Publisher's Synopsis
This book is the first one in English to focus in depth upon the private international law problems raised by the sale of goods. It begins with the substantive law and practice, and uses this as the basis for a comparative and critical discussion of the private international law issues. Examples of the typical obligations of the buyer and seller are also provided. International Sale of Goods in the Conflict of Laws is a strong new addition to the Oxford Private International Law Series and covers everything from torts to e-commerce. Contracts of sale with a cross-border element are an everyday occurrence and one which is becoming ever more common with the advent of modern communications technology. For example, where, for jurisdictional purposes, is the place or performance of the obligation to pay for goods? Where software is sold over the Internet, is this a sale of goods contract and, if so, where are the goods delivered? Foreign judgments as to title raise complex questions as to enforcement, recognition and res judicata. As regards choice of law, sales-specific problems arise to a large extent from the interaction of contractual obligations and title matters which are central to the sale contract and the complex characterisation questions which ensue. They arise from the enactment in many countries of the Vienna Convention, from the complex inter-relationship between buyer, seller and third parties and from sales-specific domestic legislation which may be mandatory irrespective of the applicable law. The book is concerned not only with contractual disputes that can arise out of the international sale of goods but also with torts, such as conversion and negligent misstatement, that can arise out of this type of contract. Restitutionary and proprietary claims can also arise. Special attention is paid to both the jurisdictional and choice of law problems that occur in cases of business to business e-commerce.
