Domestic laws An express, independent duty to examine is found very rarely in domestic legal systems. However, diﬃculties in interpretation arise due to diﬀering domestic concepts of notice requirements. In most countries, there is no duty to give notice at all; in those countries that do recognise such a duty, the position is aptly summarised in the following CISG-Advisory Council Opinion. CISG-AC Opinion No. 2, Examination of the Goods and Notice of Non-Conformity: Articles 38 and 39

doi:10.4324/9780203945445-109

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Domestic laws An express, independent duty to examine is found very rarely in domestic legal systems. However, diﬃculties in interpretation arise due to diﬀering domestic concepts of notice requirements. In most countries, there is no duty to give notice at all; in those countries that do recognise such a duty, the position is aptly summarised in the following CISG-Advisory Council Opinion. CISG-AC Opinion No. 2, Examination of the Goods and Notice of Non-Conformity: Articles 38 and 39

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ABSTRACT

Under US law, the obligation is to give timely notice of a breach of contract.

§ 2-607(3) UCC: Where a tender has been accepted: (a) the buyer must within a reasonable time after he discovers or should have

discovered any breach notify the seller of breach or be barred from any remedy; [. . .]

§ 2-607(3) UCC 2003 Amended Version: If a tender has been accepted: (a) the buyer must within a reasonable time after the buyer discovers or should

have discovered any breach notify the seller, but failure to give timely notice bars the buyer from a remedy only to the extent that the seller is prejudiced by the failure; [. . .]

Question

Q 38/9-1 Explain the diﬀerences between the previous UCC provision and its 2003 amendments.