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International Sale Of Goods 2008, Gregory M. Duhl
International Sale Of Goods 2008, Gregory M. Duhl
Faculty Scholarship
This is a survey of key cases decided by U.S. courts in 2008 interpreting the United Nations Convention on Contracts for the International Sale of Goods ("CISG"). Courts interpreted the scope, formation, modification, excuse, notice, and remedies provisions of the CISG.
Selected Issues Relating To The Cisg's Scope Of Application, Harry Flechtner
Selected Issues Relating To The Cisg's Scope Of Application, Harry Flechtner
Articles
This paper addresses two issues concerning the scope of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”), both of which have arisen in recent decisions applying the Convention: 1) whether requirements imposed by U.S. domestic sales law on attempts to disclaim implied warranties apply to attempts to derogate from the seller‘s obligations under Arts. 35(2)(a) & (b) CISG; and 2) whether burden of proof questions that are not expressly addressed in the CISG are governed by the general principles of the CISG. The paper defends the use of the distinction between substantive and procedural law …