Q 52-1
Under which provision of the CISG could the buyer have a duty to take possession of the goods notwithstanding its right to refuse to take delivery under Article 52(1) and (2) CISG?
Under Article 86(2) CISG if the goods have been placed at the buyer’s disposal at their destination and this does not cause unreasonable inconvenience or expense for the buyer.
Q 52-2
If the buyer accepts the seller’s early delivery, is it thereby excluded from making any further claims due thereto? If not, what sort of claims could it assert?
The buyer may, for example, claim damages for additional storage costs.
Q 52-3
(a) Upon what basis was the buyer unable to reject the goods in the above case (C 52-1)?
(b) What other provision of the CISG could the court have relied upon regarding this issue?
(a) There was a contract clause allowing for a deviation of 10 per cent.
(b) Article 39 CISG, as the court stated that there was no adequate notice of non-conformity.
Q 52-4
What happens if the buyer does not reject the goods?
The buyer is deemed to have accepted the greater quantity of goods and has to pay the higher purchase price for the excess quantity at the contract rate.
Q 52-5
What happens if the buyer does reject the goods?
The buyer is not bound to pay the higher price. According to Article 86 CISG it is under a duty to preserve the goods as is reasonable in the circumstances.
