Law and Contract Essay

Submitted By ljakobik
Words: 1349
Pages: 6
Open Document
The Vienna convention on the international sale of goods 1980
• International sale contract should include a choice of law clause- which is a clause stipulating the law applicable to the contract, such as English law.
• In the event of a dispute to agree on a clause, the forum applies its private international rules to determine the law applicable to the contract
• One way to tackle this uncertainty is to harmonize the law relating to international sales in the form of an international convention for the worldwide adoption, thus enabling the application of a uniform set of rules to such transactions.
• The convention on international sales of goods 1980 (CISG or the Vienna Convention) cameinto force in 1988 with the required 10 ratifications.
• The United Kingdom has not yet ratified the convention due to 1. Unfamiliarity with some of the concepts and rights introduced by the Vienna convention such as fundamental breach, right to cure after the time fixed for performance and the self-help remedy of reducing the price where non conforming goods are delivered.
2. Popularity of the sales of goods act 1979 in the international commercial sector as evidenced by the use of choice of English courts as a forum for dispute resolution
3. Doubts about the formation of uniformity, due to differing traditions and interpretations
4. Minimum effectiveness – most commercial traders will most likely opt out of the convention
5. Incomprehensiveness since the viennna convention does not address the issues such as the validity of the contract and passing of property.
• Most member states of the European Union are parties to the convention, so are the world’s biggest traders such as the US and China.
• The reason for the lack of interests in the ULIS and ULFIS convention is by large political, though legal uncertainties also played a role.
• The Vienna convention does not promote or adopt principles found in any one legal system in preference to another but it strives towards a compromise that would be acceptable to all regardless of their legal or economic background. ‘it is a marriage between socialist, third world, common and civil law principles.’
• Passing of property, validity of contract, product liability and consumer sales are some of the areas that have not been tackled in the Vienna convention. In these matters one must resort to the relevant domestic law applicable to the contract. Other features are party autonomy (freedom of the parties to a transaction to opt out of the convention) and use of language exhibition a pragmatism that would appeal to the mercantile community.
• In order to avoid the perceived difficulties associated with legal technical language by non-lawyers and lawyers (from different jurisdictions) alike, the provisions avoid, for the most part, technical legal jargon thus making it more accessible. Instead it speaks directly to the business community by providing the results that would meet the ordinary expectations of a business person.
• The Vienna convention is comprised of four parts: Parts 1 (Arts 1-13) on sphere of application and general provisions, part 2 (Arts 14-24) on formation of contract , Part 3 (Arts 25-88) on obligations of the seller, the buyer, remedies for the breach of contract by the seller and buyer, passing of the risk and damages, and Part 4 (articles 8 -101) on final provisions dealing with matters such as depositary, reservations and entry into force.
• Article 1 of the convention starts off by saying that it applies to ‘contract of sale goods’
• A contract of the sale of goods will come within the ambit of the Vienna convention if: the places of business are in different states (Art 1); and both these states are contracting states to the Vienna Convention (Art 1 (1)(a); and both parties know that they have place of business in different states on the basis of the contract or dealings or information disclosed (Art 1(2))
• By way of illustration, a contract
Show More

Related Documents: Law and Contract Essay

Valid Contract In Law

relevant area of law is contracts.Note that the former contract which has been conducted during the period between July 2010 and July 2012 is terminated due to the fire so there is no dispute between Stacey and Tom. We just need to focus on the thing which happened after the fire. In order to succeed in the court, Stacey will have to prove to the court that there is a contract between her and Tom, and Tom has breached the contract. In order to prove there is a validity contract between her and Tom…

Words 929 - Pages 4

Essay Contract Law

Everest University Business Law 12/17/2012 Contract Law A contract is a legally binding promise between two or more parties and can be defined as a mutual trust of terms with an exchange of value or gains for all involved. When someone takes back or revokes a contract illegally, then this is referred to as a breach of contract or breach of trust and in this scenario, it seems that there was most definitely a binding contract followed by a breach of contract. In this situation the lessor…

Words 636 - Pages 3

Essay on contract law

completed any binding agreements-in-law to supply tablet computers to Bilal, Clair or Dewan. After I have discussed this, I will then be able to advice Adam whether he is in a legally binding contract. A contract is an agreement between two or more clients which is legally enforceable when executed in accordance with specific requirements. All clients should understand the key terms included within a contract and also the rights and responsibilities under that contract. An offer needs to be distinguished…

Words 1017 - Pages 5

Elements Of Contract Law

The contract law is where legally binding agreement between two or more persons by which rights are acquired by one or more to act or loose something. Four elements of a contract are offer, acceptance (agreement), consideration and intention. Offer element comprises bilateral offer (promise for a promise), unilateral offer (promise for an act) and invitation to treat (invite somebody to make an offer). In bilateral offer exists when the offerer knows whom s/he is dealing with; an unilateral offer…

Words 709 - Pages 3

Elements Of Contract Law

The Contract Part 1: The Elements Examples: Sale and purchase contract Employment contract Lease contract Contract v agreement A contract is a legally binding agreement which is enforceable in a court of law An agreement is not necessarily a contract Elements of a valid contract Offer - A legally binding promise made by one party (the offeror) to another party (the offeree) Offers need to be distinguished from non-offers such as invitations to treat An invitation to treat is not an offer because…

Words 1254 - Pages 6

Contract Law Essay

Essay Plan Introduction: What is negligence? (Duty of care, breach of duty, causation, remoteness and defence) The meaning of each of these 5 parts which consist negligence. Clinical negligence and the difference it has with other type of negligence. (Bolam Case and Caparo v Dickmen) Bolam case V Bolitho Break down the discussion ( within the question there are 4 legal matters to consider) Body: Throat pain. The doctor according to Bolam always owe a duty…

Words 703 - Pages 3

Law: Contract and Consideration Essay

Aspects of Contract and Negligence Unit 5 HNC/HND in Business Consideration and Intention in Contract Assignment Task Consideration must be something of value in the eyes of the law. A one sided promise which is not supported by consideration is a gift. The law does not enforce gifts unless they are made by deed. Referring to the case of Currie v Misa (1875) LR 10 Ex 15 definition of consideration is: “A valuable consideration in the sense of the law may consist either in some rig3…

Words 557 - Pages 3

Contract Law Essay examples

02 May 14 Contract Law – Question and Suggested Answer applying IRAC to help with EC4003 Final Assessment When preparing for a law-based assessment here are a few pointers which students may find helpful. You will be given case studies well in advance of the assessment to enable you to identify and research the relevant legal issues. When analysing any law-based case study you may find it helpful to use the IRAC process (which can usually be found in module booklets and online via weblearn/Blackboard…

Words 2158 - Pages 9

Five Elements Of Contract Law

In order to advise Buford, contract laws must be discussed. The contract between Frank and Buford is the first one to be discussed. Five elements- Agreement (offer/acceptance), Consideration, Voluntary Compliance, Capacity and Legality are must be met in order to validation of this contract. Firstly, there is a definite and communicated offer and the acceptance of that offer between Frank and Buford, as they haggle over the price and agreed. Thus, there is an offer and acceptance between Frank and…

Words 1179 - Pages 5

Contract Law Research Paper

Nature and Terminology Contract law - the formation and keeping of promises-legally binding Source of contract law-common law-except where modified or replaced by statutory law -UCC -sale or lease of goods, checks or administrative law Two parties Promissor - making the promise - PR Promissee - person to whom the prime is made - PE Contract - agreement between two parties (or more) is legally binding, agree to perform or refrain from performing an act now or in the future Objective theory…

Words 737 - Pages 3