The Buyer's Remedies for Non-conforming Goods: Should There be Free Choice Or are Restrictions Necessary?
sellier. european law publ., 2005 - 264 lappuses
This study analyses the buyer's remedies for non-conforming goods under a sales contract under English, German, French and Scandinavian law. Moreover, the EC Consumer Sales Directive, the 1980 UN Convention on Contracts for the International Sale of Goods (CISG) and the Principles of European Contract Law (PECL) are included. The study examines the most controversial issues and problems involved in the establishment of an effective and fair remedial regime for non-conforming goods. Should there be a certain hierarchy of remedies, where some prevail over others? Who should be able to choose between the remedies, the buyer or the seller, and should there be a right for the seller to impose cure upon the buyer? Should certain remedies be restricted where the lack of conformity is not sufficiently serious? Another controversial issue is the question of whether, and if so, how the buyer should be obliged to notify the seller, and within which time limits he should be obliged to bring forward his claim.
Mēģiniet meklēt visos sējumos: law of obligations
1.0. rezultāts no 0.
Differentiation through time limits
Distinction due to type of transaction
Damages as substitute
According to Art apply approach breach of contract buyer buyers right CISG Civil Code commercial sales compensation concerning Consumer Sales Directive contract law Cour de cassation court criticised delivered delivery Draft UNCITRAL Digest England English law English Law Commission entitled established fact favourable Fkjl France fundamental breach further under Chapter Furthermore Germany hidden defects Honnold Huet immovable property instance International Sale KöpL lack of conformity law of obligations legislator liability limited minor Moreover non-conformity Nordic Countries Notification Duties notify the seller PECL period of prescription practice prescription period price reduction principle Prop proposal provides question Ramberg Ramberg/Herre reasonable reform regime repair and replacement repair or replacement restricted right to cure right to repair right to terminate rules sale of immovable Sales Act sales contracts Schlechtriem SoGA solution specific performance standard contracts sumer Sweden Swedish terminate the contract tion Treitel unreasonable