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The UN Convention on Contracts for the International Sale of Goods Essay Example

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The UN Convention on Contracts for the International Sale of Goods

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The UN Convention on Contracts for the International Sale of Goods. At the conduct of the parties and see therefore whether the parties have come to an agreement on everything that was material” ([1978] 1 WLR 520).Advertisements can be prime examples of invitations to treat as evidenced by the decision in Partridge v Crittenden9, where the printed advert described the “Quality British… Bramblefinch cocks” with details of the price but there were no specific indication that the advertised product was on offer for sale. On these grounds, it was held that the advert constituted an invitation to treat.Additionally, Article 14(2) of the UN Convention provides that “a proposal other than one addressed to one or more specific persons is to be considered merely as an invitation to make offers, unless the contrary is clearly indicated by the person making the proposal”.

It is common in commercial contractual negotiations for there to be numerous correspondences and McKendrick highlights the fact that commercial contractual negotiations will often result in offers and counter offers being communicated10. In addressing this conundrum, the decision in Hyde v Wrench11 determined that any counter offer during negotiations will result in a termination of the original offer. This position is reiterated by Article 19(1) of the UN Convention, which provides that:However, Article 19(2) of the UN Convention makes a distinction and provides that if a reply to an offer includes additions that do not “materially alter” the terms of the offer, then unless the offeror objects to such additions; this scenario will not constitute a counter offer. In providing further guidance as to what will constitute a material addition for the purposes of falling within the counter offer category, Article 19(3) of the UN Convention provides that additions and alterations relating to price, delivery, liability and dispute resolution will constitute material additions. In order to consider the potential liability of both parties under the UN Convention, it is necessary to evaluate the Convention provisions on conformity of goods, remedies for breach of contract by the seller and remedies for breach of contract by the seller.As an initial observation it is evident from the outset that whilst part of the consignment provided by Beni was the wrong colour and therefore prima facie in breach of contract; Axel has been able to use the material and sell the product at no apparent loss and the essence of breach of contract claims against a. The UN Convention on Contracts for the International Sale of Goods.

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Bibliography

Chitty (2007) Chitty On Contracts, 29th Edition, Sweet & Maxwell

Eliot, C. & Quinn, F. (2009) Contract Law 7th Edition Pearson Longman,

Furmston, M. P. (20070 Cheshire, Fifoot & Furmston’s Law of Contract. 15th Edition Oxford University Press

McIntyre, E. (2008) Business Law 4th Edition Pearson Longman

McKendrick, E.(2008) Contract Law: Text, Cases and Materials. 3rd Edition Oxford University Press

Treitel, G. H.(2007) The Law of Contract. 12th Revised Edition Sweet & Maxwell

The UN Convention on Contracts for the International Sale of Goods 1980 available at www.uncitral.org/pdf/english/texts/sales/cisg/CISG.pdf accessed February 2010.

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preview essay on The UN Convention on Contracts for the International Sale of Goods
  • Pages: 6 (1500 words)
  • Document Type: Assignment
  • Subject: Law
  • Level: High School
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