DOCSLIB.ORG

Term Under the United Kingdom Sale of Goods Act 1979 and the United Nations Convention on Contracts for International Sale of Goods (CISG): a Comparative Analysis

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Term Under the United Kingdom Sale of Goods Act 1979 and the United Nations Convention on Contracts for International Sale of Goods (CISG): a Comparative Analysis Asian Social Science; Vol. 10, No. 15; 2014 ISSN 1911-2017 E-ISSN 1911-2025 Published by Canadian Center of Science and Education ‘Open Price’ Term under the United Kingdom Sale of Goods Act 1979 and the United Nations Convention on Contracts for International Sale of Goods (CISG): A Comparative Analysis Farzaneh Akrami1, Sakina Shaik Ahmad Yusoff1 & Suzanna Mohamed Isa1 1 Faculty of Law Universiti Kebangsaan Malaysia, Bangi, Selangor, Malaysia Correspondence: Sakina Shaik Ahmad Yusoff, Faculty of Law, Universiti Kebangsaan Malaysia, Bangi, Selangor, Malaysia. Tel: 60-19-273-5798. E-mail: [email protected] Received: May 8, 2014 Accepted: June 3, 2014 Online Published: July 11, 2014 doi:10.5539/ass.v10n15p97 URL: http://dx.doi.org/10.5539/ass.v10n15p97 Abstract Sections 8 and 9 of the Sale of Goods Act of United Kingdom (SGA 1979) and Article 55 of the United Nations Convention on Contracts for International Sale of Goods (CISG) provide the rules on open price term in contracts for the sale of goods. The concept of open price was created following new circumstances in the global trade, necessities and needs of humankind. However, changes in the rules should be compatible with these new needs. Good rules are those that not only have been initially formed and drafted in a wise and precise manner, but also have been amended based on the shortcomings that it may have in practice. Otherwise, it would be a repetition of negligence of legislators each time that a weak, un-amended rule is performed. Since the enactment of the SGA 1979, which is a copy of its preceding provisions in SGA 1893, it has not reviewed or amended. This is the same with the provisions of the CISG. Thus, in this paper, through a doctrinal type of research and a comparative, analytical and critical approach to the issue, a library based study has been performed on SGA 1979 and the CISG. The aim of this paper is to highlight the salient aspects of the open price provisions in SGA 1979 and CISG in order to propose the necessity of their amendment. Keywords: open price term, contract of sale of goods, UK sale of goods act (1979), United Nations convention on Contracts for International Sale of Goods (CISG) 1. Introduction Prosser (1932) noted that the most important function of an open price term in a sale contract is to shift the risk caused by a fluctuating market from one of the parties to the other. The seller may want to avoid any risk and at the same time be assured of a market for his product either immediately or in the future. The buyer may also want to be assured of the supply of goods while there is always the possibility of a decline in price. In cases where the delivery is supposed to be performed at a future date, the parties may be uncertain about what the future price of the goods will be. In view of these conditions, there were attempts to deal with the transfer of risks in a changing and fluctuating market between the parties. Ultimately, this “has led to a variety of business arrangements by which, in a sale contract, the price is left open for future determination.” (Prosser, 1932) Aside from what an open price term economically means, this phrase has also been described by legislations. However, although the task of law is to provide order in society, peace and justice, defective rules can play an opposite role. With regard to open price term, although some rules have accepted this concept, there are, however, shortcomings and defective provisions that may even add to the problems and need to be amended. The two legislations that are studied in this paper are the Sale of Goods Act (SGA) 1979 as a domestic rule and the United Nations Convention on Contracts for the International Sale of Goods (CISG) as an international set of rules. These two codifications have recognized open price term. However, are these codifications are comprehensive and helpful or they consist of certain shortcomings? The next question would be what the negative and positive points of each of them are and do they need to be amended? As such, this paper aims to review and manifest the existing inconsistencies and problems of ‘open price term’ under the SGA 1979 and in the CISG. The CISG, according to Gabuardi (2004), is a tool of private international law that contains relevant rules for the international sale. Although in CLOUT case No. 201, Richteramt Laufen des Kantons