Topic 7 - Contracts for international sale of goods (Vienna/CISG)

Question 1

What conditions are needed for the convention to apply?

Answer 1

1) A drafted contract for the sale of goods
2) The business’ parties located in different countries
3) A ratified convention between both parties

Question 2

What are the sales excluded from the convention?

Answer 2

1) Goods sold for personal/household use
2) Auction goods
3) Stocks/securities/money

Question 3

What are the 4 essential elements of every contract?

Answer 3

1) Consent (agreement)
2) Consideration (support)
3) Capacity (legal)
4) Object (no illegal products)

Question 4

What does article 11 involve?

Answer 4

Article need not be a written agreement (can be verbal)

Question 5

What does article 35.1 involve?

Answer 5

The seller must deliver goods which are of description

Question 6

What does article 35.2 involve?

Answer 6

Goods should be fit for purpose

Question 7

What does article 38 involve?

Answer 7

Buyer must inspect goods in the quickest possible time after arrival

Question 8

What does article 39 involve?

Answer 8

Notice must be given to seller within 2 years after delivery

Question 9

What are the possible remedies for breach of contract?

Answer 9

Money damages
Termination of contract
Cure of contract
Extension 
Price reduction

Question 10

What does article 25 state?

Answer 10

A breach of contract is fundamental if it results in detriment to the other party

Question 11

What does article 47 state?

Answer 11

The buyer may fix an additional period of time to fulfill obligations

Question 12

What does article 50 state?

Answer 12

If the product is not as it should be, the buyer may adjust the price as it is considered a non-conforming good

Question 13

What does article 64 state?

Answer 13

The seller may avoid a contract if the buyer fails to take delivery or pay purchase price

Question 14

What does article 74 - 77 state?

Answer 14

Damages equal the loss suffered by other party

Question 15

What is an anticipatory breach?

Answer 15

When one party sees that the other will not perform a substantial part of its obligations; suspension of payment may follow

Question 16

What are the excuses for non-performance and what article does it concern?

Answer 16

1) Impediment beyond control
2) Impediment was not foreseeable
3) Impediment was out of control;
Article 79