Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Remedies (3)
- CISG (2)
- International Law (2)
- International Trade (2)
- Law and Economics (2)
-
- Accounting (1)
- Administrative Law (1)
- Admiralty (1)
- Agency (1)
- Aggrieved buyer (1)
- Agreed damages (1)
- Agriculture Law (1)
- Air and Space Law (1)
- Animal Law (1)
- Arts and Entertainment (1)
- BDT (1)
- Banking and Finance (1)
- Bankruptcy Law (1)
- Behavioral decision theory (1)
- Biography (1)
- Breach of contract (1)
- Buyers' remedies (1)
- CISG Article 2 (1)
- CISG Article 45 (1)
- CISG Article 46 (1)
- Civil Law (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Communications Law (1)
- Comparative and Foreign Law (1)
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Legal Remedies
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Ubi Remedium, Ibi Ius At The Wto, Joel P. Trachtman
Ubi Remedium, Ibi Ius At The Wto, Joel P. Trachtman
ExpressO
The WTO law of remedies for violation appears incoherent. States that fail to comply with their obligations are subject to WTO-authorized retaliation. First, this retaliation takes the inefficient form of blocked trade by the complaining state. This remedy is unlikely to be useful to developing countries. Second, the amount of trade blocked by the violation is often used as the measure of authorized retaliation. This measure is not necessarily incentive compatible, as it is not necessarily linked to welfare. Thus, its use may result in inefficient breach, or inefficient compliance, with WTO law. Third, only states that engage in dispute …
Remedies And The Cisg: Another Perspective, Robert A. Hillman
Remedies And The Cisg: Another Perspective, Robert A. Hillman
Cornell Law Faculty Publications
In this brief comment, I apply behavioral decision theory to the question of the enforcement in transnational sales of super-compensatory agreed damages. I conclude that a good case can be made that such damages provisions should be enforced.
Buyers' Remedies In General And Buyers' Performance-Oriented Remedies (25th Anniversary Of The United Nations Convention On Contracts For The International Sale Of Goods), Harry Flechtner
Articles
This paper focuses on Articles 45, 46 and 28 of the CISG - provisions that, despite their importance in the substantive scheme of the Convention, have not generated a great deal of case law or controversy. Article 45, the lead provision of Section III ("Remedies for Breach of Contract by the seller") of Part III, Chapter II of the CISG, provides an overview or catalogue of an aggrieved buyer's remedies (Article 45(1)), along with a rule that coordinates buyers' remedies (Article 45(2)) and a rule of general applicability for all of the buyers' remedies (Article 45(3)). Article 46 provides for …