDIES | 174 |
BUYERS REMEDIES | 177 |
CHAPTER 7 | 179 |
THE LAW OF PROPERTY | 29 |
CRIMINAL LAW | 32 |
EMPLOYMENT LAW | 36 |
CHAPTER 2 | 41 |
LIMITATION PERIODS | 42 |
CIVIL LITIGATION | 44 |
CRIMINAL LITIGATION | 49 |
CHAPTER 3 | 63 |
THE TORT OF CONVERSION | 66 |
THE TORT OF NUISANCE | 67 |
DEFAMATION | 68 |
VICARIOUS LIABILITY | 70 |
GENERAL DEFENCES | 72 |
CHAPTER 4 | 75 |
ELEMENTS OF CONTRACT | 76 |
OTHER ELEMENTS | 85 |
TERMS OF A CONTRACT | 97 |
REMEDIES FOR BREACH OF CONTRACT | 104 |
DISCHARGE OF CONTRACT | 109 |
THE LAW GOVERNING A CONTRACT | 120 |
CHAPTER 5 | 129 |
CREATION OF AGENCY | 133 |
AUTHORITY | 134 |
AGENCY OF NECESSITY | 136 |
SUBSEQUENT AUTHORITY OR AGENCY BY RATIFICATION | 137 |
DUTIES OF AN AGENT | 139 |
RIGHTS OF AGENT | 141 |
RIGHTS OF THIRD PARTIES AGAINST PRINCIPAL AND AGENT | 143 |
TERMINATION OF AGENCY | 147 |
EC LAW AND AGENCY AGREEMENTS | 148 |
CHAPTER 6 | 151 |
B STATUTORY CONTROL | 183 |
CHAPTER 8 | 189 |
THE COMPETITION ACT 1998 | 191 |
RESTRICTIVE TRADING AGREEMENTS AND TREATY OF ROME | 194 |
CHAPTER 9 | 201 |
INCOTERMS | 202 |
CIF CONTRACTS | 205 |
CHAPTER 10 | 213 |
CHEQUES | 223 |
THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS | 226 |
OTHER METHODS OF PAYMENT | 235 |
CHAPTER 11 | 237 |
2 THE CONTRACT OF INSURANCE | 240 |
THE INSURANCE POLICY | 245 |
INSTITUTE CARGO CLAUSES | 248 |
AVIATION INSURANCE | 253 |
CHAPTER 12 | 255 |
BAILMENT | 256 |
COMMON AND PRIVATE CARRIER | 257 |
GENERAL AVERAGE | 258 |
CHARTERPARTIES | 261 |
BILLS OF LADING | 265 |
HAGUEVISBY RULES 1968 | 271 |
HAMBURG RULES 1978 | 277 |
CHAPTER 13 | 281 |
ROAD HAULAGE ASSOCIATION | 286 |
CHAPTER 14 | 289 |
BASIC SYSTEM OF LIABILITY | 290 |
CARRIERS DEFENCES | 292 |
APPLICATION OF THE LEGAL REGIMES | 293 |
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Common terms and phrases
acceptance action agency agent agreed agreement amended apply arbitration Article authority bank bill of lading Bills of Exchange breach of contract broker buyer cargo carrier charter-party cheque circumstances civil claim claimant Commission common law condition consignment contract of carriage criminal Crown Court defence delivery discharged documents drawer effect employee employment English law entitled example exemption clause export Furthermore Hague-Visby Rules Hamburg Rules held High Court House of Lords implied term INCOTERMS intention invitation to treat issued letter of credit liability Limitation Act 1980 limited Lloyd's Rep loss or damage Magistrates misrepresentation Misrepresentation Act 1967 negligence normally noted notice offence offer owner paid payable payment performance person port principal prosecution reasonable recover Regulation remedy risk Section sell seller ship shipment shipowner shipper solicitor specific third party tort trade transfer underwriter usually vessel warranty Warsaw Convention