ABSTRACT

This chapter focuses on the borderline between the law of sales and the law of international conventions, which both belong to the fields of interest of Francis Reynolds. It is possible that courts of law will prefer to apply their own national law of contracts, with whose qualities they are well acquainted, rather than an international Convention with which they are less familiar and of whose qualities they may not be fully convinced. The UK has not ratified the United Nations Convention on Contracts for the International Sale of Goods adopted in Vienna 1980 (C.I.S.G.). The possible conflicts between C.I.S.G. and national law are of course much more numerous. The relationship between contract law and tort law figures prominently in the law of product liability. For a long time the various drafts of a Convention for international sales contained provisions regarding performance of the contract as a remedy for breach of contract.