Q 32-1
Which circumstances require a notice of dispatch?
If the goods are not clearly identifiable to the buyer.
Q 32-2
Compare Article 32(1) CISG with the notice and delivery provisions of the FOB, FCA and FAS clauses of INCOTERMS® (2020).
All clauses make notice a requirement in order for the seller to have fulfilled its obligations. The provisions generally correspond. However, FOB, FCA, and FAS additionally cover specifics of the delivery. Insofar, they also touch upon requirements under Article 33 and 34 CISG.
Q 32-3
What consequences does the giving of notice have for the passing of the risk in the goods? See also the discussion on Article 67(2) CISG below.
Giving notice that the goods have been delivered transfers the risk in the goods from the seller to the buyer.
Q 32-4
If the CISG does not purport to set obligations between a consignor and a consignee (see C 32-1 above), how would such a relationship usually be regulated?
In a separate contract regulating carriage of the goods, which may or may not be linked to the contract between the buyer and the seller.
Q 32-5
How did the court interpret ‘appropriate means of transportation’ in the above case (C 32-1)?
The seller may choose a means of transportation as appears appropriate in the specific circumstances and necessary for the general terms for such transportation.
