This thesis examines the seller's obligations of both delivery and conformity under a contract of sale. In this context, the related rules under both English law (represented by the Sale of Goods Act 1979) and the Vienna Convention on Contracts for the International Sale of Goods 1980 have been explored and compared with each other. It was initially necessary to indicate the importance of the Vienna Convention as a model for unifying the law of international trade. As well as indicating potential reasons as to why the UK is unconvinced that it should become a member of the Convention, as well as briefly examining the previous efforts that led to the conclusion of the Convention. While delivery is not defined under the Convention, the SGA considers it a voluntary transfer of possession. Moreover, delivery under English law takes place independently from the transferral of ownership. The matter of transferring the ownership in the goods is not however, dealt with under the Convention, and should be solved by reference to private international law. According to English law the delivery goods must meet the description in sale by description, correspond with the sample in sale by sample, and in all cases be of a satisfactory quality. The goods must meet a particular purpose where some conditions are met, as well as having to be in the right quantity. Art 35 of the Vienna Convention is considered a counterpart of the said rules. Should the seller however, attempt to exclude his liability regarding the said implied terms, such an attempt is subject to the UCTA 1977 and the Unfair Terms in Consumer Contracts Regulations, 1999. In another respect, delivery of the goods may take place actually or constructively, such as delivery by documents, or delivery through a carrier. Furthermore, there are particular rules that control the process of delivery, such as time, place and expenses connected with delivery. Obviously, the intention of the parties plays the essential role in determining these matters. One of the most important issues is the legal effect of the seller's breach of his obligation of conformity or delivery. Here, the buyer is entitled to a wide range of remedies, such as rejection of the goods and avoiding the contract of sale, specific performance, reduction of the price, or damages. The approaches here of both English law and the Convention are distinct in relation to some particular remedies, such as specific performance and reduction of the price.

Liao Sheung Kwan. / Thesis (M.Ph.)--Chinese University of Hong Kong.

Kam-ming Yuen. / Thesis (M.Phil.)--Chinese University of Hong Kong. / Bibliography: leaves [13-15] (2nd group)

Thesis (Ph. D.)--Ohio State University, 1983. / Includes bibliographical references (leaves 167-171). Available online via OhioLINK's ETD Center.

The United Nations Convention on Contracts for the International Sale of Goods (CISG), adopted in April 11, 1980, is an attempt to unify rules of international trade. A large number of states that represent a variety of legal systems and of degrees of development have adhered to this Convention. / As a result of the divergence of approaches and rules in these systems, several issues were debated during the negotiations, among others the remedy of specific performance. / This thesis examines the provisions regarding specific performance in the Convention in attempt to reveal the divergence of approaches between Common Law and Civil Law by means of a comparative study of the two systems. / The purpose is to assess the extent to which uniformity is achieved in the Convention. The study shows that the solution adopted regarding specific performance was a compromise that threatens uniformity to a certain degree.

Any contract for the sale of goods between international commercial traders may be subject to the U.N. Convention on Contracts for the International Sale of Goods (CISG). If a buyer suffers damages as a result of a breach of contract, she is entitled to damages under the Convention. The issue in this thesis is whether a buyer may also invoke product liability actions under national tort law if a defective good causes bodily injury or property damage. The provisions of the CISG generally displace national law governing the rights and obligations deriving from a contract of sale. Despite the desirability of removing the uncertainties of foreign liability regimes from international trade, domestic rules of product liability remain, in general, applicable. Only if national tort actions interfere with the core of the Convention's liability regime, must the domestic law be modified.

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Thesis (M.A.). / Cover title. Mimeo. copy. Includes bibliographical references.

published_or_final_version / Economics / Master / Master of Arts