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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 59

The buyer must pay the price on the date fixed by or determinable from the contract and this Convention without the need for any request or compliance with any formality on the part of the seller.

COMMENT

Art. 59 appears to be compatible with the Canadian common law. The provincial Acts do not explicitly provide that the buyer's obligation to pay arises without the need for any request, but such is the normal rule of the common law: Benjamin, op cit., para. 715, and is supported by the language of OSGA 26-27. However, neither art. 59 nor the common law rule must be pressed too hard and in practice it will frequently be necessary for the seller to give the buyer notice of some prescribed event (e.g., that the goods have been shipped or are ready to be collected) in order to trigger the buyer's payment obligation.

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