bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Netherlands
Authors: Busch Danny 
Published: September 2022

Abstract
This chapter describes and discusses the liability the Dutch Authority for the Financial Markets (Stichting Autoriteit Financiële Markten or the AFM) and the Dutch Central Bank (De Nederlandsche Bank NV or DNB). Before 1 July 2012, there was no statutory provision which specifically addressed the liability of the AFM and DNB. This meant that their liability was governed by the general tort provisions in force at that time, especially Articles 6:162 and 6:163 of the Dutch Civil Code, in line with state liability in the Netherlands generally. In 2006, in the landmark case Vie d’Or, the Dutch Supreme Court held that the financial supervisors were subject to the unwritten standard of care that their conduct ‘must meet the requirements necessary for proper and careful supervision’. Whether or not a financial supervisor had exercised the required level of care depended on all the circumstances of the case, one of them being whether or not it was exercising a discretionary power. If the financial supervisor was exercising a discretionary power (and this was—and still is—usually the case), the courts had to respect that power and could subject the financial supervisor’s conduct only to a marginal review. Since 1 July 2012 the liability of both the AFM and DNB is subject to a statutory limitation. This limitation of liability is laid down in Section 1:25d Wft. It limits the liability of the AFM and DNB to cases in which the loss is to a significant extent due to a failure involving (1) intent (opzet) or (2) gross fault (grove schuld) (a) to perform their statutory duties properly or (b) to exercise their statutory powers properly. This standard is stricter than that which applied before 1 July 2012. The protection of Section 1:25d Wft extends to the activities of DNB as the designated national resolution authority (NRA) for banks within the Single Resolution Mechanism (SRM).
Ireland
Authors: Clarke Blanaid 
Published: September 2022

Abstract
This chapter describes and discusses the civil liability of the Irish Central Bank (CBI), the single financial services supervisor in Ireland. It examines the possible private law claims for damages. These are: (1) actions for breach of statutory duty simpliciter (i.e. irrespective of negligence); (2) actions based solely on the careless performance of a statutory duty in the absence of any other common law right of action; (3) actions based on a common law duty of care arising either from the imposition of the statutory duty or from the performance of it; and (4) misfeasance in public office. The chapter also examines the liability of the state for the actions or inactions of the CBI. Finally, it considers the circumstances in which statutory immunity may protect the state or the CBI from liability arising from a breach of EU or national law.
Hong Kong and Singapore
Authors: Booysen Sandra Annette 
Published: September 2022

Abstract
There are numerous circumstances in which a member of the public may be aggrieved by the conduct of the authorities who supervise the financial services sector. Claimants might include bank depositors who lose monies when a bank collapses, or the financial institution itself which is denied a licence or has its licence withdrawn. Recovery and resolution measures may similarly trigger grievances from the affected financial institution, or from adversely affected shareholders or creditors. In Hong Kong and Singapore, financial authorities are protected from civil claims by extensive immunity provisions. These provisions do not, however, protect from bad faith conduct, and the financial authorities can be sued for the tort of misfeasance in public office. There are also other limited avenues of recourse for claimants to challenge decisions, including judicial review.
United States of America
Authors: Broome Lissa Lamkin 
Published: September 2022

Abstract
In the United States there is limited liability for financial supervisors and resolution authorities. Although the Federal Tort Claims Act (FTCA) permits suit against the United States for certain torts to provide compensation for those injured by government wrongdoing, the statute has a significant exception for discretionary functions. This exception has been interpreted to cover most conduct of federal financial regulators. When a bank becomes insolvent, however, the Federal Deposit Insurance Corporation (FDIC) is appointed as its receiver and assumes all of the bank’s rights, including the ability to sue its former officers and directors for liability. In such suits, the officers and directors often assert affirmative defences based on the FDIC’s own conduct. The affirmative defences, if successful, only reduce the amount of the FDIC’s claims against the defendants and do not serve as a positive theory for recovery against the FDIC. Liability has been found, however, when the government promised the benefit of particular accounting practices to depository institutions that purchased failed thrifts but later enacted legislation that precluded the application of those accounting practices.
