Nobody downloaded yet

[I]n the final analysis, Article 79(1) [of CISG] is ill-suited to solving cases of commercial impracticability. (Schlechtriem & Schwenzer, Commentary on the UN Convention on the International Sale of Goods (CISG) (OUP, 2nd ed, 2005) a - Essay Example

Comments (0) Cite this document
Summary
The wording of Article 79(1) of the Convention on Contracts for the International Sale of Goods (CISG) appears to be wide enough to provide for exemption from liability in cases of economic hardship that impede performance in a manner comparable to non-economic impediments that…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.2% of users find it useful
[I]n the final analysis, Article 79(1) [of CISG] is ill-suited to solving cases of commercial impracticability. (Schlechtriem & Schwenzer, Commentary on the UN Convention on the International Sale of Goods (CISG) (OUP, 2nd ed, 2005) a
Read TextPreview

Extract of sample "[I]n the final analysis, Article 79(1) [of CISG] is ill-suited to solving cases of commercial impracticability. (Schlechtriem & Schwenzer, Commentary on the UN Convention on the International Sale of Goods (CISG) (OUP, 2nd ed, 2005) a"

Download file to see previous pages onforming goods.2 The potential for creating these kinds of interpretive difficulties raises the question of whether or not Article 79(1) sufficiently solves cases of commercial impracticability.
The main problem with Article 79(1) is related to the problem of interpretation and application of the CISG in general. The CISG attempts to set out basic remedies and as results lacks specificity. As a result adjudicators have at their disposal broad discretionary powers of interpretation and application. The result is a body of inconsistent findings and uncertainty of law, ultimately compromising the CISG’s goal of harmonization of the law of compensatory damages.3 It is within this legal framework that Article 79(1) functions.
Article 79(1) requires that the party seeking exemption from liability take all reasonable steps to “avoid or overcome” the relevant impediment or any consequences flowing from it.4 Article 79(1) of CISG reads as follows:
A party is not liable for a failure to perform any of his obligations if he proves that the failure was due to an impediment beyond his control and that he could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome it or its consequences.5
Essentially what this means is that at the time of contracting the vendor intends to use a specific supplier and if that supplier does not have the goods at the time the Vendor is required to obtain them, he will not be exempt from liability under Article 79(1). This is because Article 79(1) requires that the vendor is reasonably expected to foresee this possibility and should take practical steps to overcome such a scenario. In other words, the vendor ought to have been in a position to seek out an alternative supplier. Failure to take these kinds of practical steps will not permit the vendor to escape liability under Article 79(1). Quite simply, once performance remains a practical ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“[I]n the final analysis, Article 79(1) [of CISG] is ill-suited to Essay”, n.d.)
[I]n the final analysis, Article 79(1) [of CISG] is ill-suited to Essay. Retrieved from https://studentshare.org/miscellaneous/1560235-in-the-final-analysis-article-791-of-cisg-is-ill-suited-to-solving-cases-of-commercial-impracticability-schlechtriem-schwenzer-commentary-on-the-un-convention-on-the-international-sale-of-goods-cisg-oup-2nd-ed-2005-a
([I]n the Final Analysis, Article 79(1) [of CISG] Is Ill-Suited to Essay)
[I]n the Final Analysis, Article 79(1) [of CISG] Is Ill-Suited to Essay. https://studentshare.org/miscellaneous/1560235-in-the-final-analysis-article-791-of-cisg-is-ill-suited-to-solving-cases-of-commercial-impracticability-schlechtriem-schwenzer-commentary-on-the-un-convention-on-the-international-sale-of-goods-cisg-oup-2nd-ed-2005-a.
“[I]n the Final Analysis, Article 79(1) [of CISG] Is Ill-Suited to Essay”, n.d. https://studentshare.org/miscellaneous/1560235-in-the-final-analysis-article-791-of-cisg-is-ill-suited-to-solving-cases-of-commercial-impracticability-schlechtriem-schwenzer-commentary-on-the-un-convention-on-the-international-sale-of-goods-cisg-oup-2nd-ed-2005-a.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF [I]n the final analysis, Article 79(1) [of CISG] is ill-suited to solving cases of commercial impracticability. (Schlechtriem & Schwenzer, Commentary on the UN Convention on the International Sale of Goods (CISG) (OUP, 2nd ed, 2005) a

Constitutional Law Article

..., Unit I, Introduction: Principles of the Westminster Model of Parliamentary Democracy, Self Test, 18 Jan 2009 Mullen, T., Reflections on Jackson v Attorney General: questioning sovereignty, Professor of Law, University of Glascow, Legal Studies, The Journal of the Society of Legal Scholars, Vol 27, Issue 1, pp. 1-25, Published online: 24 Oct 2006 Munro, Studies in Constitutional Law, 2nd Ed, chapters 5,6, www.westlaw.uk.co. Note 2001, Lecture 7: I Formula four: law and Democracy, Human Rights Cases R v Lambert( The Times 5th Sept 2000) and R v Offen [2001] Crim L R 63 Phillip Joseph, Constitutional and...
14 Pages(3500 words)Article

