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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 32

(1) If the seller, in accordance with the contract or this Convention, hands the goods over to a carrier and if the goods are not clearly identified to the contract by markings on the goods, by shipping documents or otherwise, the seller must give the buyer notice of the consignment specifying the goods.

(2) If the seller is bound to arrange for carriage of the goods, he must make such contracts as are necessary for carriage to the place fixed by means of transportation appropriate in the circumstances and according to the usual terms for such transportation.

(3) If the seller is not bound to effect insurance in respect of the carriage of the goods, he must, at the buyer's request, provide him with all available information necessary to enable him to effect such insurance.

COMMENT

1. Art. 32 specifies the seller's obligations under a shipment contract and is unremarkable. Comparable, though not identical provisions, are found in s.31 of the Ontario Act and its provincial counterparts, and in UCC 2-504. The Ontario and Code provisions are discussed in the OLRC Sales Report at pp.338-341.

2. Art. 32 like the other articles with respect to the seller's delivery obligations only applies in the absence of contrary agreement between the parties. In practice, the agreement will spell out the seller's delivery obligations quite precisely by adopting an established shipment term (e.g., F.O.B., C.I.F., C. & F.) and less frequently by incorporating the INCOTERMS of the International Chamber of Commerce or the definitions in UCC 2-319 et seq. As a result the need to rely on art. 32, is not often likely to arise in practice.

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