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Sale of Goods Act 1979 and the Right to Reject and CISG

Sale of Goods Act 1979 and the Right to Reject and CISG


The stimulus extract implies that the object of international sales is to ensure performance. This is not a true reflection of the objectives of international sales. International sales law must strike a delicate balance between certainty and predictability on one hand and flexibility to give effect to the intention of the parties on the other. This central tension has been expressed throughout the history of international sales law. In order to highlight this tension, this paper will explore the right to reject in international sales law at the domestic level under the Sale of Goods Act 1979 and to compare and contrast this with the United Nations Convention on Contracts for the International Sale of Goods (CISG). The central thesis of this research is that the right to reject in many circumstances does frustrate performance of the contract but that in other respects it diminishes the power to the buyer to reject goods in international sales and in doing so ensures performance of the contract. This is against the backdrop of a legal system that attempts to deal pragmatically with the twin goals of certainty and flexibility. The central thesis of this paper is that those circumstances in which the domestic law is too beneficial to buyers should be reformed.
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Article Published: 25/05/2017
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Codification of Directors' Duties

Codification of Directors' Duties


The question of how to make corporate directors accountable has taxed scholars and businesspeople for centuries. A system of corporate governance must strike an appropriate balance between permitting entrepreneurship and risk-taking and the protection of shareholders. Corporate scandals including the demise of corporate behemoths such as Enron and Parmalat show that the current system may tilt the balance too much in favour of directors taking unnecessary risk. Director power is largely controlled in the UK through a series of directors’ duties contained within the Companies Act 2006. This report aims to outline the rationale for these duties, outline their ambit and to critically assess the advantages and disadvantages of the current UK approach with reference to other jurisdictions.
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Article Published: 25/05/2017
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General principles of international law and customary international law

General principles of international law and customary international law


What do we mean by general principles of international law and customary international law?
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Article Published: 25/05/2017
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Hearsay and Human Rights - Horncastle and Al-Khawaja

Hearsay and Human Rights - Horncastle and Al-Khawaja


The general rule in England and Wales is that hearsay statements are not admissible as they defeat any opportunity for the defence to cross-examine witnesses. Such a right is now enshrined in Articles 6(1) and 6(3)(d) of the European Convention on Human Rights. Under the Criminal Justice Act 2003, there are instances in which hearsay evidence can be admitted when the statement maker is not available to give evidence – for example, if they are dead or fearful of attendance in court. The admissibility of such evidence is a particularly thorny issue when such evidence is the sole or decisive evidence for conviction. After a series of case law in the domestic and European Courts, it is now settled that admitting hearsay evidence in such circumstances will not automatically result in a violation of the right to a fair trial. This approach is to be commended.
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Article Published: 24/05/2017
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Separation of Power

Separation of Power


Do you need help with your separation of power coursework or exam topic. The separation of powers is a tricky area but we can provide you with help:
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Article Published: 12/03/2017
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Insider Trading is Harmful

Insider Trading is Harmful


“[Insider  trading] is not, as some respected City gentlemen contend, a  victimless crime.”
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Article Published: 12/03/2017
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The Corporate Objective Debate

The Corporate Objective Debate


Hi All - thanks for coming to our fabulous new blog post which gives you a clear idea of the quality of the work we provide here at the premier law essay coursework and dissertation service for law students.
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Article Published: 12/03/2017
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Law Assignment Writing Service

Law Assignment Writing Service


We are the #1 provider of assignment services for law students in the UK, United States, Canada and Australia.
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Article Published: 03/02/2017
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Invitation to Treat

Invitation to Treat


Invitation to Treat: There is a fundamental distinction between an offer and what is referred to as a mere "invitation to treat" (Harvey v Facey [1893] A.C. 552).
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Article Published: 02/02/2017
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Unfair dismissal and constructive dismissal

Unfair dismissal and constructive dismissal


A common essay question in employment law is to discuss the difference between unfair dismissal and wrongful dismissal.
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Article Published: 02/02/2017
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