Berne, Switzerland, 7 97 www.ccsenet.org/ass Asian Social Science Vol. 10, No. 15; 2014 May 1993, the court stated that the CISG is comprehensive and that it constitutes “an exhaustive body of rules,” similar to other international uniform law conventions, Ferrari (1998) opines it does not cover all the necessary issues that may arise from international contracts. Indeed, some matters are still left unaddressed. As far as the CISG is concerned, this can easily be seen by looking at some of its Articles, one being Article 55. As for the SGA 1979, existence of an open price provision is a perfect sign of an evolution and transformation from traditional rule to a more flexible one. Commentators (Berry, 2007) believe that the concept of open price in modern transactions has marked a significant departure from the common law because in common law, price is a vital feature for all sale contracts. Therefore, under traditional common law, open price term contracts would have been invalidated as ‘agreements to agree’ and held not to be legally binding. Yet, such provisions are likely to be a base for debates and arguments and sections 8 and 9 of the SGA 1979 have been no exception. Thus, the fact that these sections have existed in SGA 1983 to date is a considerable issue. To draft a comprehensive rule that does not cause contradictory interpretations is one of the most important concerns in drafting a provision. Rules that contain ambiguity or are not clear and comprehensive will result in debates and disputes. Hence, in considering Article 55 of the CISG and sections 8 and 9 of the SGA 1979, different aspects and matters that are missing, or are mentioned but may need to be amended will be studied in this paper. Below, the respective provisions in the SGA 1979 and the CISG are iterated. Sections 8 and 9 of the SGA 1979 with the long title of ‘An Act to consolidate the law relating to the sale of goods’ impose the same rules and have the same concept and idea as sections 8 and 9 of the former Sale of Goods Act 1893. Sections 8 and 9 of SGA 1979 stipulates that: 8-Ascertainment of price (1)The price in a contract of sale may be fixed by the contract, or may be left to be fixed in a manner agreed by the contract, or may be determined by the course of dealing between the parties. (2)Where the price is not determined as mentioned in sub-section (1) above the buyer must pay a reasonable price. (3)What is a reasonable price is a question of fact dependent on the circumstances of each particular case. 9-Agreement to sell at valuation (1) Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party, and he cannot or does not make the valuation, the agreement is avoided; but if the goods or any part of them have been delivered to and appropriated by the buyer he must pay a reasonable price for them. (2) Where the third party is prevented from making the valuation by the fault of the seller or buyer, the party not at fault may maintain an action for damages against the party at fault. Any legislation and a set of rules may have some negative points in it. SGA 1979 as a domestic rule has some noticeable points to be considered. However, what is less tolerable and acceptable by the needs and necessities of the world’s trade is an international set of rules in which there is apparent conflict and debatable negative and vague points. Among the most important conventions on uniform commercial laws that are currently in force, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) certainly stands out, even if for diverse reasons (Ferrari, 1997). Until 2013, CISG has around eighty member states, with ninety percent of which are leading trade nations. It has been estimated that about seventy to eighty percent of all international sales transactions are potentially governed by the CISG (Schwenzer & Hachem, 2009). CISG represents one of the most important attempts towards the creation of uniform law on international sales, although there have been other attempts as well (Ferrari, 1994). Since the enactment of CISG, there have been different texts written on it. Some criticized while others just praised (Eorsi, 1983). CISG is a tool for private international law that contains related rules for international sale of goods. Article 55 of the CISG in which the provisions on open price term are imposed is an Article that seems to have some shortcomings and what is more is the issue of its apparent conflict with Article 14 (1) of the same Convention in which the formation of the contract is mentioned (Gabuardi, 2004). Article 14 (1) reads: (1) A proposal for concluding a contract addressed to one or more specific persons constitutes an offer if it is sufficiently definite and indicates the intention of the offer or to be bound in case of acceptance.
