Topic 6: 0, Vienna Convention on International Sale of Goods
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Questions and Answers

Which of the following statements accurately describes the Vienna Convention?

  • It is an international treaty governing the sale of goods. (correct)
  • It applies only to contracts within a single country.
  • It has direct and primacy effects.
  • It is a piece of EU law.
  • Article 1 of the Vienna Convention explicitly connects the applicability of the convention to the nationality of the parties involved.

    False

    What is the linking factor determining the applicability of the Vienna Convention?

    place of business

    The Vienna Convention applies to contracts of sale of goods between parties whose places of business are in different __________.

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

    Match the following elements with their correct definitions regarding the Vienna Convention:

    <p>Subjective element = Parties involved in the contract Material element = Type of transaction covered Contracting States = States that have adopted the Convention Private international law = Determines applicable law across jurisdictions</p> Signup and view all the answers

    When does an offer become effective?

    <p>When the offer reaches the offeree</p> Signup and view all the answers

    Silence or inactivity can always be considered acceptance of an offer.

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

    What term describes a response to an offer that proposes different terms?

    <p>Counter-offer</p> Signup and view all the answers

    An offer may be revoked if the revocation reaches the ______ before the offeree has dispatched an acceptance.

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

    Match the articles to their summaries:

    <p>Article 15 = Effectiveness of the offer Article 16 = Irrevocability of an offer Article 18 = Acceptance of an offer Article 19 = Mirror rule for acceptance</p> Signup and view all the answers

    Under what condition is a late acceptance considered effective?

    <p>If the offeror immediately informs the offeree orally.</p> Signup and view all the answers

    An offer cannot be revoked if it indicates that it is irrevocable.

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

    What determines whether an acceptance is effective if no fixed time is provided?

    <p>Reasonable time based on circumstances</p> Signup and view all the answers

    An offer is terminated when a ______ reaches the offeror.

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

    Which of the following can indicate acceptance?

    <p>Conduct indicating assent</p> Signup and view all the answers

    An oral offer must be accepted immediately unless indicated otherwise by circumstances.

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

    What is a key factor that affects whether late acceptance is valid?

    <p>Means of communication</p> Signup and view all the answers

    If an acceptance alters the terms of the offer materially, it is considered a ______.

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

    Match the articles with their implications on offer status:

    <p>Article 17 = Termination of offer upon rejection Article 21 = Validity of late acceptance Article 19(1) = Rejection constitutes a counter-offer Article 18(2) = Acceptance requires indication of assent</p> Signup and view all the answers

    What does it mean when a seller claims to have fulfilled their obligations by delivering only strawberries, despite growing tomatoes as well?

    <p>The seller may have misunderstood the contract.</p> Signup and view all the answers

    The intent of the parties is entirely irrelevant under English law if they knew the contract included both fruits and vegetables.

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

    What is the primary consideration in determining the intent of a party during contract interpretation?

    <p>The understanding a reasonable person would have had in the same circumstances.</p> Signup and view all the answers

    Customs and practices that are established between parties can be considered __________ even if not explicitly agreed upon.

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

    Match the following articles with their respective focus:

    <p>Article 9 = Usages and practices binding parties Article 11 = Form of contract requirements Article 14 = Definition of an offer Article 4 = Basic elements of offer and acceptance</p> Signup and view all the answers

    Which of the following is necessary for a proposal to be considered a valid offer?

    <p>It must be sufficiently definite.</p> Signup and view all the answers

    According to Vienna, evidence of an oral agreement is sufficient provided it can be proven.

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

    What are the two legal questions relating to the form of a contract according to Article 11?

    <p>Validity condition and proof of existence.</p> Signup and view all the answers

    A contract of sale is not required to be in writing and may be proved by any means, including __________.

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

    Which of the following factors does Article 4 establish regarding contract formation?

    <p>Offer and acceptance are the basic elements.</p> Signup and view all the answers

    If a contract is proven with witnesses, it is enforceable even without a specified form.

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

    What is implied by a proposal being sufficiently definite?

    <p>It indicates goods and provisions for quantity and price.</p> Signup and view all the answers

    The ownership effects from a contract can lead to either a __________ relationship or IN REM effects.

    <p>purely contractual</p> Signup and view all the answers

    In contract law, what is created when a proposal is presented to specific persons and indicates intention to be bound?

    <p>An offer</p> Signup and view all the answers

    What is the primary focus of the Convention regarding sales contracts?

    <p>Formation of the contract and rights/obligations of parties</p> Signup and view all the answers

    The Convention applies to the liability of the seller for personal injury caused by the goods.

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

    What do parties often do regarding the application of the Convention?

    <p>Opt out</p> Signup and view all the answers

    The Convention does not determine the legal __________ of a contract or its clauses.

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

    Match the articles with their main points.

    <p>Article 4 = Scope of application and contract formation Article 5 = Exclusion of seller's liability for personal injury Article 6 = Parties can opt out of the Convention Article 7 = Legal standards for interpretation</p> Signup and view all the answers

    Which aspect is not covered by the Convention?

    <p>Effect of the contract on goods</p> Signup and view all the answers

    Good faith is a recognized principle of English law.

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

    What should be used to settle questions not expressly settled in the Convention?

    <p>General principles of international law</p> Signup and view all the answers

    Parties to the international sale of goods can __________the application of the Convention.

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

    What is essential for the interpretation of the Convention?

    <p>International character and uniformity</p> Signup and view all the answers

    The validity of an international sale contract is determined solely by the Convention.

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

    What does Article 8 state regarding interpreting a party's statements?

