Analysis of Sales of Goods Laws: CISG, Ontario, and UCC Differences

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Added on  2023/05/28

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This report analyzes and compares three key aspects of sales of goods law under the CISG (United Nations Convention on Contracts for the International Sale of Goods), the Ontario Sale of Goods Act, and the UCC (Uniform Commercial Code). The report examines how the requirements for a valid contract, the process of accepting an offer, and the remedies available for a breach of contract, specifically specific performance, differ under each legal framework. The analysis highlights the specific provisions and nuances of each law, providing a comprehensive overview of the legal landscape governing the sale of goods across different jurisdictions. The report uses the chart on page 123-125 of the supplement to provide a comparative analysis of the three issues.
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Document Page
Running head: SALE OF GOODS
Sale of Goods
Name of the Student
Name of the University
Author Note
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Document Page
1SALE OF GOODS
1. Writing Requirement for a Contract to be enforceable
CISG:
Under the United Nations Convention on Contracts for the International Sale of Goods
(CISG), it is not mandatory for a contract to be written to be enforced ("International Sale of
Goods (CISG) and Related Transactions", 2018).
Ontario Sale of Goods Act:
Under the Ontario Sale of Goods Act, contract may not be written, unless if such contract
is more than $3000 to $5000 Canadian Dollar. ("Sale of Goods Act, R.S.O. 1990, c. S.1", 2018)
UCC:
According to the Uniform Commercial Code (UCC), writing a contract is mandatory if it
is for $50000 USD or more (Code, 2001).
2. Acceptance of an offer
CISG
Acceptance is said to be complete when it is received by the offeror in case of CISG
("International Sale of Goods (CISG) and Related Transactions", 2018).
Ontario Sale of Goods Act:
Under the Sale of Goods Act of Ontario, acceptance is considered to be complete when
the offeree communicates to the offeror regarding his wish to accept the offer ("Sale of Goods
Act, R.S.O. 1990, c. S.1", 2018).
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2SALE OF GOODS
UCC:
Similarly, under UCC, a statement made by the offeree to the offeror pertaining to his desire of
accepting the offer, the criteria of acceptance is fulfilled (Code, 2001).
3. Remedy for Breach of Contract: Specific Performance
CISG
Under CISG, the Courts apply national laws of the parties involved in the case, to
determine the specific performance for the breach of contract ("International Sale of Goods
(CISG) and Related Transactions", 2018).
Ontario Sale of Goods Act
Applying the Ontario Sale of Goods Act, which is a national law, the Court has the
discretionary power to award specific performance. However, the goods in question should be
specific as well ("Sale of Goods Act, R.S.O. 1990, c. S.1", 2018).
UCC
Under the UCC, the Courts would award specific performance, on its discretion, when the goods
in question are unique or under proper circumstances (Code, 2001).
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3SALE OF GOODS
References
Code, U. C. (2001). Uniform Commercial Code. Uniform Laws.
International Sale of Goods (CISG) and Related Transactions. (2018). Retrieved from
http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods.html
Sale of Goods Act, R.S.O. 1990, c. S.1. (2018). Retrieved from
https://www.ontario.ca/laws/statute/90s01
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