Topic 6: CISG 2

False (B)

Ask for specific performance of the obligations

<p>first carrier</p> Signup and view all the answers

<p>Fundamental breach = Substantial detriment to one party Specific performance = Court-ordered fulfillment of a contract Objective dimension = Based on what an average person would foresee Delivery obligation = Handing goods over to the carrier</p> Signup and view all the answers

<p>The foreseeability of the detrimental result (C)</p> Signup and view all the answers

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

<p>Determine the jurisdiction or competent court</p> Signup and view all the answers

<p>Proof of a fundamental breach (D)</p> Signup and view all the answers

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

<p>Take reasonable measures to reduce the loss.</p> Signup and view all the answers

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

<p>Causality = Direct link between breach and damage Foreseeability = Limitations on recoverable damages Mitigation = Efforts to reduce losses from breach Termination = Ending obligations under a contract</p> Signup and view all the answers

<p>Both parties are freed from obligations (A)</p> Signup and view all the answers

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

<p>Foreseeability clause.</p> Signup and view all the answers

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

<p>Limitation of liability (D)</p> Signup and view all the answers

<p>2 years (A)</p> Signup and view all the answers

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

<p>Payment of price and taking delivery of goods.</p> Signup and view all the answers

<p>null and void</p> Signup and view all the answers

<p>Article 55 = Implied reference to price Article 57 = Place of payment Article 58 = Timing of payment Article 59 = Date of payment obligation</p> Signup and view all the answers

<p>Upon delivery of goods or documents (B)</p> Signup and view all the answers

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

<p>It does not extend to those cases.</p> Signup and view all the answers

<p>payment of the price</p> Signup and view all the answers

<p>Delivering goods free from claims = Ensures no third-party disputes Providing a price = Determines the contract's validity in Spanish law Handing over goods = Completes the sales transaction Compliance with specifications = Limits seller's liability regarding defects</p> Signup and view all the answers

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

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

<p>The seller must bear any increases in expenses caused by the change.</p> Signup and view all the answers

<p>expected of him</p> Signup and view all the answers

<p>When the goods are handed to the first carrier (C)</p> Signup and view all the answers

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

<p>It allows termination or specific performance if goods do not conform to the contract specifications.</p> Signup and view all the answers

<p>quality and description</p> Signup and view all the answers

<p>Article 38 = Examine goods promptly after receipt Article 39 = Notify seller of non-conformity within a reasonable time Article 35 = Deliver goods conforming to contract specifications Article 33 = Deliver goods within a reasonable time if no date is fixed</p> Signup and view all the answers

<p>Goods must be fit for ordinary use (C)</p> Signup and view all the answers

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

<p>The buyer loses the right to rely on the lack of conformity.</p> Signup and view all the answers

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

<p>If the buyer knew of the non-conformity at the time of the contract (C)</p> Signup and view all the answers

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

<p>The buyer must examine the goods within a short period.</p> Signup and view all the answers

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

<p>Article 35 = Conformity of goods specifications Article 33 = Delivery within reasonable time Article 38 = Buyer examination of goods Article 39 = Notification of non-conformity</p> Signup and view all the answers

<p>Any time within that period (D)</p> Signup and view all the answers

A breach of contract that significantly harms the other party, depriving them of the expected outcome of the contract. This type of breach is crucial for termination or avoidance (which are synonymous in this context).

The court will look at the objective impact of the breach, focusing on the actual effect on the party instead of the intent of the breaching party.

Even if the breaching party could not have foreseen the detrimental outcome, the breach might still be considered fundamental, unless a reasonable person in the same circumstances would also not have foreseen it. This introduces subjectivity to the judgment.

Terminating the contract as a remedy for a fundamental breach. The breaching party is no longer obligated to perform their part and the aggrieved party is released from their obligations.

A remedy for a fundamental breach where the court orders the breaching party to fulfill their obligations as stated in the contract.

The seller is obligated to deliver the goods to the buyer, according to the contract. This duty includes handing over any necessary documents related to the goods.

If the contract doesn't specify the delivery location, the seller is only responsible for handing over the goods to the first carrier (for example, a shipping company).

The seller is obligated to deliver the goods to the first carrier for transportation to the buyer. This raises the question of where delivery legally occurs, especially when transported across international borders.

Delivery of goods occurs when they are placed at the buyer's disposal at the place where they were handed over to the first carrier, regardless of the final destination.

Delivery of goods occurs when they are placed at the buyer's disposal at the place where they were known to be at the time of the contract's conclusion, if both parties were aware of that location.

Delivery of goods occurs when they are placed at the buyer's disposal at the seller's place of business if no other delivery terms are specified under CISG articles 31(a) or 31(b).

If a fixed date for delivery is established in the contract, the goods must be delivered on that date.

If the contract specifies a delivery period, the goods must be delivered at any time within that timeframe. If the buyer has the right to choose a delivery date, this must be indicated in the contract.

If the contract doesn't specify a delivery date or period, the goods must be delivered within a reasonable time after the contract's conclusion.

The seller must deliver goods that meet the quantity, quality, and description specified in the contract, and must be packaged according to the contract provisions.

Goods are considered fit for their ordinary purpose if they meet the expected performance standards for goods of the same type.

Goods must be fit for any specific purpose communicated to the seller at the time of the contract's conclusion, unless the buyer did not rely on the seller's expertise or it was unreasonable to do so.

Goods must possess the qualities of a sample or model presented to the buyer as a representation.

Goods must be packaged in a way that is customary or adequate to preserve and protect them.

The buyer must examine the goods or have them inspected within a reasonable timeframe after receiving them.

If the goods are being transported, the buyer can defer the examination until they arrive at their destination.

The buyer loses the right to claim nonconformity if they don't notify the seller of the specific issues within a reasonable timeframe after discovering them or should have discovered them.

The buyer completely loses the right to claim nonconformity if they don't notify the seller within two years from the date the goods were delivered, unless this period is overridden by a contractual guarantee.

When a contract is made, the seller must deliver goods that are free from any rights or claims of third parties relating to industrial property or other intellectual property.

The seller is not responsible for IP claims if the buyer knew or should have known about them at the time of the contract.

The seller is not responsible for IP claims arising from specifications provided by the buyer.

The buyer's primary obligations are to pay the price and take delivery of the goods.

In the Vienna Convention, the absence of a price in a contract does not automatically make it void.

If the contract doesn't specify a price, the parties are considered to have agreed on the price commonly charged at the time for similar goods.

If the contract doesn't specify a payment location, the buyer should pay the seller at their business.

If the payment is against the handover of the goods, it's done at the handover location.

The seller is responsible for any extra payment expenses caused by a change in their business location after the contract.

The buyer must pay when the seller provides the goods or documents controlling the goods.

The seller can require payment before delivering the goods or documents.

The buyer can examine the goods before paying unless the contract states otherwise.

The buyer must pay on the date specified in the contract without needing a seller's request.

The buyer's obligation to take delivery involves enabling the seller to deliver and physically taking over the goods.

The amount of loss suffered by the injured party due to a breach of contract, including lost profits.

The breach of contract must be the direct cause of the damage. There must be a direct link between the breach and the consequence.

The compensation for damages cannot exceed the loss that the breaching party could have foreseen or should have foreseen at the time of the contract.