GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer.
International Sale of Goods Contracts Convention Act — I-20.4
An offer, even if it is irrevocable, is terminated when a rejection reaches the offeror.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. An acceptance is not effective if the indication of assent does not reach the offeror within the time he has fixed or, if no time is fixed, within a reasonable time, due account being taken of the circumstances of the transaction, including the rapidity of the means of communication employed by the offeror. An oral offer must be accepted immediately unless the circumstances indicate otherwise.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) However, if, by virtue of the offer or as a result of practices which the parties have established between themselves or of usage, the offeree may indicate assent by performing an act, such as one relating to the dispatch of the goods or payment of the price, without notice to the offeror, the acceptance is effective at the moment the act is performed, provided that the act is performed within the period of time laid down in the preceding paragraph.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) A reply to an offer which purports to be an acceptance but contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter-offer.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) However, a reply to an offer which purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance, unless the offeror, without undue delay, objects orally to the discrepancy or dispatches a notice to that effect. If he does not so object, the terms of the contract are the terms of the offer with the modifications contained in the acceptance.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) Additional or different terms relating, among other things, to the price, payment, quality and quantity of the goods, place and time of delivery, extent of one party’s liability to the other or the settlement of disputes are considered to alter the terms of the offer materially.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) A period of time for acceptance fixed by the offeror in a telegram or a letter begins to run from the moment the telegram is handed in for dispatch or from the date shown on the letter or, if no such date is shown, from the date shown on the envelope. A period of time for acceptance fixed by the offeror by telephone, telex or other means of instantaneous communication, begins to run from the moment that the offer reaches the offeree.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) Official holidays or non-business days occurring during the period for acceptance are included in calculating the period. However, if a notice of acceptance cannot be delivered at the address of the offeror on the last day of the period because that day falls on an official holiday or a non-business day at the place of business of the offeror, the period is extended until the first business day which follows.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) A late acceptance is nevertheless effective as an acceptance if without delay the offeror orally so informs the offeree or dispatches a notice to that effect.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If a letter or other writing containing a late acceptance shows that it has been sent in such circumstances that if its transmission had been normal it would have reached the offeror in due time, the late acceptance is effective as an acceptance unless, without delay, the offeror orally informs the offeree that he considers his offer as having lapsed or dispatches a notice to that effect.
International Sale of Goods Contracts Convention Act — I-20.4
An acceptance may be withdrawn if the withdrawal reaches the offeror before or at the same time as the acceptance would have become effective.
International Sale of Goods Contracts Convention Act — I-20.4
A contract is concluded at the moment when an acceptance of an offer becomes effective in accordance with the provisions of this Convention.
International Sale of Goods Contracts Convention Act — I-20.4
For the purposes of this Part of the Convention, an offer, declaration of acceptance or any other indication of intention “reaches” the addressee when it is made orally to him or delivered by any other means to him personally, to his place of business or mailing address or, if he does not have a place of business or mailing address, to his habitual residence.
International Sale of Goods Contracts Convention Act — I-20.4
A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result.
International Sale of Goods Contracts Convention Act — I-20.4
A declaration of avoidance of the contract is effective only if made by notice to the other party.
International Sale of Goods Contracts Convention Act — I-20.4
Unless otherwise expressly provided in this Part of the Convention, if any notice, request or other communication is given or made by a party in accordance with this Part and by means appropriate in the circumstances, a delay or error in the transmission of the communication or its failure to arrive does not deprive that party of the right to rely on the communication.
International Sale of Goods Contracts Convention Act — I-20.4
If, in accordance with the provisions of this Convention, one party is entitled to require performance of any obligation by the other party, a court is not bound to enter a judgement for specific performance unless the court would do so under its own law in respect of similar contracts of sale not governed by this Convention.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) A contract may be modified or terminated by the mere agreement of the parties.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) A contract in writing which contains a provision requiring any modification or termination by agreement to be in writing may not be otherwise modified or terminated by agreement. However, a party may be precluded by his conduct from asserting such a provision to the extent that the other party has relied on that conduct.
