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| federal preemption doctrine |
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| The doctrine derived from the Supremacy Clause of the United States. The Constitution and the laws of the United States shall be supreme. Any Federal Law takes precedence over any conflicting state law. |
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| the state where the case is filed and the state where the case is being heard. |
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| contracts that include both the sale of goods and the sale of services |
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| contracting parties can choose the law of a particular state to govern their contractual rights and duties. |
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| the test used to resolve whether a hybrid transaction should be treated under Article 2 of the UCC (sale of goods) or under the common law (sale of service) If the sale predominates than UCC, Service than common law. |
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| The ALI (American Law Institute) attempt to codify the common law of various states into black letter law. Also present their points on what the law should be |
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The United Nations Convention on Contracts for the International Sale of Goods. Regulates the transactions of international sale of goods for countries that:
. sale is between parties whose places of business are in different countries.
. The states are contracting states under CISG Article 1
. The contracting parties are permitted to opt out of CISG under Article 6. |
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| New York Convention of 1958 |
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Definition
| a foreign arbitration award is more easily enforced than a foreign court judgment. |
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| The law of contracts is generally a creation of the state |
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| Only 2% of the worlds population lives in a common law system. Only two of 27 EU members are common law: United Kingdom and Ireland. Case Law driven. |
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| Important factors of International Contract formation |
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Definition
1. decide method of resolution .litigation or arbitration
2. Determine Choice of Law (CISG) or provision made in contract.
3. Location of forum |
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| the Uniform Commercial Code. Adopted by all states except Louisiana. Article 2 regulates the sale of goods. |
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| UCC article applies to transactions involving the sale of goods. |
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| Magnuson-Moss Warranty Act |
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Definition
| regulate the sale of consumer goods distributed in commerce. It does not permit a seller who makes an express warranty to disclaim an implied warranty. |
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| Article two of the UCC deals ALMOST exclusively with the sale of goods |
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| true. not exclusively but almost. |
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| The article that deals with the lease of goods |
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| The choice of law rule proposed by the Restatement of Conflicts |
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| "center of gravity" or "grouping of contracts" or "most significant relationship theory" |
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| Which two countries in the European Union have common law |
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Definition
| Ireland and the United Kingdom |
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| The legal system most prevalent in Europe |
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Definition
selecting the rules when more than one state has interest
selecting the rules when Federal and State laws conflict
selecting the rules when a state has several sets of rules |
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| Choice of law does not apply to the location of the forum court |
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Definition
| true, the forum court is where the case is filed and heard. |
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