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ERIC Number: EJ1174089
Record Type: Journal
Publication Date: 2015
Pages: 46
Abstractor: ERIC
ISSN: ISSN-0896-5811
Contract Formation and Performance under the UCC and CISG: A Comparative Case Study
Saunders, Kurt M.; Rymsza, Leonard
Journal of Legal Studies Education, v32 n1 p1-46 Win 2015
Contracts for the sale of goods in the United States are governed by the Uniform Commercial Code (UCC) in every state but one. When one of the parties to the contract is based in another country, however, the conflict of laws principles that will determine which country's law governs the transaction can be confounding. In addition, the commercial laws and practices of other cultures are sometimes quite different than those found in the United States. Fortunately, when it comes to contracts for the sale of goods, these concerns can be overcome due to the accession of the United States to the United Nations Convention on Contracts for the International Sale of Goods (CISG). This case study, written for use in commercial and business law courses, explores various contracts law issues from the standpoints of the UCC versus the CISG. Although the issues presented for discussion are relatively straightforward, the main focus is comparative so as to allow students to understand how application of the UCC or CISG can lead to divergent outcomes. Because it is a case study, the emphasis is less on the theory of the law and more on its practical application in context. In Part II, a hypothetical fact scenario is presented for consideration. Part III provides a set of questions to prompt and direct a discussion and analysis of numerous issues presented by the hypothetical case. An overview of applicable CISG and UCC contracts law is provided in Part IV. Instructors may wish to supplement these materials with textbook readings and additional cases that will assist students in analyzing the issues. Finally, the teaching notes in Part V outline the pedagogical objectives and suggestions for use of the case, including a detailed analysis of the issues raised by the questions in Part III.
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Publication Type: Journal Articles; Guides - Classroom - Teacher
Education Level: Higher Education
Audience: Teachers
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A