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.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.30329 |
| Date | January 2000 |
| Creators | Sewerin, Diana. |
| Contributors | Saumier, G. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001747737, proquestno: MQ64305, Theses scanned by UMI/ProQuest. |
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