09.Warranties (1)
-
Upload
miatta-simpson -
Category
Documents
-
view
217 -
download
0
Transcript of 09.Warranties (1)
-
8/3/2019 09.Warranties (1)
1/24
Express and Implied
Warranties
-
8/3/2019 09.Warranties (1)
2/24
What basic obligations do you
presume the seller should take?
In a sale the seller is the party toprovide goods. What the seller
should do is :(1) to deliver the goods
(2) to hand over any documents
relating to the goods(3) to transfer the property in thegoods
-
8/3/2019 09.Warranties (1)
3/24
Different contract laws classify the
sellers obligations in different ways.
1. English law of contract
The sellers obligations are classified
into conditionsand warranties.
How to distinguish conditions andwarranties?
(1)conditions----main/fundamentalcontractual terms underlying thecontract
-
8/3/2019 09.Warranties (1)
4/24
warranties----contractual terms
subsidiary to the main purposes of thecontract
(2) If the seller breaches conditions of
the contract, the buyer can avoid thecontract and claim damages.
If the seller breaches warranties of
the contract, the buyer cannot avoidthe contract and only can claim
damages.
-
8/3/2019 09.Warranties (1)
5/24
2. American law of contract: UCC
The sellers obligations areclassified into express warranties
and implied warranties.
(1) express warranties are
contractual terms directly made by
the seller about their goods andshould be spelled out clearly.
-
8/3/2019 09.Warranties (1)
6/24
Implied warranties are those
warranties that are not expresslygiven in contract by the seller but
are read into the contract by the
law. That is, they are not written in
a contract, but are legally taken to
be present in the contract.
-
8/3/2019 09.Warranties (1)
7/24
3. The sellers obligations under
CISGThe provisions of the CISG are
similar to those in the UCC.
Under CISG Article 35, the seller
must deliver goods that are of the
quantity, quality and descriptionrequired by the contract.
-
8/3/2019 09.Warranties (1)
8/24
Disclaiming implied warranties
What is the main difference between theUCC and the CISG in making disclaimers?
(1) One notable difference between theUCC and the CISG is that U.S. law
places the restrictionson the partiesability to limit the implied warrantiesof the UCC. The CISG has no
restrictions in limiting disclaimers.Any form of disclaimer is allowedunder the CISG.
-
8/3/2019 09.Warranties (1)
9/24
(2) Under the UCC, if a seller does
not want to take some obligationsconcerning implied warranties, he
may disclaim an implied
warranty only by usingconspicuous, or specified, language
to that effect.
-
8/3/2019 09.Warranties (1)
10/24
Notice of Nonconforming Goods
Most legal systems require thatnotice be given by a buyer to a
seller in the event of a breach dueto nonconforming goods.
Many European countries prefer
short period of notification (often ayear or less). However, thedeveloping countries prefer longer
period.
-
8/3/2019 09.Warranties (1)
11/24
The CISG is in favor of the concerns ofdeveloping countries as to this point. (Art. 38/39)
Under CISG (1) the buyer examines the goods
within as short a period as is practicable after theyare received; (2) the buyer should give notice of anonconformity or defect in the goods within areasonable time unless some reasonable excuseprevents doing so; (3) notice must be given withintwo years from the date on which the goods werehanded over to the buyer;(4) if the buyer fails togive proper notice, the buyer loses the right toassert the breach against the seller.
-
8/3/2019 09.Warranties (1)
12/24
Under CISG (1) the buyer examines thegoods within as short a period as ispracticable after they are received; (2) thebuyer should give notice of anonconformity or defect in the goods withina reasonable time unless some reasonable
excuse prevents doing so; (3) notice must begiven within two years from the date onwhich the goods were handed over to thebuyer;(4) if the buyer fails to give proper
notice, the buyer loses the right to assert thebreach against the seller.
-
8/3/2019 09.Warranties (1)
13/24
-
8/3/2019 09.Warranties (1)
14/24
-
8/3/2019 09.Warranties (1)
15/24
-
8/3/2019 09.Warranties (1)
16/24
-
8/3/2019 09.Warranties (1)
17/24
-
8/3/2019 09.Warranties (1)
18/24
-
8/3/2019 09.Warranties (1)
19/24
-
8/3/2019 09.Warranties (1)
20/24
-
8/3/2019 09.Warranties (1)
21/24
-
8/3/2019 09.Warranties (1)
22/24
-
8/3/2019 09.Warranties (1)
23/24
-
8/3/2019 09.Warranties (1)
24/24