The Buyer's Remedies for Non-conforming Goods: Should There be Free Choice Or are Restrictions Necessary?
sellier. european law publ., 2005 - 265 lappuses
This study analyses the buyer's remedies for non-conforming goods under a sales contract under English, German, French and Scandinavian law. Moreover, the EC Consumer Sales Directive, the 1980 UN Convention on Contracts for the International Sale of Goods (CISG) and the Principles of European Contract Law (PECL) are included. The study examines the most controversial issues and problems involved in the establishment of an effective and fair remedial regime for non-conforming goods. Should there be a certain hierarchy of remedies, where some prevail over others? Who should be able to choose between the remedies, the buyer or the seller, and should there be a right for the seller to impose cure upon the buyer? Should certain remedies be restricted where the lack of conformity is not sufficiently serious? Another controversial issue is the question of whether, and if so, how the buyer should be obliged to notify the seller, and within which time limits he should be obliged to bring forward his claim.
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What is a remedy?
Differentiation through time limits
Distinction due to type of transaction
Damages as substitute
according actual amount appears apply approach argued attempt breach buyer calculation caused Chapter choice choose circumstances CISG Civil claim compensation concerning conclusion considered Consumer Sales Directive costs countries court cure damages deal decided defect delivered delivery demand draft duty England English entitled especially established example exception fact favourable Finally France fundamental further Furthermore Germany give hand immovable property important instance interesting International lack of conformity liability limited loss means minor Moreover nature non-conformity Nordic normally notice notify obligation obtain offer party PECL performance period possible practice prescription price reduction principle problems proposal provides purchase question reasonable reform regarded regime remedies repair and replacement repair or replacement requirements restriction result right to cure right to terminate rules seems seller situation solution specific standard starting taken terminate the contract tion unreasonable