Question

Who will prevail in the following scenarios applying the CISG? Would your answer change if the parties selected the UCC pursuant to a choice of law clause?

1. Scenario

An attempt by an American buyer to avoid paying a French seller for goods after ignoring the French seller's request for additional time to perform the contract, which goods were delivered six days after the date provided in the contract.

2. Scenario

A claim by a German buyer against an American seller alleging the seller's failure to perform an oral agreement relating to a sale of goods valued at U.S. $10,000.

Answer 1

Answer1:

Utilizing the CISG, the French seller may prevail. The CISG requires that a buyer responds to a seller's request for additional time to perform a contract or the request is deemed granted. Utilizing the UCC, the American buyer may prevail. The UCC does not require that a buyer grant a seller an additional period of time to perform a contract.

Answer2:

Utilizing the CISG, the German buyer may prevail. The CISG provides that a contract does not have to be concluded in or evidenced by writing in order to be enforceable. Utilizing the UCC statute of frauds, the American seller may prevail. The statute of frauds requires contracts for the sale of goods in excess of $500 to be in writing.