PPT 3.pdf - \u2022 \u2022 \u2022 \u2022 \u2022 \u2022 Contents 1 goods 1.1 Consumer Goods 1.2 Certain types of Goods are excluded 1.3 Movable Goods 1.4 Software and CISG

PPT 3.pdf - • • • • • • Contents 1 goods 1.1...

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Contents 1. goods 1.1 Consumer Goods 1.2 Certain types of Goods are excluded 1.3 Movable Goods 1.4 Software and CISG 2. Substantive Scope 2.1 Validity Requirements Public Policy and Validity of the Contract Capacity, Void, Illegal Questions Ipso Jure & validity (by the law itself) Features of the goods Mistakes & the Future ability of the other party to perform National Revocation and Return Rights 2.2 Transfer of Property Retention Transfer of Title 2.3 Compensation for Personal Injury and Death 2.4 Compensation for Damage to Property
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1. Goods The object of the sales contract must be goods. Examples from case law include machines (for example a key-cutting machines'), food (for example, mussels )," shoes, clothes, cars, jet engines," and even circus elephants . The sale of documents, such as storage certificates or bills of lading, which "represent" the good is a sale of goods and falls under the ambit of the CISG. Since the legal differentiation between the sale of goods performed by the delivery of documents as a substitute for the goods on one hand, and the sale of documents themselves on the other hand is not always easy for business people to establish, the CISG should be applicable for both variations
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Article 2 CISG, however, contains exceptions to the applicability of the CISG Article 2 This Convention does not apply to sales: (a) of goods bought for personal, family or household use, unless the seller, at any time before or at the conclusion of the contract, neither knew nor ought to have known that the goods were bought for any such use; (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.
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1.1 Consumer Goods This is the most important and confusing exclusion, This exclusion avoids conflict with national consumer protection laws. A consumer good is one which is for personal, family or household use. Therefore, the term is defined by the intended private use of the goods. However, it is a requirement that the seller knew or ought to have known that the good was for one of these uses at the time of contract formation.
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1.1 Consumer Goods Example : A German lawyer orders a desk chair on his/her law firm's letter-head from a furniture store in Strasbourg, France. The lawyer wants to use the desk chair at home which the furniture seller cannot know and should not reasonably ably be expected to know. The CISG will apply unless the fact of intended home use was specifically mentioned during contract negotiations.
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E.g. EU Consumer Protection Law & CISG EU directives concerning consumer protection use an objective consumer definition
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  • Spring '13
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