4.1 CISG

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Author:
peggsters
ID:
145502
Filename:
4.1 CISG
Updated:
2012-04-03 15:25:10
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Description:
4.1 CISG K formed?
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  1. When does CISG apply?
    • Governs sales of goods between parties, unless they opt out
    • supersedes UCC
    • Only governs formation, rights and obligations

    • Art 1:
    • both parties must be contracting State or
    • Choice of law that says to apply CISG
    • (UK is not a contracting State)
  2. Art 95 (reservation): when US courts are bound under international law to only use CISG
    • The place of business of both parties to the K are each in diff States
    • both States are K parties
  3. General K Formation Rules Under CISG
    Art 8: look at parties common understanding or intent, where understanding or intent of parties diverge and one party knew or could have been aware of the other party's intent -- might be able to avoid last shot doctrine

    Art 96: if contracting State has so declared, a party can use Art 12 to declare writing required of local law states taht and the party has a princ. place of business in that state
  4. Offer requirements

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