CISG AND UCC

Differences between CISG and UCC

Abstract

Contract for the international Sale of goods (CISG) is UN-sponsored convention that establishes uniform-rules for drafting international sales contracts. The Uniform Commercial Code (UCC) has been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions. This paper explains the differences between CISG and UCC in terms of Admissibility of Evidence - Statute of Frauds, The Battle of the Forms and Warranties and Warranty Disclaimers.

Table of Contents

Abstract2

Introduction4

Discussion4

1.Admissibility Of Evidence - Statute Of Frauds4

2.The Battle Of The Forms5

3.Warranties And Warranty Disclaimers6

Conclusion7

References8

Differences between CISG and UCC

Introduction

Contract for the international Sale of goods (CISG) is UN-sponsored convention that establishes uniform-rules for drafting international sales contracts. The Uniform Commercial Code (UCC) has been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America. This paper highlights the differences between the CISG and UCC.

Discussion

Following is a comparison of key provisions of the CISG and the UCC:

Admissibility Of Evidence - Statute Of Frauds

The term "Statute of Frauds" is the principle of common law, adopted by several national laws that the evidence of certain contracts may be made in writing. The UCC, which has incorporated, this principle and that apart from certain exceptions, evidence of sales contracts for an amount greater than $ 500 cannot be presented in writing. The shape of commercial contracts is, therefore, of paramount importance to the United States (Roszkowski, 2001).

The CISG was, on the other hand, is design to meet the needs of men and women in business do not wish to see their business operations hampered by cumbersome legalistic constraints. Thus, unlike the contracts governed by the UCC, the international sales contracts governed by the CISG are not subject to any formality.

The Battle Of The Forms

The term "battle of forms" refers to the situation where a client sends you an order form containing certain terms and your agreement modify these terms. This raises two problems, first, whether a valid contract design is between the parties and the second, resulting from differences between the terms of the offer and acceptance, raises the problem more concrete content of the contract between the parties.

The provisions of the UCC and CISG solve these problems in different ways. First, the UCC considers that a valid contract was concluded when the acceptance does not alter the essential terms of the ...