The document summarizes the key provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). It outlines the types of contracts to which the CISG applies, including contracts for the sale of goods between parties located in different contracting states. It also lists exceptions where the CISG does not apply, such as contracts for the personal or household use of goods. The summary flowchart then details how to determine if the CISG is the governing law for a particular international sales contract between businesses located in different countries.
The document summarizes the key provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). It outlines the types of contracts to which the CISG applies, including contracts for the sale of goods between parties located in different contracting states. It also lists exceptions where the CISG does not apply, such as contracts for the personal or household use of goods. The summary flowchart then details how to determine if the CISG is the governing law for a particular international sales contract between businesses located in different countries.
The document summarizes the key provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). It outlines the types of contracts to which the CISG applies, including contracts for the sale of goods between parties located in different contracting states. It also lists exceptions where the CISG does not apply, such as contracts for the personal or household use of goods. The summary flowchart then details how to determine if the CISG is the governing law for a particular international sales contract between businesses located in different countries.
of business are in different States, (a) when States are Contracting States; or (b) when the rules of private international law lead to the application of the law of a Contracting State
Do the rules of private
international law lead to the application fo the law of a Contracting State?
NO.
The Convention doesn't apply.
Are states Contracting States?
YES.
YES.
Does the contract deals
with sales of (a) goods bought for personal, family or household use?
NO.
YES.
The Convention doesn't apply.
YES.
YES.
Does the contract deals with
sales (b) by auction, (c) on execution or otherwise by authority of law; (d) of stocks, shares, investment securities, negotiable instruments or money; (e) of ships, vessels, hovercraft or aircraft; (f) of electricity?
Did the seller, at any
time before or at the conclusion of the contract, neither kew or ought to have known that the goods were bought for any such use?
NO. NO.
YES.
The Convention doesn't apply.
NO.
YES.
Is the supply of labour
and services preponderant part of the obligations in the contract?
NO.
Is the governing of the Convention expressly extended to
(a) the validity of the contract or of any of its provisions or of any usage; (b) the effect which the contract may have on the property in the goods sold?
YES.
The Convention, in that
case, is concerned with those points as well.
NO.
The Convention, in that
case, is not concerned with those points.
The Convention does not apply to the
liability of the seller for death or personal injury caused by the goods to any person.
The parties may exclude the application of this
Convention or, subject to article 12, derogate from or vary the effect of any of its provisions.
In the interpretation of this Convention, regard is to be had to its
international character and to the need to promote uniformity in its application and the observance of good faith in international trade.
Are there questions concerning the
Convention that aren't expressly settled?
YES.
NO.
Is there an abscence of the general principles
on which the Convention is based? YES.
NO.
Those questions are to
be settled in conformity with the law applicable by virtue of the rules of private international law.
Those questions are to
be settled in conformity with the general principles.
Did a party knew or could not have been
unaware of the intent of the other party?
YES.
The statements made by and other
conduct of the other party are to be interpreted according to his intent.
NO.
The statements made by and other
conduct of the other party are to be interpreted accroding to the understanding that a reasonable person of the same kind as the party would have had in the same circumstances.
The parties are bound by any usage to which
they have agreed and by any practices which they have established between themselves. The parties are considered, unless otherwise agreed, to have impliedly made applicable to their contract or its formation a usage of which the parties knew or ought to have known and which in international trade is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade concerned.
Does a party have a place of business?
YES.
Does a party have more than one
place of bussines?
In that case, the place of business
is that which has the closest relationship to the contract and its performance, having regard to the circumstances known to or contemplated by the parties at any time before or at the conclusion of the contract.
A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips
Law School Survival Guide (Volume I of II) - Outlines and Case Summaries for Torts, Civil Procedure, Property, Contracts & Sales: Law School Survival Guides