The Contract Law of Australia

.../2002_farm_bill/sumner.pdf The Convention of International Sale of Goods (CISG). The Daily Times Pakistan. (2004). "WTO Judges Back Ruling Against EU Anti-drug Plan," 21 April 2004. The Hindu. (2004). "India Wins WTO Case Against EU,", 8 April 2004. The Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No. 50O Thornsbury, Suzanne. “Technical Regulations as Barriers to Agricultural Trade” Dissertation, http://scholar.lib.vt.edu/theses/available/etd-92998-84637/unrestricted/ch1gs.pdf U.S. & Canada v. EU on hormone-treated beef Case; U.S. v. Europe, Japan and Australia on labelling of...
15 Pages(3750 words)Article

Rich Pictures and Use Cases as analysis tool

...Critical Evaluation of Rich Pictures and Use Cases as a Requirements Analysis Tool Introduction For any process or product to be made successfully, the phenomenon of requirement analysis is very important. This is why the application of requirement analysis is commonly employed by businesses before they develop a new system or transform the one that has already been in existence. While the use of requirement analysis is very important is that it identifies the main components of a system or a process, who are generally referred to as the stakeholders, and it charts the course of their contradicting activities or actions as they work together to reach a...
8 Pages(2000 words)Article

Inflation:causes and solving

...the increase in demand in the face of a shortage in supply would mean too much money chases fewer goods and services. This therefore generates inflation. Solving Inflation Putting inflation under control is increasingly the dominant priority of government economic policy in many countries. For these policies to be effective, they need to focus on the underlying causes of inflation in that economy, such that policies aimed at reducing inflation caused by an increase in aggregate demand should look to reduce the level of aggregate demand. In like manner, inflation arising from increase cost of production would be stemmed by controlling production costs and prices in the economy. If cost-push inflation...
4 Pages(1000 words)Article

Wk 11 (2nd Discussion)

...demarcation of whether repressed memories are figments of the unconscious defense mechanisms or whether it is a scheme of forgetting (Pope, 1998). Defining terms and allotting which definition is described in which study can provide a much clearer way of assimilating information, and a way to determine whether the findings presented in the study is really factual. In clarifying definitions, it is not just the branch, but the root, which serves as the basis and foundation of the study, that receives analysis. It is also equally important that the main thought, the assumptions, its implications and conclusion will be thoroughly read and studied. It is in this way that contradictions and discrepancies can be seen, thus...
2 Pages(500 words)Article

Analysis of International Politic

...The Arab Spring: Forces of Oppression Staging A Come Back. The most important political event of the year 2011 that has caught the imagination of the people of the world is the legendry struggle of the people of North Africa and Middle East referred to as “The Arab Spring”: an epic struggle of the unemployed and restless youth in particular and the oppressed and poor populace unsuccessful to earn a single wholesome mean for their families, in general, of these countries against their corrupt dictators, who sucked the resources of (most of these oil rich regions) like leeches and usurped the rights of the common man, in most cases, for over three to four decades in power and still had no inclination to leave office unless...
1 Pages(250 words)Article

Final Exam

...Better Public Administration. Public Administration Review, 7(2), 93-99. Bowles, N. (1999). Studying the Presidency. Annual Review of Political Science, 2, 1-23. Dewhirst, R., & Rausch, J. (2007). Encyclopedia of the United States Congress. New York: InfoBase Publishing. Dubois, H.F., & Fattore, G. (2009). Definitions and typologies in public administration research: the case of decentralization. International Journal of Public Administration, 32(8), 704–727. Friedman, B. (1995). Regulation in the Reagan-Bush Era: The Eruption of Presidential Influence. Pittsburgh: University of Pittsburgh Press. Fry, B. R. (1989). Mastering Public Administration; from Max Weber to...
5 Pages(1250 words)Article

Commentary

...Commentaries The Political Bargain of Mr. Potus Potus was an outstanding president during his first tenure in office. He intensively invested in agriculture and financial services that doubled the economy. During his presidency, Potus was successful in ending civil strife by defense force camps in war-prone area. The president also unveiled a constitution that ensured equal distribution of national income. The major problem of Potus presidency, however, was nepotism. Critics questioned whether would manage to his seat. Opposition against Potus’ administration formed an all-inclusive-coalition that shows the face of diversity in the country. Whether Potus would be victorious following the allegations of corruption and...
1 Pages(250 words)Article

Newspaper Op-Ed Article

...regulation protects them from any punishment. This will hence undermine the essence of ethical code of conduct. The patients will be subjected to commercialized health system that cares less on practitioners’ ethics. The bill fails to specify under which circumstances the experimental drugs will be used. The loophole in the bill will create room for the medical practitioners to use these drugs for their own benefits. This will entail using humans as ‘guinea pigs’ in an attempt to create a product that commercially benefit the doctors administering treatment. The use of human in test the raises the question on the ethical components of the experimental drugs. Companies will collaborate with health...
2 Pages(500 words)Article

Submit 1-page reflection on your analysis

...Reflection on Analysis The of historic contribution of older civilizations has always astonished me. The classroom session concerning the humanistic contribution of prehistoric, Egyptian and Mesopotamian civilizations was valuable in terms of gaining knowledge. The instructor has surely done the best to inform all the students in the class to understand the contributions. The manner of grouping students and then reviewing all the contributions in a systematic manner is a valuable experience that I will not forget. However, I would rather suggest that the materials and mediums used to understand about the contributions could have been creative. I have heard a lot about...
1 Pages(250 words)Article
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 [I]n the final analysis, Article 79(1) [of CISG] is ill-suited to solving cases of commercial impracticability. (Schlechtriem & Schwenzer, Commentary on the UN Convention on the International Sale of Goods (CISG) (OUP, 2nd ed, 2005) a for FREE!

Contact Us