Matchup of CISG Article 19 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents || Go to full text of CISG || Go to full text of ULF

LEGISLATIVE HISTORY

CISG ANTECEDENTS


     CISG Article 19                       ULF Article 7
                                                                  
1. A reply to an offer which          1. An acceptance containing 
purports to be an acceptance          additions, limitations or other 
but contains additions,               modifications shall be a 
limitations or other modifications    rejected of the offer and shall 
is a rejection of the offer and       constitute a counter-offer. 
constitutes a counter-offer. 
                                      2. However, a reply to an offer 
2. However, a reply to an offer       which purports to be an 
which purports to be an               acceptance but which contains 
acceptance but contains               additional or different terms 
additional or different terms         which do not materially alter the
which do not materially alter the     terms of the offer shall constitute 
terms of the offer constitute an      an acceptance unless the 
acceptance, unless the offeror,       offeror promptly objects to the 
without undue delay, objects          discrepancy; if he does not so 
orally to the discrepancy or          object, the terms of the contract
dispatches a notice to that effect.   shall be the terms of the 
If he does not so object, the terms   offer with the modifications 
of the contract are the terms of      contained in the acceptance. 
the offer with the modification 
contained in the acceptance.        
 
3. Additional or different terms        
relating, among other things, to      
the price, payment, quality and     
quantity of the goods, place and     
time or delivery, extent of the      
party's liability to the other or     
the settlement of disputes are      
considered to alter the terms of   
the offer materially.       

Comments on the match-up

Paragraph (1) of CISG Article 19 is derived from Article 7(1) of ULF. With minor drafting changes, paragraph (2) of ULF Article 7 became Article 19(2) of the Convention. Paragraph (3) of CISG Article 19 is a clarifying addition that was added to the Convention. Farnsworth in Commentary on the International Sales Law, Bianca/Bonell eds. (Guiffrè: Milan 1987) 175-177.

Go to views on citing ULIS or ULF cases in CISG proceedings


Illustrative ULF case precedents that can aid in the interpretation of CISG Article 19

ULF case law referred to below comes from the chapter on CISG Article 19 in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Claredon Press: Oxford 1998).

The author of this chapter is Peter Schlechtriem, Professor, University of Freiburg. [Bracketed] material following each case citation identifies the page of his chapter and the footnote he provides. Click here for schedule of abbreviations contained in his case citations.

Interpretation and ULF case support

The material we have excerpted pertains only to case law under the Uniform Law that preceded the CISG -- jurisprudence that parties have regarded as relevant because the CISG drafting process commenced with that Law. See the cited chapter of the Schlechtriem Commentary for a comprehensive analysis of CISG Article 19.


Pace Law School Institute of International Commercial Law - Last updated June 19, 1998
Comments/Contributions

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