Termination of the contract as a remedy for breach of contract by the seller: a comparison between English law and the CISG
Research Paper Title 2008/9
‘Termination of the contract as a remedy for breach of contract by the seller: a comparison between English law and the CISG.’
A Research Paper submitted to the University of Manchester for the Degree of LL.M Masters (International Business Law) in the Faculty of Humanities.
School of Law ID#744178
April 2008/9
Declaration
i. No portion of the work referred to in the research has been submitted in support of an application for another degree or qualification of this or any other University or other Institution of Learning. And ii. Copyright in the text of this thesis rests with the Author. Copies (by any process) either in full, or of extracts, may be made only in accordance with instructions given by the Author and lodged in the John Rylands University Library of Manchester. Details may be obtained from the Librarian. This page must from part of any such copies made. Further copies (by any process) of copies made in accordance with such instructions may not be made without the permission (in writing) of the Author.
The ownership of any Intellectual property rights, which may be described in this thesis, is vested in the University of Manchester, subject to any prior agreement to the contrary, and may not be made available for use by third parties without the written permissions of the University, which will prescribe the terms and conditions of any such agreement.
Title: ‘Termination of the contract as a remedy for breach of contract by the seller: a comparison between English law and the CISG.’
Abstract
This essay focuses on the merchant’s commonplace problem which occurs when the seller’s tender of performance deviates in some respect from his contractual obligation. A crucial challenge is therefore to identify the circumstances in which a buyer may be entitled to terminate the contract. The circumstances,
‘Termination of the contract as a remedy for breach of contract by the seller: a comparison between English law and the CISG.’
A Research Paper submitted to the University of Manchester for the Degree of LL.M Masters (International Business Law) in the Faculty of Humanities.
School of Law ID#744178
April 2008/9
Declaration
i. No portion of the work referred to in the research has been submitted in support of an application for another degree or qualification of this or any other University or other Institution of Learning. And ii. Copyright in the text of this thesis rests with the Author. Copies (by any process) either in full, or of extracts, may be made only in accordance with instructions given by the Author and lodged in the John Rylands University Library of Manchester. Details may be obtained from the Librarian. This page must from part of any such copies made. Further copies (by any process) of copies made in accordance with such instructions may not be made without the permission (in writing) of the Author.
The ownership of any Intellectual property rights, which may be described in this thesis, is vested in the University of Manchester, subject to any prior agreement to the contrary, and may not be made available for use by third parties without the written permissions of the University, which will prescribe the terms and conditions of any such agreement.
Title: ‘Termination of the contract as a remedy for breach of contract by the seller: a comparison between English law and the CISG.’
Abstract
This essay focuses on the merchant’s commonplace problem which occurs when the seller’s tender of performance deviates in some respect from his contractual obligation. A crucial challenge is therefore to identify the circumstances in which a buyer may be entitled to terminate the contract. The circumstances,
References: Ademuni-Odeke, (1999) Law of International Trade London : Blackstone, Ahdar, R Apps, A. ‘The Right to Cure Defective Performance’ (1994) L.M.C.L.Q. 525 Atiyah, P Atiyah, P. S. & Adams, J. (1995) The Sale of Goods, (9th ed.) London: Pitman Publishing. Ahdar, R. J.: "Seller Cure in the Sale of Goods," (1990) L.M.C.L.Q. 364 Bridge, M Bridge, M. (1997) The Sale of Goods, Oxford: Oxford University Press. Bridge, G. M. ‘Discharge for Breach of the Contract of Sale of Goods’ (1982-1983) 28 McGill L. J. 867 Beale, H.(1980) Remedies for Breach of Contract, London : Sweet & Maxwell. Birds, J., Bradgate, R., Villiers, C. (1995) Termination of Contract, Chichester: Chancery Law Publishing. Bradgate, R Carr, I. (2005) International Trade Law, (3rd ed), London : Cavendish. Carter, J. W. ‘Party Autonomy and Statutory Regulation: Sale of Goods’ (1993) 6 Journal of Contract Law 93-122. available at http://www.cisg.law.pace.edu/cisg/biblio/carter3.html Carter, J Devlin, L. ‘Treatment of Breach of Contract,’ (1966) C.L.J.192. Eno R.L. ‘Price Movement and Unstated Objections to The Defective Performance of Sales Contract’(1935). 44 Yale L.J. 782. Falconbridge, D. J. (1921) Handbook Of The Law Of Sale Of Goods, Canada Law Book Company, chapter v, available at http://chestofbooks.com/business/law/Handbook-Of-The-Law-Of-Sale-Of-Goods/index.html, accessed on 15.03.09. Goode, R. M. (2004) Commercial Law (3rd ed), London: LexisNexis UK, Goode, R Guest A.G. et al. (2008) Chitty on Contracts, (30th ed.) London: Sweet & Maxwell,vol. 2. (Westlaw) Guest A.G Griffin, B., Day, D. M. (2003) The Law of International Trade (3rd ed), London: Butterworths LexisNexis GowFR, B.C.L Gower, B.C. L. ‘Sale of Goods in Market Overt’(1949) 12 Mod. L. Rev. 371 Gower, B.C Law Commission: Sale and Supply of Goods (No. 160), (1987) London: Her Majesty 's Stationery 's Office. (available for download at http://www.scotlawcom.gov.uk/downloads/rep104.pdf) McKendrick, E Merrett, L. ‘Case Comment: Place of delivery in international sales contracts’ (2008) Cambridge Law Journal, 246 Mak ‘Repair and Loss of the Right to Reject – A Remedial Dilemma in Sale of Goods Priest, L. G. ‘Breach and Remedy for the Tender of Nonconforming Goods Under the Uniform Commercial Code: An Economic Approach.’(1977-1978), 91 Harv. L. Rev. 960 Sassoon, D Stoljar, S. ‘The Doctrine of Acceptance in sales’ (1957) 1 Melbourne U.L.R. 483. at P. 483; Stoljar, S Treitel, G. H. (2007) The Law of Contract, (12th ed.) London: Sweet & Maxwell Treitel, G Treitel, H. G. (1991) Remedies for Breach of Contract: A Comparative Account. Oxford: Clarendon Paperbacks Treitel, G