Essential Principles of Contract and Sales Law in the Northern Pacific: Federated States of Micronesia, the Republics of Palau and the Marshall Islands, and United States Territories

Framsida
iUniverse, 2005 - 472 sidor

Taking an anthropological approach, Essential Principles of Contract and Sales Law in the Northern Pacific highlights how regional customary and traditional law interact with Anglo-American concepts of contract and sales law to produce a unique amalgam of substantive law in this Pacific region.

Author and law professor Daniel P. Ryan compiles and discusses the current contract and sales law applicable in the Pacific region, including the Republics of Palau and the Marshall Islands, Hawaii, Guam, Northern Mariana Islands, American Samoa, and the Federated States of Micronesia.

Ryan compares and contrasts this regional law to international standards, including the UN Sale of Goods Convention, the UNIDROIT Principles of Contract Law, UNCITRAL Model Law for E-Commerce, the Uniform Commercial Code, the Revised Uniform Commercial Code, and the Restatement (Second) of Contracts. Essential Principles of Contract and Sales Law in the Northern Pacific is essential reading for members of the judiciary, academics, practitioners, students, and businesses within the region and their major trade partners.

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Preface
xvii
Regional Legislation
xlvi
Definition Essential Elements General
3
Certain and Definite Terms
13
Relationship between Certainty
23
Offerors Ability to Revoke
29
Operation of Law
35
Modern Approach
53
Duty of Good Faith
222
Right to Suspend Performance
235
Duty to Mitigate Damages
243
Sale of Goods
249
Damages
256
Sale of Goods
262
Withhold Delivery
271
Sale of Goods
278

Forbearance to Sue
61
Legal capacity to contract
75
Unilateral and Mutual
81
Mistake in Transmission
93
Duress and Undue Influence
99
Basic Rules of Contract Construction
125
Statute of Frauds
141
Conditions
161
Condition Precedent
167
Condition Subsequent
173
Divisibility of Contract
179
Accord and Satisfaction
193
for the Sale of Goods
196
Warranties in Sales Contracts
206
Other Actions
286
Specific Performance
293
Unjust Enrichment and an Anthropology
299
Statute of Limitations
305
Statute of Limitations and Laches
310
Relationship between Quasi Contract and Anthropology
319
Defenses to Third Party Claims
336
Delegation of Duties
349
Index
361
Internet Sites
367
Table of Constitutions Statutes and Codes
377
Table of Restatement Second of Contracts Citations
383
Table of UNIDROIT Citations
389
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