Ugc vs Cisg

Use the Three Stage (Kamba) Approach to compare the following provisions of law:

•CONVENTION FOR THE INTERNATIONAL SALE OF GOODS (CISG)

Article 16 – Revocation

(1) Until a contract is concluded an offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance.

(2) However, an offer cannot be revoked:

(a) if it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable; or

(b) if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer.

•UNIFORM COMMERCIAL CODE (UCC)

2-205. Firm Offers •

An offer by a merchant to buy or sell goods in a signed record that by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may the period of irrevocability exceed three months, but any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.

The Descriptive Phase

CISG UCC

Norms

Based partly on common law

Also influenced by civil law and socialist law.

Concepts

Substantial increase of international trade

Desirability of uniform law

Default law for the sale of goods between parties from different countries which have adopted the CISG

Institutions

United Nations Commission on International Trade Law Norms

Common law

Individual US State laws

Concepts

Modern practices require modern commercial laws

The separate states of the US should have similar commercial laws to facilitate interstate commerce

Each state is free to adopt and modify the UCC

Institutions

American Law Institute

National Conference of Commissioners on Uniform State Law

The Identification Phase

CISG UCC

Apply to the sale of goods

Do not apply to services

Developed to increase uniformity

Attempt to facilitate the successful...