Formation Of Sales Agreement
This article focuses on the Treaty provisions of Part II, the text of which is set out in an annex. After examining the context of these articles below, the essay illustrates how Part II works by answering a series of brief hypothetical questions. The final section evaluates these provisions in light of U.S. domestic law and U.S. interests. The proposed conclusion is that the United States should ratify the convention. Products that are not specifically identified, but are characterized by a description or sample of many products, are designated as unspecified. For example, A makes an agreement with B to sell a car, because A 5 had the same cars, if B does not specifically select a car, but indicates the description of the car that contains paint, then it is not considered a particular product. Even if the U.S.
does not ratify the convention, it will still be of interest to U.S. traders. In exceptional circumstances, UN sales law may apply to contracts involving a U.S. trader. See note 6 below. In addition, the text of the United Nations sales law is considered to be a model for the revision of national sales law. The Nordic countries, for example, will revise their law in the light of the United Nations right of sale. (22) Article 7(1) CISG (“The interpretation of this Convention shall be taken into account. . . on the need for promotion.
. . . respect for good faith in international trade”). Note that good faith is relevant to the interpretation of the Convention; there is no general obligation on the parties to discharge their obligations in good faith. See U.C.C 1-203. 23. See also restatement 2d 40. Notes b. Question relating to a hypothesis that arrives at the same time as the refusal. For similar uncertainties under UN sales law, see note 21.24 above. Cf.
z.B. Marlene Indus. Corp. v. Carnac Textiles, Inc., 45 N.Y. 2d 327, 380 N.E. 2d 2d 239, 24 UCC Rep. 257 (1980). 25. See 2 R. Schlesinger, a.i.O. Note 10, 1499-1500.
See the rest 2d 41 (1). 26. In some respects, the traditional rules for the creation of the Common Law are closer to the UN`s sales law than the Single Commercial Code. Common law rules, such as the rule of reflection of offer and acceptance, reflect a greater emphasis on conceptualism, leading to less enforceable contracts. 27. Cf. Restatements (Second) of Conflict of Laws 200 (1971). See also 2 E. Rabel, The Conflict of Laws: A Comparative Study 520-28 (2d ed. U. Drobnig 1960). .