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Exam (elaborations)

LJU4804 assignment 2 semseter 1 2025

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100% accurate and reliable assignment solutions for LJU4804 assignment 2 semester 1 2025 (Due Date: 16 April 2025)

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LJU4804
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ASSIGNMENT 2 Semester 1 2025
UNIQUE CODE: 166975
Detailed Solutions, References & Explanations




DUE DATE: 16 April 2025

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Question 1

The United Nations Convention on Contracts for the International Sale of Goods (CISG)
is a treaty that provides a uniform legal framework for cross-border sales of goods. Its
objective is to promote international trade by removing legal barriers among Contracting
States. Article 1(1)(a) of the CISG states that the Convention applies when parties to
the contract have their places of business in different Contracting States. Both South
Africa and Germany are Contracting States, and since Computec (South Africa) and
Technologie GmbH (Germany) have their principal places of business in these
countries, the CISG is prima facie applicable. However, according to Article 6 of the
CISG, the parties may exclude its application. Since the contract contains a choice of
law clause in favour of German law, the CISG may be excluded if German domestic law
(non-CISG) is intended. Thus, determining the parties’ intent regarding the exclusion of
the CISG is crucial.




Question 1 Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.

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