Exceptions to the duty to notify the seller of a non-conformity of the delivered goods in international sales law

Breach of the duty to notify the seller of the lack of conformity of the delivered goods is followed by harsh consequences for the buyer. Namely, he loses the right to rely on the non-conformity of the goods if he does not give the notice to the seller in adequate and timely manner. In international...

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Main Author: Fišer-Šobot Sandra
Format: Article
Language:English
Published: University of Novi Sad, Faculty of Law 2012-01-01
Series:Zbornik Radova: Pravni Fakultet u Novom Sadu
Subjects:
Online Access:http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791202339F.pdf
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author Fišer-Šobot Sandra
author_facet Fišer-Šobot Sandra
author_sort Fišer-Šobot Sandra
collection DOAJ
description Breach of the duty to notify the seller of the lack of conformity of the delivered goods is followed by harsh consequences for the buyer. Namely, he loses the right to rely on the non-conformity of the goods if he does not give the notice to the seller in adequate and timely manner. In international sales law the buyer is entitled to rely on the lack of conformity of the goods even when he fails to notify the seller in two specific cases. First, if the lack of conformity relates to the facts of which the seller knew or could not have been unaware and which he did not disclose to the buyer. And secondly, the buyer retains remedies for the nonconforming delivery if he has a reasonable excuse for his failure to give the required notice.
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spelling doaj.art-de531ae4b030496690bbe41422da06472022-12-21T17:48:29ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552012-01-0146233935310.5937/zrpfns46-25630550-21791202339FExceptions to the duty to notify the seller of a non-conformity of the delivered goods in international sales lawFišer-Šobot Sandra0University of Novi Sad, Faculty of Law, Novi Sad, SerbiaBreach of the duty to notify the seller of the lack of conformity of the delivered goods is followed by harsh consequences for the buyer. Namely, he loses the right to rely on the non-conformity of the goods if he does not give the notice to the seller in adequate and timely manner. In international sales law the buyer is entitled to rely on the lack of conformity of the goods even when he fails to notify the seller in two specific cases. First, if the lack of conformity relates to the facts of which the seller knew or could not have been unaware and which he did not disclose to the buyer. And secondly, the buyer retains remedies for the nonconforming delivery if he has a reasonable excuse for his failure to give the required notice.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791202339F.pdfinternational sale of goodsconformity of the goodsnotification dutyCISG
spellingShingle Fišer-Šobot Sandra
Exceptions to the duty to notify the seller of a non-conformity of the delivered goods in international sales law
Zbornik Radova: Pravni Fakultet u Novom Sadu
international sale of goods
conformity of the goods
notification duty
CISG
title Exceptions to the duty to notify the seller of a non-conformity of the delivered goods in international sales law
title_full Exceptions to the duty to notify the seller of a non-conformity of the delivered goods in international sales law
title_fullStr Exceptions to the duty to notify the seller of a non-conformity of the delivered goods in international sales law
title_full_unstemmed Exceptions to the duty to notify the seller of a non-conformity of the delivered goods in international sales law
title_short Exceptions to the duty to notify the seller of a non-conformity of the delivered goods in international sales law
title_sort exceptions to the duty to notify the seller of a non conformity of the delivered goods in international sales law
topic international sale of goods
conformity of the goods
notification duty
CISG
url http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791202339F.pdf
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