Sometimes the level at which this is permitted defies logic and justice. He must show a fundamental breach and he must request the delivery of substitute goods within a reasonable time. doctoral thesis defense karl marx It is submitted that the current law on international sales in England should be amended in these two important respects. International sales law must strike a delicate balance between certainty and predictability on one hand and flexibility to give effect to the intention of the parties on the other.
Despite the widespread appeal of the CISG, the UK remains a notable exception which has refused to sign up to the obligations of the Convention. Under the old dispensation, when the right to reject depended on the nature of the term in the contract which was broken, the innocent party simply had to go to the filing-cabinet, consult the contractual document and decide whether the term broken was a very serious one or not; this final step admittedly called for judgment, and there could often be two views, but at any rate the requisite data were immediately and presently available. academic essay writers conferences This is another example of how English sales law may tilt the balance too much in favour of the buyer. The courts also give effect to the idea of sanctity of contract which asserts that the courts should give effect to the terms of the contract and should be cautious to invalidate those agreed terms. Those twin aims are certainty and flexibility.
In many instances, the right to reject will not be lost, even where the buyer is in possession of the goods for a considerable time. The innominate term looks at the consequences of a breach rather than the nature of the term. cheap essay help online watches However, it should also be recognised that section 62 2 of the Act in fact requires the rules of the common law to apply to sale of goods transactions.
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However, despite the fact that the innominate term does apply to a large category of terms e. C rejected the whole cargo on grounds that the shipment did not satisfy the requirement of being in good condition. The provision can be said to give effect to the intention of the parties by limiting the ambit of the provision. The need for certainty is not merely as historical concern and commercial transactions and the need for certainty continues to preoccupy the consciences of the judiciary today.
As has been shown, there are many ways in which the Sale of Goods Act makes it easy for buyers to reject goods. This was despite the fact that the seller had acted in good faith and was not aware of the quality issue. Section 14 2 SGA indicates that where a seller sells in the course of business there is an implied condition that good supplied should be of satisfactory quality. Afterall, the Court of Appeal may have been wrong in applying the rules of Hong Kong Fir to contracts for the Sale of Goods — the Sale of Goods Act explicitly mentions conditions and warranties but does not mention innominate terms.
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An express term of the contract was that shipment was to be made in good condition. Plagiarism Free Sophisticated plagiarism detection software click here to order your law essay. choosing a thesis topic in architecture 2010 In one regard, where the courts allow such clauses, this can be said to make it easier for persons to reject goods, however, this statement is tempered by the fact that if strict stipulations as to how these clauses are not exercised properly, then the law will intervene and ensure that the right to reject is lost. Section 14 3 also adds that goods should be fit for purpose. In relation to the former the circumstances in which a right to reject is possible is construed broadly with some limited exceptions.
Where there is a balancing act between these two competing aims, Goode, suggests that certainty should win out: Furthermore, the law will intervene where a law is overly certain and can lead to injustice. Such a right would be justifiable in that it would give legislative recognition to commercial practice and would allow businesses to maintain business relationships and reputation. i need help writing a essay about yourself Stipulations as to the time to terminate are construed particularly narrowly.
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In one regard, where the courts allow such clauses, this can be said to make it easier for persons to reject goods, however, this statement is tempered by the fact that if strict stipulations as to how these clauses are not exercised properly, then the law will intervene and ensure that the right to reject is lost. However, that right will be extinguished whenever the right is waived or when they goods have been deemed in law to have been accepted. However, if it does not, then the current law supports the stimulus question by tilting the balance in favour of the buyer, when justice would require that the seller should be able to remedy his mistake and not suffer a penalty because he delivered early. In many instances, the right to reject will not be lost, even where the buyer is in possession of the goods for a considerable time.
What these examples show, is that commercial law will intervene to cure an injustice where application of a legally certain rule leads to injustice. However, there are a considerable number of acts that will not qualify. In relation to the former the circumstances in which a right to reject is possible is construed broadly with some limited exceptions. There is a presumptive rule in English law that the contract can be avoided where the breach is serious. Weir, writing in outlines the problem: