Friday, August 23, 2019
Rules about Delivery in Contracts Involving the Sales of Goods Assignment
Rules about Delivery in Contracts Involving the Sales of Goods - Assignment Example Before the creation of laws governing sales of goods contracts, the right of ownership or Law merchant was the major concept under sales law (Mann & Roberts, 2007, p. 398). Such laws comprised a system of regulations, customs, as well as usages self-imposed by the sellers themselves, in order to settle disputes while enforcing agreement duties between them. Such rules were introduced during fairs when merchants met to swap goods even as they settle their differences via the fair courts they operated themselves. Hence, from 17th-century judges refined the codes behind mercantile laws into contemporary commercial law of sales (Mann & Roberts, 2007, p. 398). certain issues arose under rules governing delivery in sales of goods. Firstly, how do you determine what time the title actually changed from seller to buyer? As it presented a challenge in deciding which party the possession title had at the instance of a loss. Secondly, even though orthodox assessment under such rules would probably indicate that equity laws do not pertain, it would be hard to uphold such view in a contemporary and globalized world. Thus, the aim of this paper is to evaluate how del ivery of contracts involving the sales of goods offers a contemporary uniform and fair regime practices for both domestic and international sale of goods. The paper also discusses the controversies surrounding such rules. In most jurisdictions, the sale of goods contracts is accorded between the seller and a buyer meant to cover the trade and delivery of goods, or any other personal property (Atiyah, Adams, & MacQuee, 2005, ch 1). For instance, in the US, domestic sales-contracts fall under the Uniform Commercial Code, while in Australia the contract for delivery under sales of goods falls under the Australian Sales ofà Goods Act 1893. The rules are based on the Freedom of Contract, thus it is up to the concerned parties to agree on their bargain (Bridge, p. 45). Nevertheless, international sales contracts are governed by the United Nations Convention on Contracts for the International Sale of Goods 2009, or Vienna Sale Convention.Ã
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