LJU4804
Assignment 2 Semester 1 2025
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.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
Assignment 2 Semester 1 2025
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.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
