Nobody downloaded yet

CISG Memo, International Business Law - Essay Example

Comments (0) Cite this document
The United Nations seeks to establish a New International Economic Order. An order wherein trade is on the basis of equality and mutual benefit. The first step is to create a uniformity of rules regarding trade. These rules must harmonize all existing social; economic; and, legal systems in order to be applicable and effective…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97% of users find it useful
CISG Memo, International Business Law
Read TextPreview

Extract of sample "CISG Memo, International Business Law"

Download file to see previous pages Article 30 broadly describes the seller's obligation while articles 31-34 expounds on that focusing on the "delivery of the goods and handing over of documents." Article 67 must be read in conjunction with these articles for it determines who assumes the risk of loss and when or under what circumstances this is passed onto the buyer.
Article 31 applies only if the seller is not bound to deliver the goods at any other particular place. This article specifies the place where he is to perform his obligation to deliver. The general rule is the seller's place of business. There are two exceptions: (1) where the sale involves carriage of the goods then the obligation is fulfilled when the goods are handed over to the first carrier for transmission to buyer; (2) if the contract is not covered by the first exception and is related to specific goods, or unidentified goods to be drawn from a specific stock or to be manufactured or produced at a particular place the obligation is fulfilled when the goods are placed at the buyer's disposal meaning that "the seller has done that which is necessary for the buyer to be able to take possession."1 The effect of the fulfillment of the obligation to deliver is that any risk of subsequent damage or loss has now passed onto the buyer. ...
If the contract involves the carriage of goods and the seller is not bound to hand them over at a particular place, the risk passes to the buyer when they are handed to the first carrier for transmission to the buyer. But if a place is specified for delivery, the risk passes onto the buyer only when the goods are handed over to the carrier at the place agreed upon. Note that even if the seller is authorized to retain the documents controlling the disposition of goods is immaterial to the passage of the risk. These rules will still apply.
Article 32 sets forth the additional obligations of the seller in article 31. The first is to clearly identify the goods through the buyer's notice of the consignment. The second is to enter into contracts necessary for the proper transport of the goods in keeping with the circumstances and usual practice. Third, if the seller is not bound to effect insurance, he must inform the buyer so that the buyer may opt to obtain the same.
Article 33 as a general rule states that the delivery of goods must be at within a reasonable time after the conclusion except when a date or a period is fixed or determinable from the contract.
Article34 requires that the seller must hand over the documents to the goods in the time, place and required form as specified in the contract. If the seller hands the documents earlier than the agreed time, he is given the right to cure any lack of conformity in the documents. He can exercise this right until the time to hand over the document expires. Consequently the buyer is given the right to claim damages if in the exercise of such right by the seller causes him unreasonable inconvenience or expenses.
According to a practicing lawyer, the rules of the CISG will create ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“CISG Memo, International Business Law Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
CISG Memo, International Business Law Essay Example | Topics and Well Written Essays - 750 words. Retrieved from
(CISG Memo, International Business Law Essay Example | Topics and Well Written Essays - 750 Words)
CISG Memo, International Business Law Essay Example | Topics and Well Written Essays - 750 Words.
“CISG Memo, International Business Law Essay Example | Topics and Well Written Essays - 750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF CISG Memo, International Business Law

International Business Law

...Nations Convention on Contracts for the International Sale of Goods 1980 (CISG). CISG can be very useful for determining with minimum tension, what should be the governing law of the contracts in the event a legal issue arises. CISG was specifically implemented to harmonize the rules and the law that regulate international commercial contracts and thus remove, or at the very least reduce the uncertainties that typically arise in international commercial contracts.26 If MBI and all of the firms with whom MBI is contracting are located in countries that are signatories to the CISG, the...
16 Pages(4000 words)Coursework

International Business Law

...? International Business Law Task a) Regulation: Is a set of principles that become law in the member s automatically once adopted by the council of ministers of the European Community (Andrasi and Mandarassy, 2005). b) Directive Is basically a set of principles that the member states of the European Community are required to enact within their own law. The individual member states are expected to make any necessary adaptations that will facilitate implementation of directives into the member state’s domestic law (Andrasi and Mandarassy, 2005). c) Council (of ministers) Is a community institution composed of a single minister from each of the member states whose main task is to legislate and make decisions for the council although... a...
5 Pages(1250 words)Essay

