
Explore the CISG, the United Nations convention creating uniform rules for international sales; learn how parties may opt out and rely on trade usages and lex mercatoria.
The lecture explains the CISG’s purpose to aid international commerce with simple language, highlights article 79 on impediments, and notes delivery and conformity over domestic terms.
Explore how article 7(2) of the CISG fills substantive gaps through analogical reasoning and general principles, creating default rules for internal gaps while external gaps rely on private international law.
General principles guide the interpretation of ISG provisions, emphasizing international character, good faith, cooperation, and reasonableness, while outlining remedies for breach and the autonomy of the parties.
Explore how the CISG interprets contract statements and conduct through subjective and objective interpretations under article 8 and 81, considering intentions, reasonable-person standards, and party practices.
Examine the scope of the CISG under Article 1 and its application to contracts for the sale of goods, highlighting the EU's contracting-state framework and civil and common law traditions.
This lecture examines Article 1- meaning of contract of sale, goods, international transactions, and location of parties.
Article ninety five reservations allow contracting states to opt out of subparagraph one of article one, causing the United States law to govern cross-border disputes with India instead of the convention.
Examine the rights and obligations of buyers and sellers under the CISG, including conformity of goods, objections, and remedies under articles 35–44 and article 71 to promote uniform interpretation.
Explains seller's obligation under article 35 to deliver goods in the quantity, quality, and description required by contract and to be packaged as agreed, with implied quality obligations and exceptions.
The buyer must examine the goods and notify the seller of any lack of conformity within a reasonable time to preserve remedies under articles 38–40 of the CISG.
Seller's obligation to deliver goods free from any right and buyer's obligation to notify.
This course has been designed to help businessmen, lawyers, and law students to understand the basics of international sales. In this course, we will primarily be looking at the United Nations Convention on Contracts for the International Sale of Goods (CISG) and issues dealt with under this convention. As of 2020, 94 countries have ratified CISG including major players such as the United States, China, Japan, and Germany. CISG was adopted to remove uncertainties and to make buying and selling of goods internationally simple. Each topic is explained with the use of case laws or illustrations to make the course more engaging. For this course, no prior knowledge or experience in the subject is required.
The course is divided into four sections: Introduction and general principles, the scope of the convention, the fundamental breach of contract, and the rights and obligations of the buyers and sellers.
This course is prepared by Tanisha Khimesara. She is a legal consultant and anti-money laundering specialist (CAMS) from India and Canada. She has a B.A.LL.B. (Hons.) from the Rajiv Gandhi National University of Law, India, and an LLM in International Business Law from Osgoode Hall Law School, York University, Canada.
Disclaimer- This course is purely for educational purposes and should not be construed as legal advice.