International Sale of Goods Contracts Convention Act — I-20.4
The seller must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contract and this Convention.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
If the seller is not bound to deliver the goods at any other particular place, his obligation to deliver consists: (a) if the contract of sale involves carriage of the goods — in handing the goods over to the first carrier for transmission to the buyer; (b) if, in cases not within the preceding subparagraph, the contract relates to specific goods, or unidentified goods to be drawn from a specific stock or to be manufactured or produced, and at the time of the conclusion of the contract the parties knew that the goods were at, or were to be manufactured or produced at, a particular place — in placing the goods at the buyer’s disposal at that place; (c) in other cases — in placing the goods at the buyer’s disposal at the place where the seller had his place of business at the time of the conclusion of the contract.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) if the contract of sale involves carriage of the goods — in handing the goods over to the first carrier for transmission to the buyer;
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) if, in cases not within the preceding subparagraph, the contract relates to specific goods, or unidentified goods to be drawn from a specific stock or to be manufactured or produced, and at the time of the conclusion of the contract the parties knew that the goods were at, or were to be manufactured or produced at, a particular place — in placing the goods at the buyer’s disposal at that place;
International Sale of Goods Contracts Convention Act — I-20.4 (c)
(c) in other cases — in placing the goods at the buyer’s disposal at the place where the seller had his place of business at the time of the conclusion of the contract.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If the seller, in accordance with the contract or this Convention, hands the goods over to a carrier and if the goods are not clearly identified to the contract by markings on the goods, by shipping documents or otherwise, the seller must give the buyer notice of the consignment specifying the goods.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If the seller is bound to arrange for carriage of the goods, he must make such contracts as are necessary for carriage to the place fixed by means of transportation appropriate in the circumstances and according to the usual terms for such transportation.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) If the seller is not bound to effect insurance in respect of the carriage of the goods, he must, at the buyer’s request, provide him with all available information necessary to enable him to effect such insurance.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
The seller must deliver the goods: (a) if a date is fixed by or determinable from the contract, on that date; (b) if a period of time is fixed by or determinable from the contract, at any time within that period unless circumstances indicate that the buyer is to choose a date; or (c) in any other case, within a reasonable time after the conclusion of the contract.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) if a date is fixed by or determinable from the contract, on that date;
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) if a period of time is fixed by or determinable from the contract, at any time within that period unless circumstances indicate that the buyer is to choose a date; or
International Sale of Goods Contracts Convention Act — I-20.4 (c)
(c) in any other case, within a reasonable time after the conclusion of the contract.
International Sale of Goods Contracts Convention Act — I-20.4
If the seller is bound to hand over documents relating to the goods, he must hand them over at the time and place and in the form required by the contract. If the seller has handed over documents before that time, he may, up to that time, cure any lack of conformity in the documents, if the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. However, the buyer retains any right to claim damages as provided for in this Convention.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) Except where the parties have agreed otherwise, the goods do not conform with the contract unless they: (a) are fit for the purposes for which goods of the same description would ordinarily be used; (b) are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller’s skill and judgement; (c) possess the qualities of goods which the seller has held out to the buyer as a sample or model; (d) are contained or packaged in the manner usual for such goods or, where there is no such manner, in a manner adequate to preserve and protect the goods.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) are fit for the purposes for which goods of the same description would ordinarily be used;
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller’s skill and judgement;
International Sale of Goods Contracts Convention Act — I-20.4 (c)
(c) possess the qualities of goods which the seller has held out to the buyer as a sample or model;
International Sale of Goods Contracts Convention Act — I-20.4 (d)
(d) are contained or packaged in the manner usual for such goods or, where there is no such manner, in a manner adequate to preserve and protect the goods.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) The seller is not liable under subparagraphs (a) to (d) of the preceding paragraph for any lack of conformity of the goods if at the time of the conclusion of the contract the buyer knew or could not have been unaware of such lack of conformity.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) The seller is liable in accordance with the contract and this Convention for any lack of conformity which exists at the time when the risk passes to the buyer, even though the lack of conformity becomes apparent only after that time.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) The seller is also liable for any lack of conformity which occurs after the time indicated in the preceding paragraph and which is due to a breach of any of his obligations, including a breach of any guarantee that for a period of time the goods will remain fit for their ordinary purpose or for some particular purpose or will retain specified qualities or characteristics.
International Sale of Goods Contracts Convention Act — I-20.4
If the seller has delivered goods before the date for delivery, he may, up to that date, deliver any missing part or make up any deficiency in the quantity of the goods delivered, or deliver goods in replacement of any non-conforming goods delivered or remedy any lack of conformity in the goods delivered, provided that the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. However, the buyer retains any right to claim damages as provided for in this Convention.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) If the goods are redirected in transit or redispatched by the buyer without a reasonable opportunity for examination by him and at the time of the conclusion of the contract the seller knew or ought to have known of the possibility of such redirection or redispatch, examination may be deferred until after the goods have arrived at the new destination.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) In any event, the buyer loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof at the latest within a period of two years from the date on which the goods were actually handed over to the buyer, unless this time-limit is inconsistent with a contractual period of guarantee.