International Business Law

...results in developing a comprehensive framework for environment protection. The overall importance of WTO is critical regarding establishing a link between trade and environment because it is the single most important document which governs the international trade. The growing debate therefore is focused upon the potential role of WTO in clearly establishing a link between global trade and environment. Prescription of different standards as well as the framework therefore is one of the key tasks which WTO has to perform in order to comprehensively establish the link between the two. This paper will discuss the linkages between trade and environment and how it has remained on of the important challenges for...
10 Pages(2500 words)Assignment

The impact of the CISG on international business transactions

...? The impact of the CISG on International Business Table of Contents Chapter Introduction 3 1.Background 3 2. Thesis ment 4 2.LiteratureReview 4 Chapter 2 Building on the CISG 5 2.1. International Commercial Law until 1988 5 2.2. Overview of international transactions until adoption of CISG 5 Chapter 3 CISG Adoption 5 3.1. Characterization of CISG – articles and implications 5 3.2. Evolution of international business practices following the CISG 6 3.3. Developments and trends of CISG 6 Chapter 4...
6 Pages(1500 words)Essay

Business Litigation Law (International Business Law)

...discussed in the whole paper. Business litigation is a complex issue and area which involves many tort claims and contractual claims. Such claims many include the following fraud, breach of contract, the breach of fiduciary duty, unfair competition, infringement of intellectual property rights and tortuous interference with contract (Law Office 2012). In case any of the above disputes arise in a business setting, and the parties involved are unable to reach a conclusion through negotiation or arbitration, then, business litigation is applied in such instances in order to look for justice and also resolve the issue at hand. Business litigation does not...
3 Pages(750 words)Essay

International Business Law

...? International Business Law Number: Word Count: Question Ruling on the annexation of space by country X The case is presented within the jurisdiction of an international court of justice. Other countries have joined together to challenge oppose what they term as the annexation of the space country X. Joining them is country Y which may have the same interests as those of country X. They are justified to so do as they as signatories of “The Outer Space Treaty” which they did sign back in the year 1966 (Zines 2008). The case presented is the opinion of all member treaty was signed for the use and exploration of space was bringing conflicts among the superior state (Zines...
7 Pages(1750 words)Essay

International law seminar. Legal memo

...?International Law Seminar Introduction According to article of the united nation’s convention on contracts for the international sale of goods [CISG] parties of different states are applicable to the sale of goods to improve trade on the global market. The constitution indicates that the rules of private international law lead to the application of the law of a contracting state. This applies to Danielle who has a significant reputation in business. Her style of packaging has attracted several customers to buy her chocolates. This has enabled her rise above her competitors on the market. Packaging is a...
8 Pages(2000 words)Case Study

Business Law Memo

...Robert v. Fair Lawsuit 17th October Business Law Memo Brief Overview of the Facts In Robert v. Fair Lawsuit,The plaintiff Mr. Robert went to a gas station at City Fair in Pennsylvania to fill his gas tank and have a cup of coffee. On the fateful day, Mr. Robert was conscious not to arrive late at work. As he went to fill his car tank, the plaintiff realized he did not have enough cash on himself. As such, he decided to budget on $10.00 that he had. He ordered the station attendant to fill his car with gas worth $8.00 while the remaining $2.00 would be used on coffee. Unfortunately, the gas attendant incorrectly filled the car with gas worth $27.39 instead of $8.00. However, the plaintiff...
4 Pages(1000 words)Essay

International business memo

...? Gary W. Biesemeier, President December 12, RE: Considerations for Expansion to Peru As a response to your request, we developed an analysis on the effects of market expansion to Peru on the internal operation of Industrial Chemicals Corporation (ICC). Presented below is an outline of actions that need to be undertaken to successfully enter the Peruvian market. Firstly, it describes the current internal operations of ICC. Secondly, it illustrates relevant actions involving business strategy, form of international business, organisational structure, marketing strategy, IT and supply chain, which are essential for a successful expansion in Peru. This will...
5 Pages(1250 words)Essay

International Business Law

...International Business Law Denial of justice A number of things constitute denial of justice. A presumption that favors the judicial process is one such element of denial of justice. Admission or rejection of evidence or documents deviating from international standards constitutes denial of justice. Another element of denial of justice is court maneuverings that obstruct judicial process. Bad faith embedded in the way a court departs from standards rules of procedure and evidence. The role of the Word Banks Multilateral Investment Guaranty Agency in insuring losses from political risks In insuring losses from political risks, the Word Banks Multilateral Investment...
1 Pages(250 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic CISG Memo, International Business Law for FREE!

Contact Us