• Title/Summary/Keyword: Sales Contract

Search Result 188, Processing Time 0.023 seconds

A Study on CIETAC Case about Acceptance with Different Terms - Focus on CISG - (변경을 가한 승낙에 관한 CIETAC 사례 연구 - CISG를 중심으로 -)

  • Kang, Ho-Kyung
    • Journal of Arbitration Studies
    • /
    • v.24 no.4
    • /
    • pp.127-145
    • /
    • 2014
  • The wording of Article 18 shows that a statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Meanwhile, Article 19 states that this reply with different terms is a rejection of the offer and constitutes a counteroffer. For example, additional or different terms relating, among other things, to the price, payment, quality and quantity of the goods, place and time of delivery, extent of one party's liability to the other, or the settlement of disputes are considered to alter the terms of the offer materially. However, this reply with different terms which do not materially alter the terms of the offer constitutes an acceptance unless the offer or, without undue delay, objects orally to the discrepancy or dispatches a notice to that effect. As a result, the acceptance depends on whether different terms are material or not. CIETEC holds that the deletion of contract violation liability clause is not equal to an alteration to the extent of one party's liability to the other as stipulated in Article 19(3) of the CISG. In addition, CIETAC recognizes that one party had orally accepted the modifications made to the sales confirmation, with even China declaring against an oral contract. Lastly, CIETAC holds that the sales confirmation has been established when both parties signed on the sales confirmation instead of the acceptance being effective. Korean companies should, thus, note these issues when they solve disputes at CIETAC.

  • PDF

The Writing Requirement of Contracts for International Sales of Goods: the CISG and the US Laws (국제물품매매계약에서의 서면요건에 대한 고찰: 미국계약법과 CISG 비교를 중심으로)

  • Ha, Choong-Lyong
    • International Commerce and Information Review
    • /
    • v.14 no.4
    • /
    • pp.203-225
    • /
    • 2012
  • This paper investigates the difference of writing requirements between the UCC2. and the UN convention on international sales of goods (CISG). To do it, the U.S writing requirement by statute of frauds was introduced by two sources of laws including common law and UCC${\S}$2-201. Although the U.S. statute of frauds requires some contract to be written with formalities, the way the requirement is satisfied is quite flexible in terms of its formalities. The UCC is more flexible than the common law in its formalities. The CISG does not require the sales contract to be written with any format, which is totally different from the U.S statue of frauds. Such differences between the U.S laws and CISG in writing requirement were investigated in the context of conflicts of laws.

  • PDF

Review of Legislation Case in Main Country about the Validity of International Commercial Contract (국제상사계약의 유효성에 관한 주요국가의 입법례 검토)

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.69
    • /
    • pp.153-178
    • /
    • 2016
  • The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. And UNIDROIT don't deal with all-round validity in International Commercial Contract. Especially, UNIDROIT includes declaration of intention department. The UNIDROIT contains the chapter 3 on the "validity" in terms of the defects of consent such as mistake, fraud, and threat as well as "gross disparity". Notwithstanding these provisions, the Principles did not deal with invalidity arising from the lack of capacity or authority, or immorality or illegality. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC). Therefore, Validity in International Commercial Contract is delegate by Each Country Law. So Trade practicer should know full well about Each Country Law Position. People(human, corporation, company) of position Trade practice classify each country civil law relation to validity of commercial contract. This paper is to examine the Validity of UNIDROIT Principles. Also this paper analyses comparison on each country position relation to capacity of right, capacity to act, illegality of contract, declaration of intention. In conclusion, This paper expect that people of trade practice makes use of analysis knowledge.

  • PDF

A Study on the Delays of Performance under UN Convention on Contracts for the International Sale of Goods (국제물품매매협약상의 이행지체에 관한 연구 -이행지체에 관한 실무적 계약 조항의 제안을 중심으로-)

  • Kim, Yong-Il;Kim, Tae-In
    • International Commerce and Information Review
    • /
    • v.12 no.4
    • /
    • pp.385-404
    • /
    • 2010
  • The purpose of this article is to examine the Delays of Performance under UN Convention on Contracts for the International Sale of Goods. In theory, there exist three clearly distinguishable categories of breach of contract, namely non-performance, non-conforming performance and late performance. In particular, delays of performance are the most common breach of sales contract including late delivery, late payment or late performance of any other obligation. In this regard, this article examines how parties can, through careful drafting, avoid or minimize legal problems in case of delay in performance. Especially, the export perspective focuses on the seller's interests, which require that sanctions be as lenient as possible if the seller has breached the contract but that there are prompt and adequate sanctions if the buyer has breached the contract. Furthermore, the seller should ensure that a short or medium delay in delivery will not entitle the buyer to declare the contract immediately avoided and take precautions against late payment, including delayed opening of a letter of credit.

  • PDF

A study on the Shrinkwrap License Contracts on Computer - Information Transaction in USA (컴퓨터정보거래에서 쉬링크랩라이센스 계약에 관한 고찰 -미국의 경우를 중심으로-)

  • Song, Keyong-Seog
    • Journal of Digital Convergence
    • /
    • v.2 no.1
    • /
    • pp.93-112
    • /
    • 2004
  • A license under UCITA(Uniform Computer Information Transactions Act) which represents the first comprehensive uniform computer information licensing law is not fundamentally rooted in intellectual property law such as patent or copyright law. A license under UCITA is simply a commercial contract, dependent wholly on the parties' ability to enter into a normal, commercial contract, just as a contract of sale or lease is simply and wholly a commercial contract. However, intellectual property rights may be licensed in a contract subject to UCITA. UCITA may not be used to vary or extend informational rights that are intellectual property rights, and expressly recognizes preemption by copyright, patent, or other federal intellectual property law in Section 105(b). Like the law of sales and leases, in general, the right to contract is constrained by principles of unconscionability, good faith and fair dealing, UCITA has an additional restraint, an express power for a court to deny enforcement of a provision in a licensing contract that violates fundamental public policy. This public policy defense is unique in UCITA. An essential purpose of this defense is to give courts some latitude in reconciling commercial licensing law with the principles of intellectual property law. Most intellectual property law is federal, and UCITA expressly recognizes the preemptive effect of that federal law. But the public policy defense gives courts an additional power to consider intellectual property principles purely within the context commercial law.

