Abstract:
This article aims to compare the remedy of price reduction under the United Nations Convention on Contracts for the International Sale of Goods, 1980 (CISG) and the Proposal for a Common European Sales Law, 2011 (CESL) with the remedy of damages and set-off under the Sale of Goods Act, 1979 (SGA). It seeks to evaluate their differences on the basis of a novel evaluative framework introduced in this article. The reason for choosing these two types of remedies revolves around the fact that both remedies deal with compensating the buyer with money and that their operation might be functionally equivalent. The remedy of price reduction is not prescribed under the SGA, whereas the remedy of damages is the primary remedy under this legal regime. By contrast, damages under the CISG and the CESL are not considered the primary remedy. Instead, price reduction seems to be of high importance in these legal regimes. The evaluation aims to find out which remedy is more effectively able to compensate the international commercial buyer of manufactured goods. There will be also references to the law of set-off under the SGA. However, it will be revealed that it is difficult to determine which remedy is more suitable for a buyer contracting within the context of international sales of manufactured goods.
Beheshti, Reza, A Comparative Analysis of Damages Along with Set-Off Under the SGA versus Price Reduction Under the CISG and the CESL (March 2014). (2014) European Journal of Commercial Contract Law 1; University of Leicester School of Law Research Paper No. 14-10.
First posted 2014-05-11 06:14:51
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