‘within as short a period as is practicable in the circumstances’. The requirement of ‘reasonable time’ otherwise prevalent in the CISG was omitted from the examination requirement under Art. 38 CISG due to perceived problems with perishable goods. The CISG also says nothing on the requirement of how the goods are to be examined; the requirement under ULIS that the method of examination be governed by the law of the place where the examination was to take place was omitted. With regard to the duty to give notice of defects, the leading participants in the prepar-ation of ULIS were from the Germanic systems outlined above that recognise a strict notice requirement in their domestic laws. Due to the greater diversity in the legal systems represented during the preparation of the CISG at UNCITRAL, above all, the presence of a number of developing countries, this strict notice requirement was modified to the ‘milder’ form currently found in Art. 39 CISG. Consequently, a compromise was reached in this respect. The requirement of ‘prompt’ notice under Art. 39 ULIS was amended to ‘within a reasonable time’, to be determined by reference to the circumstances of the individual case. Under Art. 44 CISG, the notice requirements of Art. 39(1) CISG will not prevent the buyer from claiming a reduction in the price or damages, except for lost profit, if it has a reasonable excuse for its failure to give such notice (see discussion on Art. 44 below). Examination of the goods 38/9-1

DOI link for ‘within as short a period as is practicable in the circumstances’. The requirement of ‘reasonable time’ otherwise prevalent in the CISG was omitted from the examination requirement under Art. 38 CISG due to perceived problems with perishable goods. The CISG also says nothing on the requirement of how the goods are to be examined; the requirement under ULIS that the method of examination be governed by the law of the place where the examination was to take place was omitted. With regard to the duty to give notice of defects, the leading participants in the prepar-ation of ULIS were from the Germanic systems outlined above that recognise a strict notice requirement in their domestic laws. Due to the greater diversity in the legal systems represented during the preparation of the CISG at UNCITRAL, above all, the presence of a number of developing countries, this strict notice requirement was modified to the ‘milder’ form currently found in Art. 39 CISG. Consequently, a compromise was reached in this respect. The requirement of ‘prompt’ notice under Art. 39 ULIS was amended to ‘within a reasonable time’, to be determined by reference to the circumstances of the individual case. Under Art. 44 CISG, the notice requirements of Art. 39(1) CISG will not prevent the buyer from claiming a reduction in the price or damages, except for lost profit, if it has a reasonable excuse for its failure to give such notice (see discussion on Art. 44 below). Examination of the goods 38/9-1

‘within as short a period as is practicable in the circumstances’. The requirement of ‘reasonable time’ otherwise prevalent in the CISG was omitted from the examination requirement under Art. 38 CISG due to perceived problems with perishable goods. The CISG also says nothing on the requirement of how the goods are to be examined; the requirement under ULIS that the method of examination be governed by the law of the place where the examination was to take place was omitted. With regard to the duty to give notice of defects, the leading participants in the prepar-ation of ULIS were from the Germanic systems outlined above that recognise a strict notice requirement in their domestic laws. Due to the greater diversity in the legal systems represented during the preparation of the CISG at UNCITRAL, above all, the presence of a number of developing countries, this strict notice requirement was modified to the ‘milder’ form currently found in Art. 39 CISG. Consequently, a compromise was reached in this respect. The requirement of ‘prompt’ notice under Art. 39 ULIS was amended to ‘within a reasonable time’, to be determined by reference to the circumstances of the individual case. Under Art. 44 CISG, the notice requirements of Art. 39(1) CISG will not prevent the buyer from claiming a reduction in the price or damages, except for lost profit, if it has a reasonable excuse for its failure to give such notice (see discussion on Art. 44 below). Examination of the goods 38/9-1