This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
See the Preamble of the CISG.
- 2.
Status: United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG). UNCITRAL. Retrieved 10 December 2022, from https://uncitral.un.org/en/texts/salegoods/conventions/sale_of_goods/cisg/status.
- 3.
Ibid.
- 4.
Article 6 of the CISG: The parties may exclude the application of this Convention or, subject to article 12, derogate from or vary the effect of any of its provisions.
- 5.
Article 38(1) and (2) of the CISG:
(1) The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances;
(2) If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination.
- 6.
Article 50 of the CISG: If the goods do not conform with the contract and whether or not the price has already been paid, the buyer may reduce the price in the same proportion as the value that the goods actually delivered had at the time of the delivery bears to the value that conforming goods would have had at that time. However, if the seller remedies any failure to perform his obligations in accordance with article 37 or article 48 or if the buyer refuses to accept performance by the seller in accordance with those articles, the buyer may not reduce the price.
- 7.
Article 74 of the CISG: Damages for breach of contract by one party consist of a sum equal to the loss, including loss of profit, suffered by the other party as a consequence of the breach. Such damages may not exceed the loss which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract, in the light of the facts and matters of which he then knew or ought to have known, as a possible consequence of the breach of contract.
- 8.
Zhang [1], p. 251.
- 9.
Jiang and **a [2], p. 399.
- 10.
Hu [3], p. 265.
References
Zhang, Y. (2009). Uniform Law on the International Sale of Goods: Interpretation of the CISG. China Commercial Press
Jiang, B. & **a., D. (2020). Detailed Explanation of Key Articles and Practices of the Civil Code of the People's Republic of China (Part 1). People’s Court Press
Hu, K. (2012). Interpretation of the Contract Law of the People’s Republic of China. Law Publisher.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2024 The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd.
About this chapter
Cite this chapter
Guo, C.C., Lin, W., Weng, C.Xc. (2024). YT Tech Corporation v. Yantai Haiwan Plastic Products Co., Ltd. In: Guo, P., Zuo, H., Zhang, S. (eds) Selected Chinese Cases on the UN Sales Convention (CISG) Vol. 3. Selected Chinese Cases on the CISG. Springer, Singapore. https://doi.org/10.1007/978-981-99-6851-0_19
Download citation
DOI: https://doi.org/10.1007/978-981-99-6851-0_19
Published:
Publisher Name: Springer, Singapore
Print ISBN: 978-981-99-6850-3
Online ISBN: 978-981-99-6851-0
eBook Packages: Law and CriminologyLaw and Criminology (R0)