- This topic has 11 replies, 2 voices, and was last updated 2 years ago by
.
- Posts
Which of the following statements under UNCISG is correct where the seller delivers the goods early that do not confirm to the requirements of the contract?
A Buyer can claim damages immediately
B Buyer can reduce price immediately
C The seller can make good the inconformity without any liability in original time period.
D The seller can make good the inconformity within the original time period but will be liable for damagesSir i thought answer would be D
But answer given is C
Based on article 37 of uncisg where the buyer can still claim damages for the original lack of conformityHere is Article 37:
If the seller has delivered goods before the date for delivery, he may, up
to that date, deliver any missing part or make up any deficiency in the quantity
of the goods delivered, or deliver goods in replacement of any non-conforming
goods delivered or remedy any lack of conformity in the goods delivered,
provided that the exercise of this right does not cause the buyer unreasonable
inconvenience or unreasonable expense. However, the buyer retains any right
to claim damages as provided for in this Convention.If the seller makes good the non-conformity (particularly ‘or remedy any lack of conformity in the goods delivered,’) then what damage has the buyer suffered?
The buyer’s retained right to damages arises where the seller tries to make good the deficiency, but still falls short. In that situation, even though he seller has tried to remedy the fault, the buyer would nevertheless retain the right to claim damages.
OK?
Okay sir
And if there are some unreasonable expenses to be suffered by buyer then he can claim damage from sellerKrrish, I am so disappointed! Who is going to write to me now? 🙁
Seriously, that’s not a bad score – well done indeed. And, seriously, I shall miss you 🙂
I will miss your answers too sir ??
But always loyal to open tuition for upcoming papersWell you’ve not done too badly so far with OT’s help! 100% in FA and 87% in Law!
Your loyalty is appreciated 🙂
Good luck with your further studies
- You must be logged in to reply to this topic.