II. Formation of Contract for International Sale of Goods
1. Formality of Contract 2. Offer (1) Definiteness Under Article 14 (1) of CISG, “(a) proposal for concluding a contract addressed to one or more specific persons constitutes an offer if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. A proposal is sufficiently definite if it indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price”.
Key Terms
Remedy: 救济措施 Opt in: 决定参加 Opt out: 退出 Reservation: 保留 Avoidance of the contract: 撤销或废止合 同 Rescind: 废止一条法律或规章制度 Installment contract: 分期分批交货合同
Second, the CISG specifically excludes certain specific kinds of sales such as sale by auction, and certain specific kinds of goods, such as stocks, electricity, ships, hovercraft, and aircraft. Third, the CISG excludes sales of goods where the buyer supplies a “substantial part” of the “materials” necessary for production. Fourth, sales of manufactured goods are excluded where the “preponderant part” of the obligations of the supplier are in the form of labor or other servplication. According to Article (1) (b), Even if one or both parties do not have their place of business in a contracting state, the CISG might still apply “when the rules of private international law lead to the application of the law of a contracting state”.
