Remedies Under the Convention on Contracts For The International Sale of Goods and the United Kingdom's Sale of Goods Act: A Comparative Examination
30 Pages Posted: 12 Feb 2018
Date Written: November 6, 2011
The United Nations Convention on Contracts for the International Sale of Goods (CISG) has played an increasingly important role in international trade and considering that the law of England and Wales has a long history of being selected as the governing law in sales contracts, there has been much debate over whether the United Kingdom (UK) should ratify the CISG. Due to the different preferences and approaches adopted by the CISG and the UK’s Sales of Goods Act 1979 (especially in respect of remedial provisions), this note will make a comparative study of remedies — such as the right to termination, specific performance, the reduction of price and the right to cure — under both of these legal regimes. It will also deal with the argument of vagueness and uncertainty inherent in the concept of fundamental breach, economic inefficiency of specific performance and the necessity of other remedies under the CISG which are unfamiliar to English lawyers. It will be argued that the arrangement of remedies under the CISG is better and worth serious consideration by English law.
Keywords: CISG, SGA 1979, Remedies
JEL Classification: K12, K33
Suggested Citation: Suggested Citation