Introduction

In Chapter 3, mention was made of contracts for the sale of goods and the particular characteristics associated with that type of contract. This chapter returns to the theme but in the context of international trade.

The export contract is a contract for the sale of goods and one which potentially involves the same legal and commercial problems inherent in any such contract. If a dispute arises between the parties over, say, the performance of the contract, it will have to be resolved by referring to the express terms of the contract or, if these do not offer a solution, by applying the default rules provided by the law. In the case of English law, these will be found in the Sale of Goods Act 1979. Should the contract be governed by civil law, reference would have to be made to the provisions of the civil and/or commercial codes of the particular country concerned. At this point, however, it should be noted that, as an international contract for the sale of goods is involved, the relationship between the parties might be governed by an international convention, a prominent example being the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) sponsored by UNCITRAL. Various aspects of this convention will be considered in the next chapter.

In addition to the problems which can arise in connection with any sale of goods transaction, the fact that the parties are based in different countries raises issues not present in...