Global Sales and Contract Law
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This book provides a comparative analysis of domestic laws on contracts and sales in over sixty countries to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present-day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. The book encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. Since the first edition, new case law and legislation have emerged changing the content of the law on contracts and sales in some countries, and changes to the law of contract have been implemented in Argentina, France, Hungary, and Japan. Additionally, there have been 16 further country adoptions of the CISG. The UNIDROIT PICC was updated in 2016, and the ICC released new editions of its INCOTERMS© and force majeure and hardship clauses in 2020. International or multilateral developments that were in prospect (and some which were not) when writing the original edition have now either evolved or disappeared. This new edition provides a fresh comparative analysis of domestic laws and international developments, whilst considering the new case law applying and interpreting uniform projects like the CISG and the UNIDROIT PICC, and the influence this may have in the domestic law on contracts and sales.
Development of Domestic Sales Laws
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter expounds on the domestic sales laws across the world. It cites the differences and peculiarities of the Uniform Commercial Code in the US, Code Civil in France, codifications of the Germanic legal systems and Ibero-American legal systems, and the jurisdictions of the African legal systems. Additionally, the chapter explores the main influences of Middle Eastern, Arab, and Asian laws. It highlights how no comparative work on sales and contract law would not include its respective historical development. The chapter notes that the foundation of Continental European systems is Roman law after it was preserved in Western Europe.
Modern Practice of International Sales Law
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter explores the modern practice of international sales law. It notes the booming trend of international trade since 2008. Most surveys on how the law interacted with international trade are limited to the geographical approach, the number of respondents, and empirical research. The chapter highlights the Global Sales Law survey conducted by the United Nations Commission on International Trade Law (UNCITRAL). It also includes the significance of CISG in international sales law. The increase in international trade is reflected by a comparable increase in sales law litigation and arbitration.
The Concept of Goods
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter explores the concept of goods. Goods are generally referred to as the object of a sales contract. The majority of civil law jurisdictions do not restrict the definition of goods to tangible goods from the onset. Res extra commercium is declared when the notion of goods is outside the matters of commerce. Additionally, The Sales of Goods Acts and CISG do not include money from its statutory definition of goods. The chapter then discusses the examples and specificities of tangible goods and intangible goods. The modern issue of all jurisdictions concerns software, stocks, and shares.
Electronic Communications
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter focuses on electronic communications. It highlights the significance of electronic communication in modern international trade transactions. Unification and harmonization efforts were made to ensure legal framework and legal systems modernize their laws in line with cross-border transactions. The chapter discusses the principle of equality in line with contract formation over electronic communications by referencing the process of offer and acceptance in a website. Moreover, an information system is designated if the recipient has used the address of this information system in business communications. Many of the modern rules on electronic communication include special definitions for the dispatch and receipt of declarations as well.
Modification of Contract
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter explicates the modification of contacts. The general principles of freedom, statutory form requirements, and contract formation are applied when it comes to modifying contracts. Severe restrictions on modifications could be found in common law legal systems. Moreover, the chapter lists waiver, practical benefit, and abandoning consideration requirements as variations of contracts. Parties regularly agree on a no-oral medication clause in the recent commercial practice. The chapter notes the possible approach of protecting a party’s reasonable reliance on the modification, which is found in the common law legal systems.
Consequences of Mistake, Fraud, and Duress
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter notes the consequences of mistake, fraud, and duress in contracts. The principal remedy for mistake, fraud, and duress is similar which is the victim’s right to render the contract void ab initio. Unlike fraud and duress, remedies for mistakes can be contractually waived in many legal systems. The chapter clarifies the right to rescind should not be confused with the right to avoid being accosted with a breach of contract. Moreover, rescission is subject to confirmation and expiration of time. The chapter also explains the process of restitution. It highlights the importance of checking the damage following the deed.
