CISG CASE PRESENTATION

Switzerland 1 September 1993 Commercial Court Zürich (Kitchen spatulas case)
[Cite as: http://cisgw3.law.pace.edu/cases/930901s1.html]

Primary source(s) for case presentation: Michael R. Will

Case Table of Contents

• Case identification
• Classification of issues present
• Editorial remarks
• Citations to case abstracts, texts, and commentaries
• Guide to links contained in case presentations

Classification of issues present

APPLICATION OF CISG: Yes [presumably Article 1(1)(a)]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 38(1) ; 39(1) ; 74 ; 78

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Burden of proof ; Examination of goods ; Lack of conformity notice, specificity ; Interest

Go to Case Table of Contents

Go to Case Table of Contents

English: Behr, 17 Journal of Law and Commerce (1998) 266-288 [abstracts and comments on 29 interest rulings from 10 countries (this case presented at 275-276: "In this Swiss-German sale of home appliances at a price of 30,171.70 German Marks, CISG was applied without discussion (Article 1(1)(a)?). An unidentified seller, probably German, because the price is fixed in German Marks, claimed the price plus 13.5% interest. The buyer counterclaimed for a reduction of price and only 6% interest. The court decided: 'The amount of damages of 13.5%, which is claimed by plaintiff, is unquestioned by defendant. Thus the claim is valid.' ")