Load more

Recommended publications
  • Law Commission Report
    Consumer sales contracts: transfer of ownership HC 1365 Law Com No 398 Consumer sales contracts: transfer of ownership Presented to Parliament pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by the House of Commons to be printed on 22 April 2021 HC1365 LAW COM NO 398 © Crown copyright 2021 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3. Where we have identified any third-party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at https://www.lawcom.gov.uk/project/smart-contracts/. Any enquiries regarding this publication should be sent to [email protected]. ISBN 978-1-5286-2531-9 CCS 0421369540 04/21 Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office The Law Commission The Law Commission was set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Right Honourable Lord Nicholas Green, Chairman Professor Sarah Green Professor Nick Hopkins Professor Penney Lewis Nicholas Paines QC The Chief Executive of the Law Commission is Phil Golding. The Law Commission is located at 1st Floor, Tower, 52 Queen Anne's Gate, London SW1H 9AG. The terms of this report were agreed on 24 February 2021. The text of this report is available on the Law Commission's website at http://www.lawcom.gov.uk.
    [Show full text]
  • Consumer Sales Contracts: Rules on the Transfer of Ownership of Goods
    BRIEFING PAPER Number 9036, 30 October 2020 Consumer sales contracts: By Lorraine Conway rules on the transfer of ownership of goods Contents: 1. Introduction 2. Current law: when is a consumer contract formed? 3. Current transfer of ownership rules 4. Consultations on reform of transfer of ownership rules 5. Law Commission’s draft Bill 6. Next steps www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Consumer sales contracts: rules on the transfer of ownership of goods Contents Summary 3 1. Introduction 5 1.1 Nature of the problem 5 1.2 The policy rationale for the draft Bill 5 1.3 Coronavirus has created a new sense of urgency 6 2. Current law: when is a consumer contract formed? 8 2.1 When is a sales contract formed? 8 2.2 How do terms and conditions delay formation of a sale contract? 8 2.3 Why delay the formation of the contract? 9 2.4 Possible consumer detriment 9 3. Current transfer of ownership rules 11 3.1 Specific goods 11 3.2 Unascertained or future goods 12 3.3 Goods forming part of a bulk 14 4. Consultations on reform of transfer of ownership rules 16 4.1 Law Commission consultation - June 2015 16 4.2 Law Commission’s Final Report - July 2016 16 4.3 Current Law Commission consultation & draft Bill – July 2020 17 5. Law Commission’s draft Bill 19 5.1 Scope of the proposed new rules 19 5.2 New modern terminology 20 5.3 “Goods identified and agreed” (currently referred to as specific goods) 20 5.4 “Goods not identified and agreed upon” (currently referred to as unascertained goods) 21 5.5 Rules to be mandatory 23 5.6 Goods forming part of a bulk 24 5.7 Transfer of risk 26 5.8 Insolvency and the operation of the proposed transfer of ownership rules 26 6.
    [Show full text]
  • 25 the Passing of Risk Under English Law, INCOTERMS and UN
    Electronic Research Journal of Social Sciences and Humanities Vol 2: Issue IV ISSN: 2706 – 8242 www.eresearchjournal.com Oct - Dec 2020 The Passing of Risk under English Law, INCOTERMS and UN Convention on Contracts for the International Sale of Goods: A Critical Discussion by Sabah Eqbal Kaarisma Legal Researcher, Bangor University, Wales, United Kingdom Email: [email protected] Abstract In legal history, the United Nations Convention on Contracts for the International Sale of Goods (CISG) has been the most effective standard private law Convention. The main aim of CISG is to make the procurement and selling of materials, services, and manufactured goods in foreign trade simpler and more economical. This Convention made trade easier, without this, there would be more conflicts and confusion in the international trading system. The sale of the contract plays a vital role differently in different legal systems. Therefore, the diversity of the system leads to many other dimensions. The passing of risk is an important concern in international contracts because it can lead to many disputes between the parties. When goods suffer any loss or damage by accident (not by any fault of either party) the time in between the contract and its performance, the seller is discharged from its obligation to deliver the goods which have been lost or destroyed. To answer the questions and clarify the issues, specific points will be discussed in this article. It will evaluate the meaning of the term ‘passing of risk’ and will critically discuss how ‘passing of risk’ is established under English Law, INCOTERMS 2010, and UN Convention on Contracts for the International Sale of Goods (1980).