Excessive Benefits and Unfair Advantages
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter explores excessive benefits and unfair advantages. All jurisdictions with a market economy struggle to regulate contracts with substantial contractual injustice. The chapter explains how gross disparity focuses on civil law jurisdictions, whereas unconscionability primarily examines common law jurisdictions. Gross disparity refers to an unusually significant difference between the obligations assumed by each party at the time of the conclusion of the contract. Meanwhile, some jurisdictions need the additional element of some kind of abusive conduct or blameworthy behavior. The chapter notes adaptation of the contract is another solution against gross disparity. It explains unconscionability is a concept that needs a high level of moral obloquy.
Form Requirements
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter discusses form requirements. Form requirements are typically used as a means to protect consumers, or as an attempt to assist dispute determination by way of evidentiary rules. Additionally, statutory form requirements are used for a variety of purposes, such as the goods to be sold, the parties to the contract, or the value of the contract. The formal validity of the contract has traditionally been distinguished by the law of the place where the contract was concluded. Moreover, the in writing formal requirement is imposed by law. The chapter also notes the form required for initial contract and alteration.
General Remarks on Pre-Contractual Liability
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter explains the pre-contractual phase. It recognizes the grey area when the parties have started to negotiate a contract since they are no longer strangers under tort law. As a consequence of the freedom of contract principle, parties to determine the structure of their negotiation process first. Applicable law usually handles how most negotiations precede sale contracts. Explicit rules on pre-contractual liability are rarely found, even in civil law legal systems with a comprehensive civil code. Legislators around the world introduced statutory rules providing for a general liability resulting from culpa in contrahendo. However, the CISG does not have any culpa in contrahendo provision at the international level.
Interpretation and Supplementation
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter explicates interpretation and supplementation. It clarifies how it does not encompass the interpretation of the statutory law. The sources for rules on interpretation and supplementation differ among legal systems. Additionally, both uniform law and projects contain provisions on interpretation at the international level. The chapter highlights the importance of the contract’s wording. It cites the possible approaches of interpretations: subjective, objective, and uniform approaches. All legal systems agree that there is no right and no duty for adjudicators to rewrite a contract. The chapter then clarifies how the interpretation of statements should not be mixed with the subsequent modifications of concluded contracts.
Practices and Usages
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter discusses the role of practices and usages. Practices and usages are the most common factors to be taken into account when interpreting declarations or contracts as they supplement possible gaps left by parties in a contract. Legal systems typically acknowledge the relevance of practices and usages for interpreting party conduct and contracts and determining the content of the contract. The chapter also notes how practices and usages are also found in commercial codes, civil codes, and codes of obligation at the domestic level, while uniform laws and projects take over practices and usages at the international level.
Delivery
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter tackles the concept behind the act of delivering. It refers to how delivery is the obligation of the seller. Legal systems have developed two further subcategories to the notion of delivery: symbolic delivery and deemed delivery. Moreover, categories of delivery fall under the rubric of legal delivery which the applicable law determines. The chapter discusses the internal and external effects of the act of delivering. It adds how non-conformity versus non-delivery have different legal consequences as well. Then, the chapter expounds on how the process of delivery is a contractual agreement.
Examination and Notice
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter explores examination and notice. The failure of the buyer to examine the goods and notify the seller of any non-conformities discovered does not give rise to any liability on the part of the buyer. The obligations of examination and notice do not compare to the obligation of payment of the purchased price. Many civil law legal systems traditionally operate with a very strict notice requirement, most of which are in line with commercial transactions. The chapter then highlights the determination of the period for examinations and notices. The general consequences mostly fall into the loss of remedies or exclusion of non-conformities.
General Remarks on Buyer’s Obligations
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter tackles the obligations of buyers. The obligations of the seller and buyer are symbiotic in the sense of blatant interplay. The payment of the price is a characteristic obligation of the buyer under a sales contract. One of the characteristic obligations includes the assumption of possession of goods. However, the obligations of buyers are limited in line with applicable law. The chapter notes the additional obligations of buyers such as sources, confidentiality, and competition. Similar to seller’s obligations, it is easier to find nearly all obligations of the buyer in one piece of legislation from the common law systems.
