- Tytuł:
- On the Need of Specifying a Particular Purpose of the Goods in a Contract for Sale of Goods
- Autorzy:
- Święszkowska, Anna
- Powiązania:
- https://bibliotekanauki.pl/articles/46628898.pdf
- Data publikacji:
- 2023-12-15
- Wydawca:
- Akademia Leona Koźmińskiego w Warszawie
- Tematy:
-
non-conformity of goods
correspondence with description
satisfactory quality
fitness for a particular purpose
fitness for a general purpose
implied terms
physical defect
hidden defect
mistake about quality
duty of acceptance of goods
rejection right
breach of contract
fundamental breach - Opis:
- Non-conformity of goods is the crucial matter in many cases on sale of goods. Usually, it is not difficult to determine conformity in the legal sense, when the parties have made express statements on that issue in the contract. Factual conformity, by contrast, depends on the actual properties of the delivered goods. For the commercial buyer who typically plans to resell the goods, the actual conformity is a matter of practical importance. Conformity in a legal sense is more important in cases when the buyer wants to use the goods himself for an intended purpose. The main objective of this article is to draw attention to the importance of specifying accurately the purpose for which the goods are being bought; the grade of quality or relevant standard as a pre-emptive measure for limiting the risk of receiving non-conforming goods in legal terms. The second purpose of this article is to compare the rules on conformity to see how they tackle the issue of allocating the risk for lack of non-conformity, and what the buyer can do to minimalize his risks. The article will start with an overview of English sales law, which has long served as the de facto international sales law for sales transactions. It then scrutinises the rules on conformity under the Convention on Contracts for International Sales of Goods (CISG). Finally, it compares all the relevant rules with Polish law.
- Źródło:
-
Krytyka Prawa. Niezależne Studia nad Prawem; 2023, 15, 4; 233-256
2080-1084
2450-7938 - Pojawia się w:
- Krytyka Prawa. Niezależne Studia nad Prawem
- Dostawca treści:
- Biblioteka Nauki
Artykuł