International Commercial Agreements: An Edinburgh Law Guide

By Michala Meiselles | Go to book overview

Index
acceptance
CISG, 295–6
content, 296
effect, 3, 288–9, 296
UNIDROIT/PECL, 288
withdrawal, 296
see also offers
Acquis Group, 300
ad valorem duty, 1, 6
adaptation of contracts
flexible price terms, 10–11
force majeure clauses, 10
modification clauses, 57, 58
open price terms, 11
overview, 10–11
severance clauses, 2, 11, 36, 55, 58
advances, 231, 238
advertising see marketing
agency agreements
acceptance of orders, 205–6
accounts, 184, 191
agents and principals, 165
agents’ assumption of responsibility, 167
agents’ concerns, 180, 183–4
agents’ liabilities, 183
agents’ non-contractual activities, 183
agents’ obligations, 183–4, 191, 197–203
apparent authority, 172, 177–8
appointment of agents, 171, 176, 181, 193–4
authority of agents, 170, 172, 175–8, 182, 185, 200–1
authority restrictions, 200–1, 202, 205
back of contracts, 192, 215–16
bank accounts, 201
body of contracts, 192, 193–215
boilerplate clauses, 192, 215
bribery and, 181–2, 184
brokers, 165, 167–8
checklist, 191–2
choice of law, 169–70, 188
civil v common law, 180
commercial agents, 165, 168, 186, 190–1
commission agents, 165, 168
commissions, 191, 202, 206–8, 215–16
commodity exchanges, 186
common types of agents, 167–8
company officers and, 186
competition law, 115, 124, 128, 130
complaint transmission, 197, 198
confidentiality, 184, 199–200
conflicts of interests, 184
consent, 174
contractual relationships, 124
control over customer base, 122–3
control over goods, 122
control over operations, 121–2
control over pricing, 123
creation of relationship, 171–3
credit risks, 124
Crown Agents for the Overseas Governments and Administrations, 186
currency, 201, 216
DCFR, 125, 189–91
death of agents, 214
definitions, 113, 165, 190–1
definitions clauses, 193
del credere agents, 113, 123, 165, 168, 203, 216
del credere guarantees, 203
designated customers, 216
designated transactions, 216
direct and indirect agency, 180
disclosed agencies, 165, 179, 181
distribution or agency, 120–4
documentation, 187, 204
emergencies, 171–2
employers liability, 24, 174–5
English law, 183
estoppel and, 172
EU law, 169–70, 184–7, 196, 197, 203–15
examples, 167
exclusive agreements, 205
expenses refunds, 205
express appointments, 171, 176
factors, 165, 167–8
fiduciary relationship, 174
financial control, 123–4
financial risk, 124, 130
fixed terms, 190, 195, 196
force majeure, 214, 215
formalities, 186–7
front of contracts, 192–3
general obligations, 196–7
good faith duty, 181, 196, 197, 199, 203–4
implied authority, 171, 176–7
implied clauses, 183
indefinite terms, 190, 195–6
indemnification, 114, 183
independence of agents, 191
indirect transactions, 208
information obligations, 204
initial periods, 195, 196
insolvency of agents, 174, 201
insolvency practitioners and, 186
intellectual property rights, 210–11, 216
international law, 187–91

-312-

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International Commercial Agreements: An Edinburgh Law Guide
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Acknowledgements x
  • Table of Cases xi
  • Table of Statutes xiv
  • Preface xix
  • Guide to the Book xxi
  • 1- Planning an International Commercial Agreement 1
  • 2- Drafting an International Commercial Agreement 35
  • 3- International Sales Agreements 68
  • 4- International Distribution Agreements 112
  • 5- International Agency Agreements 164
  • 6- International Licensing Agreements 230
  • 7- International Instruments Governing International Commercial Agreements 282
  • Index 312
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