International Sale of Goods Contracts Convention Act — I-20.4
The seller is not entitled to rely on the provisions of articles 38 and 39 if the lack of conformity relates to facts of which he knew or could not have been unaware and which he did not disclose to the buyer.
International Sale of Goods Contracts Convention Act — I-20.4
The seller must deliver goods which are free from any right or claim of a third party, unless the buyer agreed to take the goods subject to that right or claim. However, if such right or claim is based on industrial property or other intellectual property, the seller’s obligation is governed by article 42.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) The seller must deliver goods which are free from any right or claim of a third party based on industrial property or other intellectual property, of which at the time of the conclusion of the contract the seller knew or could not have been unaware, provided that the right or claim is based on industrial property or other intellectual property: (a) under the law of the State where the goods will be resold or otherwise used, if it was contemplated by the parties at the time of the conclusion of the contract that the goods would be resold or otherwise used in that State; or (b) in any other case, under the law of the State where the buyer has his place of business.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) under the law of the State where the goods will be resold or otherwise used, if it was contemplated by the parties at the time of the conclusion of the contract that the goods would be resold or otherwise used in that State; or
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) in any other case, under the law of the State where the buyer has his place of business.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) The obligation of the seller under the preceding paragraph does not extend to cases where: (a) at the time of the conclusion of the contract the buyer knew or could not have been unaware of the right or claim; or (b) the right or claim results from the seller’s compliance with technical drawings, designs, formulae or other such specifications furnished by the buyer.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) at the time of the conclusion of the contract the buyer knew or could not have been unaware of the right or claim; or
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) the right or claim results from the seller’s compliance with technical drawings, designs, formulae or other such specifications furnished by the buyer.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) The buyer loses the right to rely on the provisions of article 41 or article 42 if he does not give notice to the seller specifying the nature of the right or claim of the third party within a reasonable time after he has become aware or ought to have become aware of the right or claim.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) The seller is not entitled to rely on the provisions of the preceding paragraph if he knew of the right or claim of the third party and the nature of it.
International Sale of Goods Contracts Convention Act — I-20.4
Notwithstanding the provisions of paragraph (1) of article 39 and paragraph (1) of article 43, the buyer may reduce the price in accordance with article 50 or claim damages, except for loss of profit, if he has a reasonable excuse for his failure to give the required notice.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If the seller fails to perform any of his obligations under the contract or this Convention, the buyer may: (a) exercise the rights provided in articles 46 to 52; (b) claim damages as provided in articles 74 to 77.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) exercise the rights provided in articles 46 to 52;
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) claim damages as provided in articles 74 to 77.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) The buyer is not deprived of any right he may have to claim damages by exercising his right to other remedies.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) No period of grace may be granted to the seller by a court or arbitral tribunal when the buyer resorts to a remedy for breach of contract.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) The buyer may require performance by the seller of his obligations unless the buyer has resorted to a remedy which is inconsistent with this requirement.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If the goods do not conform with the contract, the buyer may require delivery of substitute goods only if the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conjunction with notice given under article 39 or within a reasonable time thereafter.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) If the goods do not conform with the contract, the buyer may require the seller to remedy the lack of conformity by repair, unless this is unreasonable having regard to all the circumstances. A request for repair must be made either in conjunction with notice given under article 39 or within a reasonable time thereafter.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) The buyer may fix an additional period of time of reasonable length for performance by the seller of his obligations.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) Unless the buyer has received notice from the seller that he will not perform within the period so fixed, the buyer may not, during that period, resort to any remedy for breach of contract. However, the buyer is not deprived thereby of any right he may have to claim damages for delay in performance.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) Subject to article 49, the seller may, even after the date for delivery, remedy at his own expense any failure to perform his obligations, if he can do so without unreasonable delay and without causing the buyer unreasonable inconvenience or uncertainty of reimbursement by the seller of expenses advanced by the buyer. However, the buyer retains any right to claim damages as provided for in this Convention.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If the seller requests the buyer to make known whether he will accept performance and the buyer does not comply with the request within a reasonable time, the seller may perform within the time indicated in his request. The buyer may not, during that period of time, resort to any remedy which is inconsistent with performance by the seller.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) A notice by the seller that he will perform within a specified period of time is assumed to include a request, under the preceding paragraph, that the buyer make known his decision.
International Sale of Goods Contracts Convention Act — I-20.4 (4)
(4) A request or notice by the seller under paragraph (2) or (3) of this article is not effective unless received by the buyer.