In a logical and persuasive manner, this class-tested casebook first provides background information about UCC Article 2 and the CISG, then addresses key issues in the order in which a lawyer is likely to encounter them in practice: Which law is applicable? Has a contract been formed? What are the terms of the contract? Has the contract been performed? If not, what are the available remedies for the injured party? Finally, the text concludes by considering third parties involved in the sales transactions and the law governing their obligations. Offering instructors the choice of a case analysis pedagogy, a problems approach, or a combination of the two,
United States and International Sales, Lease, and Licensing Law ensures that students understand the basic principles before cases and problems are introduced. Closely-edited contemporary cases highlight the discussion and include Hill v. Gateway (contract formation), Medical Marketing International v. Internazionale Medico Scientifica (warranties under the CISG and confirmation of an arbitral award), MCC-Marble Ceramic Center v. Ceramica Nuova D Agostino (parol evidence and the CISG), Zabriskie Chevrolet v. Smith (contract performance under the UCC), Delchi Carrier SpA v. Rotorex Corp. (remedies under the CISG), Chatlos Systems v. National Cash Register (calculation of damages under the UCC), Robinson Helicopter Company v. Dana Corporation (availability of tort remedies), and Specht v. Netscape Communications Corp. (contract formation in licensing transaction over the Internet). Many problems refer students to international collections found on the Internet, and the text provides references to both unrevised and revised UCC Article 1.
The Second Edition has been updated to reflect the newer version of the INCOTERMS (INCOTERMS 2010), and the Uniform Customs and Practice for Documentary Credits (UCP 600). Discussion of UCC Article 2 has been revised as a result of the Uniform Law Commission and American Law Institute dropping the proposed amendments.
Hallmark features:
Provides background information about UCC Article 2 and the CISG
Addresses key issues in the order encountered in practice
o Which law is applicable?
o Has a contract been formed?
o What are the terms of the contract?
o Has the contract been performed?
o If not, what are the available remedies for the injured party?
Covers third parties involved & and the law governing their obligations
Combines cases and problems for teaching flexibility
o a case analysis structure
o a problems approach
o a combination of the two.
