Sale
Contract
Importance of Contract
Responsibilities for buyer and seller, defines parameters
in which states/companies can negotiate and minimses
risk free. Impor
Formation
Contracts for international
sale of goods
International sale of goods refers to the
transfer, or agreement to transfer,
property in goods from a seller in one
country to a buyer in another for a
price: Islam
Formal
Simple
Expressed
Implied
Unilateral
Bilateral
Validity
Valid
Voidable
Void
Illegal
Unenforceable
parties
CISG
Objectives:
Scope Jurisdiction
Scope Goods
Enhancing certainty
Providing text
Harmonising and
unifying both the
substantive and
procedural laws
Accommodate the
diverse commercial
ExcludedConsumer
Auction
Execution by authority
Securities
Negotiable Instruments
Money
Ships vessels-aircraft
Electricity But IP
interests
CISG - Covers
formation of contracts,
performance
remedies available to the
parties
CISG Omits
Freedom protected
Opting in and out
Choice of law
Choice of forum
injury
Express
warranties
Implied
warranties
Nonconformity
Notification after
discovery to get remedy
Damages
flown
directly
from the
breach
Specific
performance
Unilateral
reduction
nonconformi
ng goods but
accepted
Avoidance
by either
party
either
fundamental
failure or
failure after
German
Nachfirst
Notice