Research Handbook on International and Comparative Sale of Goods Law
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Research Handbook on International and Comparative Sale of Goods Law

Edited by Djakhongir Saidov

This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.
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Chapter 5: Trade usages in international sales law

Djakhongir Saidov

Abstract

Most commercial laws and many well-developed sales law regimes and arbitration rules are premised on the existence of and attach much significance to trade usages. This chapter assesses the role of usages in modern sales law and practice. Drawing on the experience of English law, the CISG and UCC, this work develops a framework for understanding the legal concept of a trade usage and reveals many weaknesses in how adjudicators deal with various preconditions for a usage, pointing to a real danger that what is held to be a usage in a court decision or arbitral award is a fiction. It argues that usages are in decline and, in any case, there should be little scope for the legal concept of a trade usage in international sales.

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