MBE Rules · Contracts
CISG
CISG (awareness)
The rule
International sales between parties in contracting states default to the CISG, which enforces contracts without consideration for modification, has no statute of frauds or parol evidence rule, and rejects the mailbox rule.
In plain English
The CISG, or the United Nations Convention on Contracts for the International Sale of Goods, governs international sales contracts between parties from different countries that are signatories. It simplifies the enforcement of contracts by eliminating the need for consideration for modifications, does not require written contracts, and allows for acceptance to be effective upon reaching the offeror, rather than when sent.
Worked example
Alice, a seller in France, and Bob, a buyer in Germany, enter into a contract for the sale of 100 widgets. They agree to modify the contract to include delivery by a specific date without any additional consideration. When Bob later claims the widgets were not delivered on time, the CISG allows Alice to enforce the modified contract without needing written proof, resulting in a ruling in Alice's favor.
Memory hook
CISG: Contracts without borders, no consideration needed!
The trap
Exams may include fact patterns that imply the need for consideration or written agreements, which can mislead students into applying domestic contract rules instead of the CISG. Students should be cautious not to assume traditional contract principles apply.
How examiners test it
Questions often present scenarios involving international sales and may ask about the enforceability of modifications or the implications of delivery terms under the CISG, testing students' understanding of its unique provisions.
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