Exam 4: The Formation and Performance of Contracts for the Sale of Goods

The primary body of law in the U.S. dealing with domestic sales contracts is:

Article 16, of the CISG an effective acceptance is effective when it reaches the offeror.

In what ways do both U.S. law and the CISG contemplate circumstances beyond a party's control? How are these similar and different from each other?

Who will prevail in the following scenarios applying the CISG? Would your answer change if the parties selected the UCC pursuant to a choice of law clause? Please provide a short explanation for each of your answers. Scenario An attempt by an American buyer to avoid payment for goods received from a French seller based upon a letter providing that the goods were "deficient in quality."

In the event that a buyer receives a shipment of seriously defective goods, under the CISG:

A and B have entered into a sales contract. If it becomes apparent to A that B might not perform a substantial part of his bargain as promised, A may:

Under common law, the offeror can withdraw his offer if withdrawal occurs before a transmitted acceptance is received.

Under CISG, all of the following are requirements to excuse nonperformance of a contract except :

To use the concept of impossibility of performance as an excuse for nonperformance of a contract requires that the performance be objectively impossible.

Under the CISG, a communication between the parties would be considered an offer when:

Who will prevail in the following scenarios applying the CISG? Would your answer change if the parties selected the UCC pursuant to a choice of law clause? Please provide a short explanation for each of your answers. Scenario A claim by a German buyer against an American seller alleging the seller's failure to perform an oral agreement relating to a sale of goods valued at U.S. $10,000.

Under common law, the "mirror image" rule under contracts, require the acceptance by the offeree is definite and unconditional that matches the offer exactly.

All of the following are remedies available under CISG except :

Paul has a contract to sell i-watches to a Jo Ann in Vietnam, and enter into a contract to purchase the i-watches from Gregory in Silicon Valley.  The Vietnam Government banned i-watches imported into the country. Consequently, Paul cancels the contract with Gregory.  Is "frustration of purpose" recognized in the United States?

A, a New York firm, sends a purchase order to B in Sweden. A standard clause on the purchase order states that "All disputes are to be heard in the courts of New York." B confirms using its standard form, which states that "all disputes are to be resolved in arbitration before the ICC, Sweden." Under the CISG:

The uniform Commercial Code has been approved by all fifty states without any changes.

Compare and contrast the remedies for breach under both U.S. law and the CISG.

Because the laws are similar in most countries, there are few problems with international sales contracts.

Money damages for breach of a sales contract is usually based on the difference between the market price and the contract price.

Cultural influences play an insignificant role in the way people approach contract negotiations and contract drafting.