Document Type
Article
Publication Date
10-2024
Journal Title
Business Lawyer
ISSN
0007-6899
Abstract
Extract:
Under CISG Article 1(a), the CISG "applies to contracts of sale of goods between parties whose places of business are in different States . . . when the States are Contracting States." Brands International Corp. v. Reach Companies, LLC involved a contract between a Canadian hand sanitizer manufacturer and a Minnesota company that distributed various types of consumer goods. After delivery of several lots of hand sanitizer, the Minnesota purchaser failed to pay the outstanding invoices, and the manufacturer brought suit in Minnesota federal court. Although the manufacturer asserted applicability of the CISG, the Minnesota purchaser argued that the CISG should apply because it "constitute[ed] an impermissible new theory of liability at the summary judgment stage." The court disagreed, holding instead that the CISG was applicable: "[t]he CISG applies to international sales contracts between parties that are in signatory [countries] unless the parties unambiguously disclaim the CISG's applicability."s The court, noting that both the United States and Canada were CISG signatories and further noting that there was no evidence of any express disclaimer of the CISG's applicability, held that the CISG governed the contract dispute.' The court rejected the "impermissible new theory" argument, concluding that the CISG was not a new theory of liability but "merely identifies the applicable law governing this dispute."
First Page
1297
Last Page
1308
Num Pages
12
Volume Number
79
Issue Number
4
Publisher
American Bar Association
Recommended Citation
Wayne R. Barnes,
CISG,
79
Bus. Law.
1297
(2024).
Available at:
https://scholarship.law.tamu.edu/facscholar/2188
