LJU4804
Assignment 2 Semester 1 2025
Detailed Solutions, References & Explanations
Unique number: 166975
Due Date: 16 April 2025
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.
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply .. with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 2 Semester 1 2025
Detailed Solutions, References & Explanations
Unique number: 166975
Due Date: 16 April 2025
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.
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply .. with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
