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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 33

The seller must deliver the goods:

(a) if a date is fixed by or determinable from the contract, on that date;

(b) if a period of time is fixed by or determinable from the contract, at any time within that period unless circumstances indicate that the buyer is to choose a date; or

(c) in any other case, within a reasonable time after the conclusion of the contract.

COMMENT

1. Art. 33 deals with the time of delivery. Paragraphs (a) and (b) deal with the construction of the agreement where a date or period of time is fixed by or determinable from the contract. Paragraph (c) is concerned with cases where the contract itself prescribes no time.

2. The provincial Sale of Goods Act contain no provisions exactly corresponding to paragraphs (a) and (b), but since they state no more than the obvious this should make no difference. If a statutory text is needed to justify this conclusion, it can be found in OSGA 26 providing that "it is the duty of the seller to deliver the goods ... in accordance with the terms of the contract of sale." Art. 33(c) finds its counterpart in OSGA 28(2).

3. Art. 33 does not deal with the consequences of a delayed or late delivery. This is dealt with in Art. 47 and 49.

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