International Business Law

International Business Law

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Question 1

Legal Rights and Liabilities

‘A contract for the sale of goods’ can be defined through articles 30 and 53 of the CISG. The former states that:

‘The seller must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contract and this Convention.’

While article 53 states that:

‘The buyer must pay the price for the goods and take delivery of them as required by

The contract and this Convention.’

The bilateral nature of the legal transaction is what defines a contract of sale and it implies that both contracting parties are obligated and commit themselves to a performance. This performance is pursuant to the other party also fulfilling their obligations as illustrated in the Bricks Case (Viscasillas, 2005). Sales law outlines the obligations of each party, but the rights are implied by the obligations of the opposite party. Therefore articles 30-44 which outline the obligations of the seller would inversely imply the rights of the buyer. The obligations of the buyer as outlined in articles 53- 60 outline the rights of the seller (Enderlein, 1996).

Failure of a contracting party to fulfil its obligations as outlined in the contract can result in the non-breaching party to seek remedy under CISG. The main remedies outlined as provided by CISG are that:

The right to require performance. Article 25B outlines when a fundamental breach has occurred which involves significant failure to meet expectations, etc.

Conformity of goods as outlined in article 35A and 35B which covers the quality, quantity and description of goods as outlined in the contract.

Article 47A which provides for fixing additional time to meet the requirements for performance. This is the buyer’s right.

Article 49A...