    <p>According to intent known to the other party</p> Signup and view all the answers

    The __________ of ownership of goods sold is not determined by the Convention.

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

    What is one reason for excluding the effect of a contract on property?

    <p>Variability in jurisdiction laws</p> Signup and view all the answers

    Article 6 mandates that all parties must comply with the Convention.

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

    Under what condition does the Vienna Convention apply in regards to international sales?

    <p>If both parties are aware of the international nature of the transaction.</p> Signup and view all the answers

    The nationality of the parties is considered when determining the application of the Vienna Convention.

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

    What specific type of contracts does Article 2 of the Vienna Convention exclude?

    <p>Sales of goods bought for personal, family, or household use.</p> Signup and view all the answers

    The Vienna Convention applies only when the sale involves _____ goods.

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

    Which type of goods is NOT subject to the Vienna Convention?

    <p>Shares and investment securities</p> Signup and view all the answers

    The Vienna Convention applies if the seller was not aware of the intended use of the goods, as long as they meet specific criteria.

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

    Name one type of transaction that does NOT constitute a sale under the Vienna Convention.

    <p>Contracts where the main obligation consists of the supply of labor or services.</p> Signup and view all the answers

    They must disregard the international nature of the transaction if it does not appear from the _____ or dealings.

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

    Match the following articles of the Vienna Convention with their descriptions:

    <p>Article 1 = Definition of goods in international sales Article 2 = Exclusions from the application of the Convention Article 3 = Definition of contracts for the supply of goods Article 4 = Conditions for the application of Vienna Convention</p> Signup and view all the answers

    What could indicate that a purchase is not for personal use according to the Vienna Convention?

    <p>Buying multiple copies of an item.</p> Signup and view all the answers

    Contracts that involve minor obligations are covered by the Vienna Convention.

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

    What will prevail if private international law points to a state within the Vienna Convention?

    <p>The Vienna Convention.</p> Signup and view all the answers

    If one party is not aware of the international element, the _____ principle does not apply.

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

    What is the main goal of Article 3 in the Vienna Convention?

    <p>To delineate the scope of the convention.</p> Signup and view all the answers

    Study Notes

    Vienna Convention: International Sale of Goods

    • Legal Nature: An international treaty, not EU law. No direct or primacy effect. Monist vs. dualist legal systems are important considerations.

    Subjective Scope of Application

    • Article 1: Defines applicability based on parties' places of business, not nationality.
    • Article 1(1): Applies to contracts between parties with places of business in different Contracting States or where the application of a Contracting State's law is mandated by private international law. This is a key distinction.
    • Different Subcategories by Article 1(1):
      • (a): If both parties' places of business are in states that have adopted the Vienna Convention, it directly applies.
      • (b): If private international law dictates that a Contracting State's law should govern, the Vienna Convention applies.
    • International Dimension: A crucial factor for determining application; if this is absent, the Vienna Convention may not apply. Parties must clearly indicate if a transaction has an international element. The agreement must explicitly state whether the legal regime is international.
    • No International Element: If a transaction has no international dimension, the Vienna Convention does not apply.

    Material Scope of Application

    • Article 2: Lists exclusions from the Convention's material scope (items not covered).
      • (a): Goods for personal/family/household use, unless the seller knew or should have known. This creates ambiguity when a single buyer purchases multiple units of a single item, creating the risk that applying the appropriate legal regime becomes unclear.
      • (b)-(f): Auctions, executed goods, stocks/securities/money, ships/aircraft/hovercraft, and electricity.
    • Defining "Goods": The Convention does not define "goods." Case law suggests tangible, movable goods. Non-tangible items (e.g., intellectual property rights or real estate) are excluded.
    • Article 3: Further defines "sale of goods."
      • (1): Contracts for manufactured goods are considered sales unless the buyer supplies essential materials.
      • (2): If the primary obligation of the seller is providing labor or services instead of goods, the Convention does not apply.

    Subject Matter of the Convention

    • Article 4: Clearly outlines the Convention's focus. It does not cover:
      • (a): Validity of the contract or its provisions, including rules on legal capacity. Contract validity is primarily governed by the laws of the parties’ respective jurisdictions.
      • (b): Effect of the contract on ownership—the treaty doesn't interfere.
    • Rationale: These exclusions are due to the sensitivity of these areas, where national laws significantly vary.

    Further Exclusions and General Provisions

    • Article 5: Excludes liability for death or injury related to the goods.
    • Article 6: Allows parties to opt out of the Convention or amend its provisions, but this is rarely seen in practice.
    • Article 7: Emphasizes the Convention's international character and good faith (foreseeability and reasonable diligence). Article 7(2) establishes that if there's a gap in the convention, private international law will be used.
    • Article 8: Guides interpretation of contracts under the Convention.
      • Focuses on intent and reasonable understanding.

    Formation of the Contract

    • Article 9: Outlines how usages and practices bind parties. Uses "opinion juris" for common usages.
    • Article 10-21: Offer and acceptance.
      • Offers: Sufficiently definite (goods, quantity, price) and indicate intent to be bound.
      • Acceptance: Effective when indicating assent reaches the offeror; silence is not acceptance.
      • Withdrawal/Rejection: Rules for withdrawal, delays, and counteroffers (materially altering the offer). The mirror rule applies.

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    Description

    This quiz explores the key principles of the Vienna Convention, focusing on its legal nature and subjective scope of application. It emphasizes the distinctions in applicability based on the parties' business locations and the implications for different legal systems. Test your understanding of this critical international treaty!

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