Passing of Risk
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter notes the notions of risks. Price risk is the risk of having to bear the cost of damage to the goods, wherein the buyer is still obligated to pay for purchase price since the damage was neither of the parties’ fault. The rules on the passing of risk are only relevant where neither party can be considered responsible for the loss or the circumstances. The chapter narrates the number of consequences following the passing of risks. Under the general principle of freedom of contract, parties need to make provision for the allocation of risk in their contract. Trade terms are used to specify obligations under the contract.
Taking Delivery
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter explicates the obligation of buyers to take delivery of goods. Taking delivery is in line with taking control over and bearing responsibility for the goods. Common law legal systems impose a positive duty to accept the goods in accordance with the terms of the contract of sale. However, the duty to accept goods is not clearly defined. Affirmative communication, inconsistent ownership, and delayed rejection of goods are the three methods for effective acceptance. Meanwhile, the two acts of taking delivery are divided between taking over the goods and assisting with the modalities of delivery.
General Remarks about Remedies
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter focuses on remedies of contract breaches. It mentions how clauses establishing, modifying, and excluding remedies are among the most common features in sales contracts. The cause-oriented approach is followed by structured civil law legal systems wherein remedial systems are structured in a way so that each cause for the disturbance in the performance determines the available remedy. Moreover, the impossibility impacted the validity of contracts. On the other hand, the breach-of-contract approach is traditionally followed by common law jurisdictions. The chapter lists the consequences of breaches such as damages, specific performance, and avoidance. CISG had been a notable proponent in building a modern approach to remedies.
Exemption
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter discusses exemptions, impediments, hardships, and obligee’s behavior. All legal systems envisage some possibility to relieve the obligor from the obligation to pay damages after a breach of contract has occurred. However, legal systems vary in responding to these. The civil law system’s natural solutions around the absence of fault, while the common law system takes a strict liability approach. The critical distinction between impediment and hardship is that performance does not need to be impossible under hardship. Obligee’s behavior plays a vital role in questions of whether an obligor should be exempted from either its responsibility or damages for a failure to perform.
Unwinding of the Contract
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter tackles the unwinding of contracts. Contracts may be invalid from the outset because requirements for the formation of the contract have been lacking despite the efforts of parties to do their respective obligations. The chapter lists the possible reasons for the failure of a contract such as the lack of capacity, authority, agent, mistake, fraud, illegality, or initial impossibility. Property law, unjust enrichment, and tort law usually cover the unwinding of a contract. However, cases of avoidance are handled differently. The chapter then discusses the impact of a contract’s conclusion.
Limitation of Actions
Authors: Schwenzer Ingeborg , Muñoz Edgardo 
Published: September 2022

Abstract
This chapter looks into the limitation of actions. All legal systems recognize the need to impose limitations or prescription periods. Also, many legal systems have statutory amendments to the law on limitations of actions at a more general level. The three principle policy reasons behind the imposition of a limitation period are unfair considerations, improperly enforced claims, and time reducing the availability of evidence. The chapter then discusses the extent of contract breaches in terms of traditional civil law, common law, and modern approaches. It includes the renewal and extension of limitation periods.
The Alethic Platitudes, Deflationism, and Adverbial Quantification
Authors: Armour-Garb Bradley , Woodbridge James A 
Published: September 2022

AbstractAlethic pluralists often claim that accommodating certain alethic platitudes motivates rejecting deflationism in favour of a pluralist inflationism about truth. Deflationists claim that the logical role of the truth predicate, viz providing something equivalent to variables for sentence-in-use positions and quantifiers governing them, is sufficient to account for the appeal to truth in the alethic platitudes. Surprisingly, however, most deflationists face an insufficiently acknowledged problem with respect to explaining how this mode of generalizing works. The standard substitutional or higher-order interpretations of sentential quantifiers and variables do not meet two desiderata that we claim any adequate account of them must satisfy. To address this issue, we review and extend A. N. Prior's adverbial understanding of sentential quantification, explain how it satisfies the desiderata, and respond to some objections. This shows that deflationists can accommodate and account for the alethic platitudes by applying this non-nominal understanding of generalizing on sentence positions.