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Report to the Uniform Law Conference of Canada on Convention on Contracts for the International Sale of Goods

Professor Jacob S. Ziegel, University of Toronto
July 1981

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Article 27

Unless otherwise expressly provided in this Part of the Convention, if any notice, request or other communication is given or made by a party in accordance with this Part and by means appropriate in the circumstances, a delay or error in the transmission of the communication or its failure to arrive does not deprive that party of the right to rely on the communication.

COMMENT

1. The provincial Sale of Goods Acts contain no corresponding provision but the Code has a similar provision in UCC 1-201(26), meaning of "notifies" or "gives" a notice.

2. As previously noted "Art. 27 adopts a dispatch theory for communications under this Part of the Convention as contrasted with the receipt rule adopted under Part II. I think the distinction can be justified. Part II is concerned with communications during the formative phase of a contract where neither party has committed a breach. Art. 27 only applies after a contract has been concluded and where, generally speaking, a breach has occurred. It is not unreasonable therefore that the breaching party should run the risk of a communication not reaching him or not reaching him on time. In any event Part III is not inflexible and contains many exceptions to the general rule in Art. 27. See Arts. 47(2), 48(4), 63(2), 65(1), 65(2), and 70(2)."

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Pace Law School Institute of International Commercial Law - Last updated April 23, 1999
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