Topic 6: CISG 1

False (B)

Irrevocable offer

<p>counteroffer</p> Signup and view all the answers

<p>Offer = A proposal to conclude a contract Acceptance = Indicating assent to an offer Counteroffer = A rejection of the original offer Irrevocable Offer = An offer indicating a fixed time for acceptance</p> Signup and view all the answers

<p>The buyer is from a non-Contracting State but governed by IPL (D)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Contracts for the sale of tangible, movable goods</p> Signup and view all the answers

<p>Sales by auction (D)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Contracts for the sale of goods</p> Signup and view all the answers

<p>Contracting States</p> Signup and view all the answers

<p>Article 1 = Scope of Application Article 2 = Exclusions from CISG Article 7 = Interpretation of CISG Article 11 = Form of Contract</p> Signup and view all the answers

<p>The buyer provides a substantial part of materials (B)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>Its international character and need for uniformity</p> Signup and view all the answers

<p>Articles 14 - 19</p> Signup and view all the answers

<p>Personal Use = Sales for individual consumption Auction = Sales conducted through bidding Shares = Transactions involving investment assets Electricity = Sales of electrical power</p> Signup and view all the answers

<p>Written documentation of the contract (A)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>Practices agreed upon by the parties or common in their industry</p> Signup and view all the answers

<p>movable</p> Signup and view all the answers

The CISG is an international treaty that sets rules for contracts involving the sale of goods between businesses in different countries.

The CISG applies when both businesses are located in countries that have signed the treaty OR when international law dictates that the treaty's law should be used.

The CISG covers contracts for tangible, movable goods - things you can touch and move.

The CISG doesn't apply to goods bought for personal use (unless the seller knew it wasn't), goods sold at auction, or certain financial goods like stocks and money.

Contracts for goods that need to be made or produced are considered sales under the CISG, but only if the buyer doesn't provide a large amount of the materials.

A proposal to make a contract with specific terms, showing the offeror's intent to be bound.

An agreement to accept an offer, showing the offeree's intent to be bound by the offer's terms.

An offer can be irrevocable if it states a specific time for acceptance or if the offeree reasonably expected it to be irrevocable.

The CISG applies when both parties have their places of business in Contracting States, or when the rules of International Private Law point to the application of the law of a Contracting State. This ensures the consistent application of the CISG across different countries.

The CISG only applies to contracts for the sale of goods, which are defined as tangible, movable goods transferred from the seller to the buyer in exchange for a price.

The CISG doesn't apply to sales of goods for personal, family, or household use unless the seller knew they were not intended for personal use.

The CISG does not apply to sales by auction, sales conducted by authority of law, stocks, shares, investment securities, negotiable instruments or money, ships, vessels, hovercraft, or aircraft, or electricity.

The CISG may not apply to supply contracts where the buyer provides a substantial part of the materials necessary for the manufacture or production of the goods.

The CISG focuses on the sale of goods between parties, addressing their rights and obligations related to the contract.

The CISG doesn't cover the seller's liability for death or personal injury caused by the goods.

Parties have the freedom to exclude the application of the CISG or modify its provisions.

When interpreting the CISG, regard must be given to its international character and the need to promote uniformity.

The contract itself is the primary source for interpreting the rights and obligations of the parties. The CISG should be used to fill in any gaps, not as a substitute for the contract's specific terms.

Parties are bound by usages they have agreed to and practices they have established between themselves.

No specific form of contract is required under the CISG. A contract for the sale of goods can be oral, written, or implied through the conduct of the parties.

A series of articles outline the rules concerning the formation of the contract, focusing on the process of offer and acceptance.

These articles address what constitutes a valid offer, how an offer is communicated, what is required to accept an offer, when acceptance becomes effective, and under what circumstances an offer can be revoked or terminated.