    [Show full text]
  • The Legacy of the Cameron-Clegg Coalition Programme of Reform of the Law on the Supply of Goods, Digital Content and Services to Consumers
    The legacy of the Cameron-Clegg coalition programme of reform of the law on the supply of goods, digital content and services to consumers Article Accepted Version Devenney, J. (2018) The legacy of the Cameron-Clegg coalition programme of reform of the law on the supply of goods, digital content and services to consumers. Journal of Business Law, 6. pp. 485-511. ISSN 0021-9460 Available at http://centaur.reading.ac.uk/73357/ It is advisable to refer to the publisher’s version if you intend to cite from the work. See Guidance on citing . Publisher: Sweet & Maxwell All outputs in CentAUR are protected by Intellectual Property Rights law, including copyright law. Copyright and IPR is retained by the creators or other copyright holders. Terms and conditions for use of this material are defined in the End User Agreement . www.reading.ac.uk/centaur CentAUR Central Archive at the University of Reading Reading’s research outputs online The Legacy of the Cameron-Clegg Coalition Programme of Reform of the Law on the Supply of Goods, Digital Content and Services to Consumers James Devenney* Introduction The Cameron-Clegg coalition (2010-2015) oversaw a programme of “fundamental” reform of core consumer law in the UK.1 These reforms were partly driven by EU legislation,2 particularly the Consumer Rights Directive (2011).3 Other factors were more native to the UK. Thus, against the backdrop of the global financial crisis and a desire to strengthen the UK economy, this programme of reform was fuelled by a market-driven approach to consumer law.4 More specifically, consumer law and confident consumers were viewed as key ingredients to the efficient functioning of the market and the development of the economy.5 The centrepiece of the resulting reforms is, undoubtedly, the Consumer Rights Act 2015 which, eventually, gained Royal Assent after an epic6 passage through Parliament: “I am glad I have woken the hon.
    [Show full text]
  • Sale of Goods Act 1979, Cross Heading: Transfer of Title
    Changes to legislation: There are currently no known outstanding effects for the Sale of Goods Act 1979, Cross Heading: Transfer of title. (See end of Document for details) Sale of Goods Act 1979 1979 CHAPTER 54 PART III EFFECTS OF THE CONTRACT Transfer of title 21 Sale by person not the owner. (1) Subject to this Act, where goods are sold by a person who is not their owner, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller’s authority to sell. (2) Nothing in this Act affects— (a) the provisions of the Factors Acts or any enactment enabling the apparent owner of goods to dispose of them as if he were their true owner; (b) the validity of any contract of sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction. 22 Market overt. F1(1) . (2) This section does not apply to Scotland. (3) Paragraph 8 of Schedule 1 below applies in relation to a contract under which goods were sold before 1 January 1968 or (in the application of this Act to Northern Ireland) 29 August 1967. Textual Amendments F1 s. 22(1) repealed (3.1.1995) by 1994 c. 32, ss.1, 3(3) (with s. 3(2)). 2 Sale of Goods Act 1979 (c. 54) Part III – Effects of the Contract Document Generated: 2021-04-22 Changes to legislation: There are currently no known outstanding effects for the Sale of Goods Act 1979, Cross Heading: Transfer of title.
    [Show full text]
  • Contracts in an Auction Sale?
    HOW MANY CONTRACTS IN AN AUCTION SALE? JAMES BROWN* AND MARK PAWLOWSKI** *LL.B (Hons), Ph.D, FHEA, Barrister, Senior Lecturer, Business School, Aston University. **LL.B (Hons.), BCL (Oxon), ACIArb, SFHEA, Barrister, Professor of Property Law, School of Law, University of Greenwich. The writers wish to express their gratitude to Franklin Meisel for his initial suggestions for this article. INTRODUCTION Making sense of auction sales, in terms of English contract law, is no easy task. Despite the common perception of hammers hitting blocks, signifying the creation of the basic sale contract,1 a typical auction sale necessarily involves the making of several forms of contract other than the obvious primary sale agreement. The purpose of this article, therefore, is threefold, namely, to (1) examine these various forms of contractual relationship2 which may come into existence as a result of a traditional (face to face) auction sale; (2) consider specifically the selling of land at public auction with a view to advocating a change in the law requiring the formality of writing for sales contracts of land for both private and public auctions, and (3) compare briefly the contractual elements of an online ascending model of auction sale typified by the eBay phenomenon. NATURE OF AUCTION SALES Despite the lack of any formal statutory definition of an auction sale, Halsbury’s Laws of England states that “[an] auction is a manner of selling or letting property by bids, usually to the highest bidder by public competition”.3 This is the so-called “ascending bid” form of auction, and this article is concerned predominantly with this type of auction where the same is attended by a group of potential bidders/purchasers.
