LJU4804
Assignment 2 Semester 1 2025
Unique #: 166975
Due Date: 16 April 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
1.1.
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.
1.2.
The United Nations Convention on Contracts for the International Sale of Goods
(CISG) applies to contracts for the international sale of goods between parties
whose places of business are in different Contracting States (Article 1(1)(a)
CISG). In this case, Computec is based in South Africa and Technologie GmbH is
based in Germany. Both countries are Contracting States to the CISG. Therefore,
unless expressly excluded by the parties, the CISG will apply despite the
presence of a choice of law clause in favour of German law. Article 6 of the CISG
allows parties to exclude its application, but there is no indication this was done.
Consequently, the CISG governs the dispute unless German domestic law is
specifically invoked to override its application. Since the dispute concerns the
conformity of goods in an international sale, the CISG is applicable by default
(UNCITRAL, 2010: Art. 1(1)(a)).
1.3.
Varsity Cube 2024 +27 81 278 3372
Assignment 2 Semester 1 2025
Unique #: 166975
Due Date: 16 April 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
1.1.
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.
1.2.
The United Nations Convention on Contracts for the International Sale of Goods
(CISG) applies to contracts for the international sale of goods between parties
whose places of business are in different Contracting States (Article 1(1)(a)
CISG). In this case, Computec is based in South Africa and Technologie GmbH is
based in Germany. Both countries are Contracting States to the CISG. Therefore,
unless expressly excluded by the parties, the CISG will apply despite the
presence of a choice of law clause in favour of German law. Article 6 of the CISG
allows parties to exclude its application, but there is no indication this was done.
Consequently, the CISG governs the dispute unless German domestic law is
specifically invoked to override its application. Since the dispute concerns the
conformity of goods in an international sale, the CISG is applicable by default
(UNCITRAL, 2010: Art. 1(1)(a)).
1.3.
Varsity Cube 2024 +27 81 278 3372
