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Question from book

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Question from book

  • This topic has 5 replies, 2 voices, and was last updated 1 month ago by MikeLittle.
Viewing 6 posts - 1 through 6 (of 6 total)
  • Author
    Posts
  • December 11, 2022 at 7:03 am #674244
    Sacca22
    Participant
    • Topics: 28
    • Replies: 37
    • ☆☆

    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
    – Neither

    The answer is 2 only. Why is 1 not a valid answer?

    December 11, 2022 at 7:20 am #674245
    Sacca22
    Participant
    • Topics: 28
    • Replies: 37
    • ☆☆

    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?

    December 11, 2022 at 8:25 am #674252
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22705
    • ☆☆☆☆☆

    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?

    December 11, 2022 at 8:34 am #674253
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22705
    • ☆☆☆☆☆

    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
    – Neither

    The 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?

    December 11, 2022 at 1:00 pm #674264
    Sacca22
    Participant
    • Topics: 28
    • Replies: 37
    • ☆☆

    Yes I understand the first question now.

    I hope the second was just a typo in the book! :/

    Thank you!

    December 11, 2022 at 1:05 pm #674265
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22705
    • ☆☆☆☆☆

    That’s good 🙂

  • Author
    Posts
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