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2008 UNCITRAL Digest of case law on the United Nations Convention on the International Sale of Goods

Digest of Article 56 case law [reproduced with permission of UNCITRAL]

Article 56

If the price is fixed according to the weight of the goods, in case of doubt it is to be determined by the net weight.

OVERVIEW

1. Article 56 provides that, if the parties fix the price according to the weight of the goods, and it is unclear whether they intended to refer to gross weight or net eight, it is net weight -- the weight remaining after subtracting the weight of the packaging -- that governs the price. This is a rule of interpretation applied in the absence of contractual stipulations, usages or practices established between the parties on the matter

2. Court decisions referring to article 56 have been extremely rare.[1]


NOTES

1. See [UNITED STATES Federal Bankruptcy Court for the Northern District of Ohio 10 April 2001 (Victoria Alloys, Inc. v. Fortis Bank)].


©Pace Law School Institute of International Commercial Law - Last updated June 16, 2009
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