Buyer Remedies Of A Contract

Buyer Remedies Of A Contract Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Buyer Remedies Of A Contract The general rules of a contract required from either the seller or the buyer is to comply with their obligations. Therefore, the seller is expected to do his obligation and the buyer is also expected to oblige, but sometimes one party may breach the contract in many ways. For example, the seller may deliver the goods to the buyer late or the delivered goods fail to conform to the standards which are set by the agreement between them. However, in some cases the buyer may breach the contract by not paying the price of the goods.   [ 1 ]   When the breach of contract happens, the injured party may claim for remedies or damages which are available to both the buyer and the seller. This essay, however, will only deal with the buyer remedies. (perhaps say why) It may be generally said that if the parties have not chosen remedies in their contractual relationship, the law which governs the contract will apply in this case. It appears that the remedies whi ch are available for the buyer for breach of contract are different from form to form.   [ 2 ]   These remedies for instance seem to be more elaborated in the Vienna Convention 1980 on Contract for The International Sale of Goods (CISG) compared with English Sale of Goods Act 1979.   [ 3 ]   Therefore the buyer under the CISG has many remedies such as specific performance, more time (Nachfrist) and price reduction. However, under the (SGA) 1979 these remedies are very limited such as termination and damages.   [ 4 ]   It could be said that this difference for the buyer remedies existence due to the CISG being designed to consider the characteristics of the international trade such as the long distance between the parties which increases the cost of transportation.   [ 5 ]    This paper will not examine all the buyer remedies, instead it will just examine one remedy: specific performance. This will be analyzed in two different approaches which are the CISG approach an d the common law approach, in particular the English law act (SGA 1979). Additionally, there has been much debate about whether the specific performance remedy under the Vienna Convention is more useful than the specific performance remedy under the English Law for international sales transactions. Hence, this paper is going to examine and analyze this argument in more detail. Specific Performance under the Vienna Convention on contract for the International Sale Of Goods One of the buyer remedies is specific performance. The main provision dealing with this remedy is Article 46, which states that: (1) The buyer may require performance by the seller of his obligations unless the buyer has resorted to remedy which is inconsistent with this requirement. (2) If the goods do not conform with the contract, the buyer may require delivery of substitute goods only if the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conj unction with notice given under article 39 or within a reasonable time thereafter. (3) If the goods do not conform to contract, the buyer may require the seller to remedy the lack of conformity by repair, unless this is unreasonable having regard to all the circumstances. A request for repair must be made either in conjunction with notice given under article 39 or within a reasonable time thereafter.   [ 6 ]