Chapter 1

Question 1

In what situation does the UNCISG not apply? (5 points)

Answer 1

1. Supply of labour is a major part of the contract
2. Buyer provides most of material goods
3. Goods bought for personal use
4. Goods sold by auction
5. Sales related to certain restricted products like electricity

Question 2

What is the convention

Answer 2

Set of rules by the UN also known as the Vienna convention.

Question 3

What are statutory instruments

Answer 3

Parliament can pass an Act without it going through parliament first.

Question 4

What is a primary legislation

Answer 4

Main types of laws that are passed through parliaments. Sometimes known as statues or act.

Question 5

What is codifying legislation in relation to primary legislation.

Answer 5

It’s in the name - Replace old laws with new ones - adding codes to them

Additionally, since a codifying Act constitutes a fresh start in the area of law concerned, there is no presumption that judicial decisions on the previous law will be binding on courts dealing with cases under the new law.

Question 6

What is consolidating legislation in relation to primary legislation.

Answer 6

Combines existing laws into one without changing the law.

Question 7

What are the full obligations of a seller under the UN convention on contracts for the sale of international sale of goods (UNCISG)

Answer 7

Deliver goods of the
- Quantity
- Quality
- Description set out in the contract
- Package in an agreed manner

Question 8

What is enabling legislation?

Answer 8

Enables individuals or body to create laws in the form of secondary legislation

Question 9

What is secondary legislation

Answer 9

Also known as delegated legislation

create laws in accordance with Acts of Parliament - this gives more time to parliament to focus on setting purpose and objectives of statue