UNCITRAL CLOUT Case 7

5 C 73/89 (1990)

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UNCITRAL CLOUT Case 7

Oldenburg in Holstein District Court
5 C 73/89 (1990)

RW

Facts

The contract between an Italian seller (plaintiff) and a German buyer (defendant) called for goods “to be delivered in July, August, and September + -.” In late September, the buyer refused to accept the seller’s first delivery. In early October, the buyer returned the seller’s invoice, claiming that the contract required batches of goods to be delivered in each of the three specified months and that the delivery period had now expired. The seller disputed the buyer’s interpretation of the contract and sued for full contract payment. The German district court ruled that both the United Nations Convention on Contracts for the International Sale of Goods and German domestic law applied to the case.

Rule of Law

Issue

Holding and Reasoning ()

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