Sale of Goods Assignment PDF

Running head: SALE OF GOODS
Sale of Goods
Name of the Student
Name of the University
Author Note

SALE OF GOODS
Table of Contents
Facts:................................................................................................................................................2
Issues:..............................................................................................................................................2
Rules:...............................................................................................................................................2
Rules of sale of goods under the United Nations Convention on Contracts for the International
Sale of Goods (CISG)..................................................................................................................2
Rules of sale of goods under English Sale of Goods Act............................................................7
Analysis:........................................................................................................................................10
Convention on Contracts for the International Sale of Goods (CISG)......................................10
English Sale of Goods Act.........................................................................................................10
Conclusion:....................................................................................................................................11
Bibliography..................................................................................................................................12
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SALE OF GOODS
Facts:
Bob, who runs a flower nursery in London, entered into a contract with Sam who is a
wholesale dealer of Tulips in Holland. The agreement involved shipping 10 boxes of ‘Abba
tulips’ bulbs of different colours from Holland to London. Each tulip bulb costed 80 Euro and
each box contained 500 bulbs of tulip. It was agreed that the tulip bulbs would be of fair average
quality as per the season. The date and venue of shipment was agreed as 25 February and to
Bob’s premises. The 10 boxes of tulip bulb reached Bob’s premises on 25 February; however it
was found out on thorough inspection that two of the boxes were labelled as ‘Blue Diamond’
tulips, which is contrary to the agreement of sending ‘Abba tulips’. In addition, some of the
tulips were very small in size and were already dried which is again contravening the agreed
terms. Along with that, it was also comprehended on inquiry that not all of the boxes contained
500 bulbs of tulip.
Issues:
The issue of this case involves the breach of agreement terms to send ‘Abba tulips’ only,
which would be of ‘fair average quality of the season’. The agreement of sending 500 tulip bulbs
per box, 5000 bulbs in total, was also not followed. Therefore, in the given case it is to be
determined whether Bob can successfully sue Sam if the United Nations Convention on
Contracts for the International Sale of Goods (CISG) governs the sale transaction. Additionally,
it is also to be determined whether Bob can sue Sam if the English Common law governs the sale
contract.
Rules:
Rules of sale of goods under the United Nations Convention on Contracts for the
International Sale of Goods (CISG)
The aim of the United Nations Convention on Contracts for the International Sale of
Goods (CISG) is to lay down a fair and uniform rule for contracts of international sale of goods.
The CISG contributes majorly for ensuring certainty in commercial transactions and helps to
curtail unnecessary costs. The application of CISG ensures uniform legislation for international
sale of goods which applies when two parties of different nationality enters into a contract of sale
of goods. CISG is applied directly by avoiding the obligation to comply with private
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SALE OF GOODS
international law to ascertain the enforceability and course of action of the particular contract of
sale of goods. This adds certainty to the complex international agreements1.
Article 30 of the United Nations Convention on Contracts for the International Sale of
Goods (CISG) states that the seller must deliver the goods exactly as it is required by the contract
and by this convention2.
Under Article 35 of the CISG, the seller is under the obligation to deliver the goods that shall
comply with the agreed quantity, quality and description as decided by the parties. It must be
packaged in the way in accordance with the contract3.
a. The goods should be fit for the purpose and must match the description for which they
were.
b. The goods should be fit for the purpose that was impliedly or expressly decided with the
seller at the time of the agreement.
c. The goods must possess the particular quality which was showcased by the seller as a
model or sample product to the buyer.
d. The goods should be packaged in the way in which goods of similar nature are packaged
to provide adequate protection to the goods.
Under Article 36 of the convention, the seller will be held liable for the lack of conformity of
the products of the agreed transaction. The seller can also be held liable for the lack of
conformity which might occur after the products have been shipped due to the breach or
negligence of any of his obligations which includes the breach of any guarantee that ensures b
good quality of fitness of the product for a particular period of time4.
As per Article 46, for non-performance or breach of the agreed terms the buyer may direct
the seller and ask him to carry out his responsibilities unless the buyer resorts to some other
remedy which is not relevant with this matter. In case the goods are not matching according to
1 1980 - United Nations Convention On Contracts For The International Sale Of Goods (CISG) (2018) Uncitral.org
<http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.html>.
2 United Nations Convention on Contracts for the International Sale of Goods, Art 30.
3 United Nations Convention on Contracts for the International Sale of Goods, Art 35.
4 United Nations Convention on Contracts for the International Sale of Goods, Art 36.
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