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Part VII Obligations of the Seller, 31 Conformity of the Goods

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
14 June 2022
ISBN:
9780198871255

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 March 2023

Subject(s):
Contract — Burden of proof and damages — Time of delivery — Conformity of goods — Definition of goods

This chapter expounds on the conformity of goods. The distinction between cases of non-conformity and cases of non-delivery is of great practical importance as all legal consequences differ depending on the classification of the case. It highlights the contractual requirements wherein quantity, quality, nature, description, and packaging are considered. Additionally, the chapter notes the domestic approach and uniform approach used to tackle immaterial discrepancies. It also includes the burden of proof in the hands of the seller. All legal systems recognize that the knowledge of the buyer to any purported non-conformity given significance is in line with the seller’s liability.

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