8049 Week 6 CISG obligation slides
INTERNATIONAL SALE OF
GOODS Part II
Recap
•
•
•
•
CISG
Transactions covered under CISG
Choice of Law
Interpretation of CISG- Objective and subjective test
• Formation of a contract; offer, acceptance, withdrawal, acceptance with modification.
Overview
• Buyer’s and seller’s obligations
• Buyer’s and seller’s remedies
GENERAL STANDARDS OF PERFORMANCE
• Both buyer and seller have to perform their obligations under the contract.
• A party that fails to perform is in breach.
• The party that does not breach has remedies. Fundamental Breach
• When one party breaches, the other party may avoid the contract or make a demand for specific performance. • A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as to substantially deprive him or her of what he or she is entitled to expect under the contract. • The injured party may use the remedy of avoidance by notifying the other party and returning any goods already received.
Pop quiz
1. In the case of a failure to deliver goods, the
CISG allows the non-breaching party to
“avoid” the contract. True or false?
a) “Avoidance” means canceling the contract.
b) The non-breaching party does not have to notify the breaching party of the avoidance.
c) The non-breaching party must return all goods received. Requests for Specific Performance
• An injured party may be able to request specific performance if the other party is in breach.
• Specific performance is a court order directing a party to carry out the obligations he or she had contractually promised to do.
• In some civil law countries, a party is entitled to require performance.
• In the United States, specific performance is granted if the goods are unique and cannot be obtained elsewhere. Pop quiz
1. “Specific performance” is a remedy that is sometimes available to a non-breaching party.
a) True
b) False
2. “Specific performance” means:
a) Forcing the non-breaching party to perform its
GOODS Part II
Recap
•
•
•
•
CISG
Transactions covered under CISG
Choice of Law
Interpretation of CISG- Objective and subjective test
• Formation of a contract; offer, acceptance, withdrawal, acceptance with modification.
Overview
• Buyer’s and seller’s obligations
• Buyer’s and seller’s remedies
GENERAL STANDARDS OF PERFORMANCE
• Both buyer and seller have to perform their obligations under the contract.
• A party that fails to perform is in breach.
• The party that does not breach has remedies. Fundamental Breach
• When one party breaches, the other party may avoid the contract or make a demand for specific performance. • A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as to substantially deprive him or her of what he or she is entitled to expect under the contract. • The injured party may use the remedy of avoidance by notifying the other party and returning any goods already received.
Pop quiz
1. In the case of a failure to deliver goods, the
CISG allows the non-breaching party to
“avoid” the contract. True or false?
a) “Avoidance” means canceling the contract.
b) The non-breaching party does not have to notify the breaching party of the avoidance.
c) The non-breaching party must return all goods received. Requests for Specific Performance
• An injured party may be able to request specific performance if the other party is in breach.
• Specific performance is a court order directing a party to carry out the obligations he or she had contractually promised to do.
• In some civil law countries, a party is entitled to require performance.
• In the United States, specific performance is granted if the goods are unique and cannot be obtained elsewhere. Pop quiz
1. “Specific performance” is a remedy that is sometimes available to a non-breaching party.
a) True
b) False
2. “Specific performance” means:
a) Forcing the non-breaching party to perform its