    [Show full text]
  • Law Society of Scotland Response
    Law Society of Scotland Response United Kingdom Internal Market Bill Second Reading Briefing September 2020 Introduction The Law Society of Scotland is the professional body for over 12,000 Scottish solicitors. With our overarching objective of leading legal excellence, we strive to excel and to be a world-class professional body, understanding and serving the needs of our members and the public. We set and uphold standards to ensure the provision of excellent legal services and ensure the public can have confidence in Scotland’s solicitor profession. We have a statutory duty to work in the public interest, a duty which we are strongly committed to achieving through our work to promote a strong, varied and effective solicitor profession working in the interests of the public and protecting and promoting the rule of law. We seek to influence the creation of a fairer and more just society through our active engagement with the Scottish and United Kingdom Governments, Parliaments, wider stakeholders and our membership. Our Constitutional Law and Obligations Law Sub-Committees, Trade Policy and Post-Brexit Working Parties (the Committees) welcome the opportunity to consider and respond to the United Kingdom Internal Market Bill at Second Reading and in respect of Committee Stage. The Committees have the following comments to put forward for consideration. General Comments Preliminary Comment Recently the bill has attracted considerable attention because of clauses 40-45 in respect of those provisions which will be inconsistent or incompatible with international or other domestic law. The bill should, as a matter of principle, comply with public international law and the rule of international law, pacta sunt servanda (agreements are to be kept) should be honoured.
    [Show full text]
  • International Conventions Implementation Act
    Province of Alberta INTERNATIONAL CONVENTIONS IMPLEMENTATION ACT Revised Statutes of Alberta 2000 Chapter I-6 Current as of December 15, 2017 Office Consolidation © Published by Alberta Queen’s Printer Alberta Queen’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 E-mail: [email protected] Shop on-line at www.qp.alberta.ca Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: © Alberta Queen's Printer, 20__.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. INTERNATIONAL CONVENTIONS IMPLEMENTATION ACT Chapter I-6 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Part 1 International trusts 1(1) In this Part, “Convention” means the Convention on the Law Applicable to Trusts and on their Recognition set out in Schedule 1. (2) This Act does not apply to conflicts solely between the laws of the provinces and territories of Canada.
    [Show full text]
  • The Timing of the Passing of Property and Risk Under the English Sale of Goods Act 1979, The
    THE TIMING OF THE PASSING OF PROPERTY AND RISK UNDER THE ENGLISH SALE OF GOODS ACT 1979, THE CISG AND THE LIBYAN LAW– THE INTERPLAY BETWEEN THE PRINCIPLE OF PARTY AUTONOMY AND THE DEFAULT RULE A THESIS SUBMITTED TO THE UNIVERSITY OF STIRLING FOR THE DEGREE OF DOCTOR OF PHILOSOPHY (PhD) BY ANWAR ABOUKDIR .A. ABOUKDIR LL.B., L.LM. Based on research conducted in Stirling Law School, University of Stirling August (2016) Abstract This thesis attempts to critically and comparatively analyse the issues relating to the passing of property and risk under the United Nations Convention on the Contract for International Sale of Goods (CISG) and English Law (SGA). The passing of property and risk plays a central role in the area of international legislation in relation to sales contracts. These elements can be the most significant components in contracts of sale between parties, whether in the international or domestic field. The reason is founded on their legal nature and the close relationship between them. The passing of property and risk has been a central issue for practitioners, judges and lawyers dating back to the Roman period and several ideas have been proposed to resolve it. Where the situation is different for contracts of sale in relation to the passing of property and risk, whether in the domestic or international field, it still creates many unresolved problems, because of ongoing changes in the field of modern commerce, which may contribute to unfair implications between the parties. It has been observed in this thesis that both English law and the CISG adopt the party autonomy principle, where the intention of the parties - whether in relation to the passing of property or risk - is the basic rule.
