Hoofdstuk 8
CISG → An UN convention with substantive law on the international sale of
goods
- Only law of obligations
- Only to international sales
CISG does not apply to:
- Sale of goods bought for personal, family or household rules unless the seller did
not know
- Consumer contracts because states have varying mandatory rules protecting the
consumer
Goods that are not for personal use:
- Goods bought at an auction
- Goods bought at an execution sale
- Sale of stocks, shares, investment securities, negotiable instruments or money
- Sale of ships, vessels, hovercraft or aircraft
- Sale of electricity
If both parties agree you can make a cisg not apply to a contract, reasons:
- People know their own law better than the cisg
- uncertain
UNcitral
- A UN department specializing in commercial law worldwide
A offer is valid when it reaches the other party, no contract if;
- Withdraw
- Revoked
Obligations of the seller
- Deliver the goods, including the documents
- Transfer property of the goods
- Deliver goods agreed upon in the contract
The goods are not conform the contract if they are not:
- Fit for the purpose it ordinary has
- Fit for the purpose the buyer made the seller believe
- Possessing the agreed quality
- Contained or packaged in the usual way
The seller should be aware of the specific rules:
1. If the same rules apply in the sellers country
2. If the buyer informed the seller
3. If the seller could have known these rules because of special circumstances
The reasonable period to complain is in the contract → 2 years
2 ways to get out of the 2 years for the buyer:
1. The lack of conformity relates to facts that the seller could have known but did not
say
2. A reasonable excuse
Obligations on the buyer:
- Delivery
- Payment
Committing a breach of contract
- Remedies
- Claim damages
- Require performance
- Declare avoided
, - Effects
- The remaining obligations are terminated or released
- The party who performed has the right to restitution
- Avoidance does not affect the clauses relating to settlement
of disputes
- Avoidance includes the obligation for the seller to pay
interest on received
Payments from the buyer and for the seller to render all the benefits he deceived from the
goods
- The buyer loses the remedy of avoidance if, restitution in substantially the same
condition of the goods is impossible
Seller
- Obligations on the seller
- Breach of contract by the seller
- Options for the buyer
Buyer
- Obligations on the buyer
- Breach of contract by the buyer
- Options for the seller
Hoofdstuk 9
Rapex → To ensure that information about dangerous non-food consumers is
available for all member states
- Different scores in categories
Product recall is very expensive.
- Fear of reputation
- Afraid to be held reliable
In order to claim damages, the injured person has to prove:
1. The damage
2. The defect
3. The causal relationship
Difference in outcome in different states:
- The optional provisions in the product liability directive
- Cap on damages
- The development risk defence
- Agricultural products
- Discrepancies in implementation of the product liability directive
- Differing interpretations of the directive by national courts
- Differing approaches to the assessment of damages
- Differences in national liability systems that exist alongside the product liability
directive
- Different procedural rules and levels of access to justice
- Consumer attitudes vary from one member state to another
Producer:
- Producer of the end product
- The producer of any raw material or the manufacturer of a component part
- The person who presents himself as a producer
- Importer into the EU
- The supplier of the product
CISG → An UN convention with substantive law on the international sale of
goods
- Only law of obligations
- Only to international sales
CISG does not apply to:
- Sale of goods bought for personal, family or household rules unless the seller did
not know
- Consumer contracts because states have varying mandatory rules protecting the
consumer
Goods that are not for personal use:
- Goods bought at an auction
- Goods bought at an execution sale
- Sale of stocks, shares, investment securities, negotiable instruments or money
- Sale of ships, vessels, hovercraft or aircraft
- Sale of electricity
If both parties agree you can make a cisg not apply to a contract, reasons:
- People know their own law better than the cisg
- uncertain
UNcitral
- A UN department specializing in commercial law worldwide
A offer is valid when it reaches the other party, no contract if;
- Withdraw
- Revoked
Obligations of the seller
- Deliver the goods, including the documents
- Transfer property of the goods
- Deliver goods agreed upon in the contract
The goods are not conform the contract if they are not:
- Fit for the purpose it ordinary has
- Fit for the purpose the buyer made the seller believe
- Possessing the agreed quality
- Contained or packaged in the usual way
The seller should be aware of the specific rules:
1. If the same rules apply in the sellers country
2. If the buyer informed the seller
3. If the seller could have known these rules because of special circumstances
The reasonable period to complain is in the contract → 2 years
2 ways to get out of the 2 years for the buyer:
1. The lack of conformity relates to facts that the seller could have known but did not
say
2. A reasonable excuse
Obligations on the buyer:
- Delivery
- Payment
Committing a breach of contract
- Remedies
- Claim damages
- Require performance
- Declare avoided
, - Effects
- The remaining obligations are terminated or released
- The party who performed has the right to restitution
- Avoidance does not affect the clauses relating to settlement
of disputes
- Avoidance includes the obligation for the seller to pay
interest on received
Payments from the buyer and for the seller to render all the benefits he deceived from the
goods
- The buyer loses the remedy of avoidance if, restitution in substantially the same
condition of the goods is impossible
Seller
- Obligations on the seller
- Breach of contract by the seller
- Options for the buyer
Buyer
- Obligations on the buyer
- Breach of contract by the buyer
- Options for the seller
Hoofdstuk 9
Rapex → To ensure that information about dangerous non-food consumers is
available for all member states
- Different scores in categories
Product recall is very expensive.
- Fear of reputation
- Afraid to be held reliable
In order to claim damages, the injured person has to prove:
1. The damage
2. The defect
3. The causal relationship
Difference in outcome in different states:
- The optional provisions in the product liability directive
- Cap on damages
- The development risk defence
- Agricultural products
- Discrepancies in implementation of the product liability directive
- Differing interpretations of the directive by national courts
- Differing approaches to the assessment of damages
- Differences in national liability systems that exist alongside the product liability
directive
- Different procedural rules and levels of access to justice
- Consumer attitudes vary from one member state to another
Producer:
- Producer of the end product
- The producer of any raw material or the manufacturer of a component part
- The person who presents himself as a producer
- Importer into the EU
- The supplier of the product