  • PDF

A Study on Contract Intention of Preliminary Founders andFranchise Headquarters (예비 창업자와 프랜차이즈 본사의 계약 의사에 관한 연구)

  • Jung, Jin-Woo
    • Culinary science and hospitality research
    • /
    • v.14 no.1
    • /
    • pp.39-55
    • /
    • 2008
  • The characteristics of preliminary founders has taken a part in deciding the structural elements of Franchise headquarters in the food service industry. Thus this study tries to show how preliminary founders have an impact on structural elements in franchise headquarters through demonstrative research on intention of contracting by characteristics of preliminary members. The result shows that the experience factor of a preliminary owner has significant relationships with the structural elements of headquarters. It was analyzed that the structural elements of franchise headquarters such as expert consulting, training support and use of sales guide influence contract intention. The characteristics of the preliminary founders have a major impact on investment, financing, expert consulting, educational support, and untilization of business guideline. The structural elements have a major impact on contract intention.

  • PDF

Can We Apply Ethical Standards to the CISG Impediment? (CISG의 이행장애에 대한 윤리적 기준의 적용 가능성 검토)

  • Jin-Soo Kim
    • Korea Trade Review
    • /
    • v.47 no.3
    • /
    • pp.129-139
    • /
    • 2022
  • Ethical issues in international trade will first need to be resolved through applicable public methods. However, considering that there is a party who produced and manufactured the goods, that is, a seller, and a buyer who purchased the goods, the area of the public law is now a matter of private law. Since the CISG does not mention the term 'ethics' in the full text, an ethical consideration is needed to interpret using existing provisions. In addition, a review of the validity, explicit and implied conditions, trade usages, or established practices between the parties through the CISG shows that ethical issues between the trading parties subject to the CISG may constitute part of the sales contract. Ethical hardship in the process of implementing the contract can also be seen as a impediment in the CISG. However, the safe way for a party to avoid disputes is to explicitly insert a contract clause incorporating ethical standards in the contract or add related terms and conditions and codes of ethics.

Comparative Study on UNIDROIT Principles and Korean Civil Law about Illegality of Contract in International Trade (국제무역상 계약의 위법성에 관한 UNIDROIT원칙과 한국민법 비교연구 - 한국민법의 개선방안을 제시하며 -)

  • Chang-Won Ryu
    • Korea Trade Review
    • /
    • v.45 no.1
    • /
    • pp.221-239
    • /
    • 2020
  • Among various export contracts, the contents of contracts are very important. Various companies make use of this method. [Which method are you talking about?] However, the Korean law system has an insufficient understanding of the international legal system. This paper looks into the conditions related to contracts in relation to the legal system. This paper analyzes not only the Korean civil law system about illegality of contracts but also makes a comparison with other international systems, such as the UNIDROIT Principles. Especially, the Korean civil law system about the illegality of contracts is comparable with the UNIDROIT Principles system about illegality of contracts. The purpose of this paper is to examine the revitalization of Illegality of Contract. This paper also deals with improvement of International Commercial Activation. Thus, this paper will offer directions to International Trade Practitioners. There is disagreement regarding methods of action related to international trade practice. Especially, this study is good for commercial parties, especially overseas sales people.

Sales Strategic Planning through analyzing the factors affecting the foodservice management contract (위탁급식계약 개발전략수립을 위한 업체선정 요인분석)

  • Yi, Bo-Sook;Yang, Il-Sun;Park, Jin-Young;Kim, Hyun-Ah
    • Korean journal of food and cookery science
    • /
    • v.20 no.5
    • /
    • pp.423-435
    • /
    • 2004
  • The purposes of this study were to compare, through a factor analysis, the perceived level of importance of 4 categories of features relating to food service management between salespeople and clients, to establish an effective marketing strategy for successful contracting. To obtain data on the perceived level of importance level of the factors affecting foodservice management contracts, questionnaires were developed using the Delphi technique, which were modified by apilot test. The questionnaires consisted of 4 categories and 19 items on the factors affecting foodservice management contracts, with the importance level of these factors measured on a 5 point-Likert type scale. Between March 12 and April 13 2003, the self-administrative questionnaires were mailed to the 60 salespeople and 280 clients. A total of 50 clients (25%) and 48 salespeople(77%) responded to the questionnaires. As a result, forprivate contracts and in competitive biding, the differences of the perceived importance level between the salespeople and clients of the 3 categories (the appropriateness of foodservice operation plan, sales ability, the conditions and costs of the contract) were significant. For the 5 items relating to private contracts, Field trip, Menu Management Plan, Sanitation and Safety Management, Cost per meal and Food Cost per meal, both the salespeople and clients perceived high levels of importance for all these items. For competitive biding, both the salespeople and clients perceived high levels of importance for the 6 item the Foodservice operation supportive system, Field trip, Menu Management Plan, Renewal plans for interior and environment, Cost per meal and Food Cost per meal.