Issues in Internet Sales Law - Essay Example

ld there be a contract and the case goes before the courts, according to the freedom on contract set forth in article 6 will not only enforce it but also to specific trade terms commonly used in international commercial transactions, such as Incoterms. (Butler, 2007) However in the absence of an agreement the CSIG provides for the passing of risk from the seller to the buyer with reference to the price ask or payment of the goods, due to loss or damage, as set forth in Part III Chapter IV: Passing or Risk, Articles 66-70 (Butler, 2007).

Should Pretel contemplated not going to court, her lawyer would advise her otherwise because according to Butler (2007), Article 66 states; “Loss of damage to the goods after the risk has passed to the buyer does not discharge him from his obligation to pay the price, unless the loss or damage is due to an act of omission of the seller.” For the most part according to Steingold (2005), the same legal rules apply when one does business online as when one sells brick and mortar to a customer or by mail (Steingold F.S., 2005).

This is possible the attorney went on to say, as long as the federal and state statutes and regulations are not violated. However, a look at the condition of sale on Cheryl’s website as well as the condition British received the goods, will set the stage for the arguments and case studies to be mentioned. Cheryl’s website advertised to prospective sellers read, “all our toys are boxed in good condition for their age.” It went on further to inform that, “all goods are sold as seen and although we will wrap up goods, we cannot be held responsible for any loss in transit.

” After winning the auction for Death Star and Tie Fighter, the toys arrived damaged and in badly battered packaging at Pritesh address, and promptly requested a refund. The case comes to life because the seller, Cheryl, refused to honor the request for a refund, saying that the risk had rest with the buyer. It seemed that Cheryl