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The United Nations Convention on Contract for International Sale of the Goods

The United Nations Convention on Contract for International Sale of the Goods. A Brief History of the Convention. Passed in 1980 Up till now, more than 50 member countries China signed the convention in 1986. Key Terms. Offer Invitation of an offer Withdraw and revocation of an offer

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The United Nations Convention on Contract for International Sale of the Goods

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  1. The United Nations Convention on Contract for International Sale of the Goods

  2. A Brief History of the Convention • Passed in 1980 • Up till now, more than 50 member countries • China signed the convention in 1986

  3. Key Terms • Offer • Invitation of an offer • Withdraw and revocation of an offer • Acceptance

  4. Offer 要约 • Parties involved: Offeror/Offeree • Conditions: shall be sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance

  5. Invitation of an offer • catalogues of the goods • price list • public announcement of auction or tender • prospectus, • commercial advertisements etc..

  6. Withdraw of an offer • 撤回邀约 • Before the offer comes into effect

  7. Revocation of an offer • 撤消要约 • After the offer comes into effect

  8. Reasons for withdrawal and revocation • The offeror makes a mistake in the offer • Because of the fluctuation of market price

  9. acceptance • Definition: statement or act/conduct indicating assent to an offer • Orally • An act relating to the dispactching of goods • Payment of the price Note: time (within the period of time the offeror has fixed)

  10. Obligation of the seller • Delivery • Conformity of the goods and third party claims guarantee: remain fit for their ordinary purpose, some particular purpose, retain specified qualities or characteristics

  11. Remedies for breach of the contract by the seller

  12. damages • The party who relies on a breach • The party in breach

  13. exemption • Impediment beyond one’s control

  14. Effects of avoidance • Avoidance of the contract releases both parties from their obligations under it, subject to any damages which may be due • 宣告合同无效解除了双方在合同中的义务,但仍应对应负责的损害进行赔偿.

  15. Preservation of the goods • Who is bound to/ has the right to retain the goods when necessary?

  16. 1.<联合国国际货物销售合同公约>对发盘规定,凡向一个或一个以上的特定的人(specific persons)提出订立合同的建议,如果内容十分确定,并且表示发盘人(offerer)有当其发盘一旦被接受就将受其约束的意思,即构成发盘.

  17. 2.按照许多国家的法律,普通的商业广告不具有发盘的作用,而只是一项发盘邀请(invitation for offer)---应该就是邀约了-----但有些国家,比如英国的判例发盘,如果广告的内容十分明确,肯定,在某些例外的情况下,也视为一项发盘.

  18. 3.外贸公司发盘时,规范操作应该是写上 subject to our final confirmation/subject to prior sale/ for reference only等可以变为发虚盘而不受约束,转为发盘邀请(邀约).

  19. Homework • Refer to www.seabay.cn/freightknowledge/2005/2215213E02.html and translate the following sentences 3/4/6 • What is an offer? • What is an acceptance?

  20. Expressions for memory • in line with • in accordance with • in respect of • in conformity with • inconsistent with

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