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Title: The seller's duties in sale of goods : a comparative approach
Author: Shirani Faradonbeh, Alireza
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1999
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The purpose of this thesis is to discuss and compare a seller's duties with respect to delivery and quality of the goods sold under specified national systems namely English, United States (US), French and Iranian law as well as the Vienna Convention for International Sale of Goods 1980 (CISC). The thesis consists of an introduction and two parts. Part 1 consists of 5 chapters each of which is respectively devoted to the discussion of the seller's duty to deliver under one of the aforesaid legal systems. This discussion covers a variety of issues such as modes of delivery, time of delivery, place of delivery, quantity of the goods delivered, breach of the duty to deliver by the seller and his right to remedy the breach both before and after expiry of the time for delivery. The discussion goes on to deal with the issue of the buyer's remedies for breach of the contract by the seller including his right to reject the goods or to revoke his acceptance of the goods, to apply for damages on the basis of "cover" or "contract-market" differential price formula, and to demand compensation for incidental and/or consequential damages caused by the breach. The discussion will end by considering the aggrieved buyer's chance to acquire an order from the court requiring the seller to specifically perform the contract under aforegoing systems. Part 2 of this thesis contains 6 chapters. The first chapter of this part concerns the seller's duty as to quality of the goods under the English system and examines the problems arising from both the express warranties and the implied warranties imposed by the law. The same discussion will follow in chapters 2-5 which has been allocated respectively to US, French, Iranian law, and the CISG. Finally, the thesis will end with chapter 6 which is allocated to the issue of conclusion of the foregoing discussions.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available