Importing Uniform Sales Law into Article 2
15 Pages Posted: 21 Feb 2018 Last revised: 28 Feb 2018
Date Written: February 1, 2018
The reliance on domestic sales law in interpreting the CISG’s provisions has been noted and condemned by commentators and some courts. Seldom discussed is the converse possibility: the influence of uniform sales law on Article 2 of the Uniform Commercial Code’s interpretation. The importation of uniform law in interpreting Article 2 is different from importing domestic law in interpreting uniform law, and a priori doesn’t compel the same evaluation of the latter practice. This paper briefly describes relevant (sparse) case law and evaluates the CISG’s potential impact on domestic sales law. Part I gives the background against which the question of the CISG’s potential influence on Article 2’s construction arises. Part II identifies the influence found in the sparse relevant case law to date. Part III briefly argues that the CISG’s importation into Article 2 might be a good thing with respect to certain default rules.
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