    [Show full text]
  • Sale of Goods Act 1979, Cross Heading: Implied Terms Etc
    Changes to legislation: There are currently no known outstanding effects for the Sale of Goods Act 1979, Cross Heading: Implied terms etc.. (See end of Document for details) Sale of Goods Act 1979 1979 CHAPTER 54 PART II FORMATION OF THE CONTRACT [F1Implied terms etc.] Textual Amendments F1 Heading preceding ss. 10-14 substituted (3.1.1995) by 1994 c. 35, ss. 7(1), 8(2), Sch. 2 para. 5(10) (with s. 8(3)). 10 Stipulations about time. (1) Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not of the essence of a contract of sale. (2) Whether any other stipulation as to time is or is not of the essence of the contract depends on the terms of the contract. (3) In a contract of sale “month” prima facie means calendar month. 11 When condition to be treated as warranty. [F2(1) This section does not apply to Scotland.] (2) Where a contract of sale is subject to a condition to be fulfilled by the seller, the buyer may waive the condition, or may elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated. (3) Whether a stipulation in a contract of sale is a condition, the breach of which may give rise to a right to treat the contract as repudiated, or a warranty, the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the 2 Sale of Goods Act 1979 (c.
    [Show full text]
  • Infants' Contracts: Law and Policy in the 18Th and 19Th Centuries
    Infants’ Contracts: Law and Policy in the 18th and 19th Centuries Richard Austen-Baker and Kate Hunter* Abstract: Under English law, prior to 1970 young people up to the age of twenty-one lacked the capacity to make binding contracts, subject to certain exceptions. The report of the Latey Committee on the Age of Majority, which had recommended a reduction to age eighteen, was one-sided and, so far as capacity to make contracts was concerned, offered scant evidence as to the motivations of the existing law. The Committee heard evidence from the Church asserting, with no evidence, that such rules were intended to control young people and were there to protect the interests of others. This article argues, especially from analysis of the relevant case law during the 18th and 19th centuries – the principal period of development of English jurisprudence on minors’ contracts – that the law’s motivation had in reality been to protect infants from themselves and from adults who sought to prey on their naivety and impulsiveness. Introduction With the coming into force on 1 January 1970 of section 1 Family Law Reform Act 1969, which lowered the age of majority from twenty-one years to eighteen years, the question of infants’ contracts effectively disappeared as one of interest to the courts of England and Wales. Since mediaeval times, as Simpson concisely puts it, ‘all contracts made by infants * Senior Lecturer in Law, Lancaster University Law School and late Associate Lecturer, Lancaster University Law School, respectively. The authors are grateful to Professor David Milman, Lancaster University Law School, for kindly commenting on this article in draft.
    [Show full text]
  • (CISG) Into the UK Legal Order: Two Legislative Models
    UNIVERSITY OF DERBY The Transformation of the UN Convention on Contracts for the International Sale of Goods (CISG) into the UK Legal Order: Two Legislative Models Katerina Georgiadou LLB, LLM, PhD Candidate A Submission to the University of Derby of a Dissertation Thesis for the degree of Doctor of Philosophy, Ph.D. – August 2014 Outline Table of Contents i. Abstract ii. Acknowledgements iii. Bibliography iv. Annex of Published Material 1.INTRODUCTION .................................................................................................................................. 8 1.1 Thesis ..................................................................................................................................................... 8 1.2 Hypothesis ............................................................................................................................................. 8 1.3 Background ........................................................................................................................................... 9 1.4 À la carte model .................................................................................................................................. 12 1.4.1 Sub-model 1: À la carte by omitting Part II of the CISG .......................................................................... 12 1.4.2 Sub-model 2: À la carte by omitting Part III of the CISG ......................................................................... 13 1.4.3 Sub-model 3: À la carte by taking advantage of the
    [Show full text]