- This topic has 5 replies, 2 voices, and was last updated 2 years ago by
.
- Posts
In relation to the UN Convention on CISG, which of the following statements are true
The buyer must inspect the goods:
1- within a reasonable period of time
2- when the goods have arrived at their destination– 1 only
– 2 only
– Both
– NeitherThe answer is 2 only. Why is 1 not a valid answer?
In relation to the UN Convention on CISG, in which of the following situations is acceptance deemed effective?
1- If the acceptance does not reach the offeror by the same method that the offeror dispatched the offer.
2- If the acceptance does not reach in reasonable time of the offer being made.
3- If the acceptance does not reach before the time fixed by the offeror.
The answer is 1 but in all cases the acceptance does NOT reach so how is the it effective?
This principle was established in English Law by the case Household Fire Insurance Company v Grant. Acceptance (by post) is effective when it is put into the proper channels, properly stamped and addressed. This applies even though the acceptance may be lost in the post and never actually received by the offeror
However, if a certain particular method for acceptance is specified in the offer document, then any other method is not effective … unless the offeror chooses to accept the alternative method used by the offeree
Additionally, if there is a method specified, but the offer document doesn’t stipulate that this is the ONLY acceptable method of communicating acceptance, then any quicker method will be effective
OK?
You write:
In relation to the UN Convention on CISG, which of the following statements are true
The buyer must inspect the goods:
1- within a reasonable period of time
2- when the goods have arrived at their destination– 1 only
– 2 only
– Both
– NeitherThe answer is 2 only. Why is 1 not a valid answer?
Below is an extract from an article published by Cambridge University Press personnel:
“THE DUTY TO INSPECT, GIVE NOTICE, AND PRESERVE GOODS
The CISG requires buyers to inspect goods and provide adequate and timely notice …………… (Articles 38, 39, 44, and 86). The initial obligation of all buyers is the duty of inspection. Article 38 provides that the buyer “must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances.” Special rules apply in the event the contract involves the carriage of goods or their redirection in transit. Examination may be deferred until after the goods arrive at their destination in the event the contract involves carriage.”
It seems to me that the answer should be ‘both’ rather than just option 2
OK?
Yes I understand the first question now.
I hope the second was just a typo in the book! :/
Thank you!
- You must be logged in to reply to this topic.