ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO. 166975
DUE DATE: 16 APRIL 2025
, LJU4804
Assignment 2 Semester 1 2025
Unique Number: 166975
Due Date: 16 April 2025
Private International Law
Question
1.1 Should the CISG be applied to the dispute between the parties?
Yes, the CISG (United Nations Convention on Contracts for the International Sale of
Goods) should be applied to the dispute between Computec and Technologie. The
CISG is applicable to contracts for the sale of goods between parties whose places of
business are in different countries, provided both countries are contracting states of the
CISG. In this case, Germany is a contracting state to the CISG, and Computec's place
of business is in South Africa, which is not a contracting state. However, since the
contract contains a choice of law clause specifying German law, and both parties are
engaged in international trade, the CISG will likely apply by default as part of German
law in accordance with the rules governing international commercial transactions. Thus,
the CISG should be applied to resolve the dispute.
1.2 If the CISG is found to be applicable to the contract and dispute, would
Technologie be allowed to institute a claim for specific performance against
Computec?
Yes, Technologie would be allowed to institute a claim for specific performance under
the CISG. According to the CISG, specific performance is an available remedy for a
breach of contract, including failure to deliver goods that conform to the contract. Article
46 of the CISG specifically grants the buyer the right to require the seller to perform the
contract, which includes the delivery of conforming goods. In the case where the goods