Exam 4: Sales Contracts and Excuses for Nonperformance

If a U.S.company wants to limit its implied warranties in connection with a sale of goods to a French company,the CISG provides that:

A seller in France has a disagreement over a sales contract with a U.S.buyer.The case could be heard in either country.If the French seller starts looking for the best or most favorable court to have his case heard,it is known as:

The CISG makes no provision for "trade usages" since everything is defined.

When an international seller and buyer negotiate a sales contract,they have the option to "opt out" of CISG.

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

Contract laws in socialist countries tend to be: I. Detailed, mechanical, and cumbersome. II. Enforced by private companies operating on behalf of the state. Which of the following is correct?

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

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."

Price reduction is not available as a buyer's remedy for the seller's breach under the CISG if:

Buyers and sellers entered into a contract for the sale of nuts.The usual route used the Suez Canal.Prior to shipment,a war closed the canal.Because the freight charges would be so high by another route,the seller refused to ship.The buyer had to buy at a higher price elsewhere and sued the seller.At trial:

Under the CISG,all contracts for the sale of goods must be in writing.

All of the following are remedies available under CISG except:

In what ways is the coverage of the CISG and the UCC similar? Different?

A German plaintiff had sold equipment to an American firm on open account.On the date the amounts were due,the American firm owed the plaintiff 60,000 marks.At that time,the dollar was worth 2.5 marks.Three years later,the plaintiff took a judgment against the American firm in the courts of New York.At the time of judgment,the dollar was worth only 1.5 marks.The New York court may do which of the following:

As an offeror,would you favor the offer/acceptance/revocation rules of the CISG or U.S.law?

Draft a CISG article that addresses the interpretation of "bi-lingual" contracts.

A U.S.company sends a purchase order to an Italian shoe company.The Italian shoe company sends a letter confirming the purchase order.The CISG provides:

Prevailing U.S.law permits money judgments in foreign currencies.

In certain cases,a court excuses nonperformance of a contract where an unexpected event occurs that frustrates the purpose of the contract.

Both the U.S.and France have ratified the Convention on Contracts for the International Sale of Goods (CISG).A buyer in France and a seller in the U.S.enter into a contract for the sale of widgets.If a dispute arises: