This chapter focusses on purposes of modern sales law, the forces that influence utilization of uniform sales law, and challenges our perceptions about the suitability of domestic and uniform law in governing international sales. Part II examines the purposes and functions of modern sales law,...

On 17 December 2020, the Law Commission for England and Wales opened a public call for evidence on the topic of the existing law's ability to adequately regulate smart contracts. This Submission is a response to that call for evidence. It addresses the United Nations Convention on Contracts for...

This paper analyses lawyer's choices of law in international sales contracts. It identifies key reasons for opting in or out of the CISG across different jurisdictions. The paper then examines aspects of this choice from economic and psychological perspectives: from the ability to externalize...

Why do lawyers in some jurisdictions continue to ‘automatically’ exclude the 1980 UN Convention on Contracts for the International Sale of Goods (CISG) in their choices of law for international sales contracts? Why do lawyers in other jurisdictions approach the decision very differently? Why...

Section 74(5) of the Transfer of Land Act 1958 (Vic) was inserted into the Act in 2014. It provides that ‘[a] registered mortgage does not operate as a mortgage or charge on the land if for any reason the mortgage is, or is found to be, void or not enforceable at law or in equity and the...

An issue that remains unresolved in relation to the United Nations Convention on Contracts for the International Sale of Goods is the role played by good faith. As its name implies, the CISG governs the formation of certain contracts across international boundaries. Because its good faith...

This chapter explores the extent to which Australian contract law has - or has not - reflected international contract law in its development. The author explores the areas in which Australian courts and legislators might benefit from drawing upon the CISG and the UNIDROIT Principles of...

Australian case law on infringement of registered trade marks has placed an increasing emphasis on the reputation of the owner of the registered trade mark in determining whether infringement has occurred. Consideration of the trade mark owner's reputation has been included in determining...

Australian legislation for the plain packaging of tobacco products raises a number of issues concerning the interpretation of TRIPS. Some have argued that TRIPS either confers a right to use or something approaching a right to use that is far more than a privilege of using a trademark....

The Australian law on parallel importing of trade marked goods appears to be inconsistent with the objectives of that law. A combination of the new legislation in 1995 and case law since that legislation has led to the erosion of a regulatory scheme which was previously more tolerant of parallel...