GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
International Sale of Goods Contracts Convention Act — I-20.4 (4)
(4) The party who fails to perform must give notice to the other party of the impediment and its effect on his ability to perform. If the notice is not received by the other party within a reasonable time after the party who fails to perform knew or ought to have known of the impediment, he is liable for damages resulting from such non-receipt.
International Sale of Goods Contracts Convention Act — I-20.4 (5)
(5) Nothing in this article prevents either party from exercising any right other than to claim damages under this Convention.
International Sale of Goods Contracts Convention Act — I-20.4
A party may not rely on a failure of the other party to perform, to the extent that such failure was caused by the first party’s act or omission.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) Avoidance of the contract releases both parties from their obligations under it, subject to any damages which may be due. Avoidance does not affect any provision of the contract for the settlement of disputes or any other provision of the contract governing the rights and obligations of the parties consequent upon the avoidance of the contract.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) A party who has performed the contract either wholly or in part may claim restitution from the other party of whatever the first party has supplied or paid under the contract. If both parties are bound to make restitution, they must do so concurrently.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) The buyer loses the right to declare the contract avoided or to require the seller to deliver substitute goods if it is impossible for him to make restitution of the goods substantially in the condition in which he received them.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) The preceding paragraph does not apply: (a) if the impossibility of making restitution of the goods or of making restitution of the goods substantially in the condition in which the buyer received them is not due to his act or omission; (b) if the goods or part of the goods have perished or deteriorated as a result of the examination provided for in article 38; or (c) if the goods or part of the goods have been sold in the normal course of business or have been consumed or transformed by the buyer in the course of normal use before he discovered or ought to have discovered the lack of conformity.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) if the impossibility of making restitution of the goods or of making restitution of the goods substantially in the condition in which the buyer received them is not due to his act or omission;
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) if the goods or part of the goods have perished or deteriorated as a result of the examination provided for in article 38; or
International Sale of Goods Contracts Convention Act — I-20.4 (c)
(c) if the goods or part of the goods have been sold in the normal course of business or have been consumed or transformed by the buyer in the course of normal use before he discovered or ought to have discovered the lack of conformity.
International Sale of Goods Contracts Convention Act — I-20.4
A buyer who has lost the right to declare the contract avoided or to require the seller to deliver substitute goods in accordance with article 82 retains all other remedies under the contract and this Convention.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If the seller is bound to refund the price, he must also pay interest on it, from the date on which the price was paid.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) The buyer must account to the seller for all benefits which he has derived from the goods or part of them: (a) if he must make restitution of the goods or part of them; or (b) if it is impossible for him to make restitution of all or part of the goods or to make restitution of all or part of the goods substantially in the condition in which he received them, but he has nevertheless declared the contract avoided or required the seller to deliver substitute goods.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) if he must make restitution of the goods or part of them; or
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) if it is impossible for him to make restitution of all or part of the goods or to make restitution of all or part of the goods substantially in the condition in which he received them, but he has nevertheless declared the contract avoided or required the seller to deliver substitute goods.
International Sale of Goods Contracts Convention Act — I-20.4
If the buyer is in delay in taking delivery of the goods or, where payment of the price and delivery of the goods are to be made concurrently, if he fails to pay the price, and the seller is either in possession of the goods or otherwise able to control their disposition, the seller must take such steps as are reasonable in the circumstances to preserve them. He is entitled to retain them until he has been reimbursed his reasonable expenses by the buyer.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If the buyer has received the goods and intends to exercise any right under the contract or this Convention to reject them, he must take such steps to preserve them as are reasonable in the circumstances. He is entitled to retain them until he has been reimbursed his reasonable expenses by the seller.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller, provided that this can be done without payment of the price and without unreasonable inconvenience or unreasonable expense. This provision does not apply if the seller or a person authorized to take charge of the goods on his behalf is present at the destination. If the buyer takes possession of the goods under this paragraph, his rights and obligations are governed by the preceding paragraph.
International Sale of Goods Contracts Convention Act — I-20.4
A party who is bound to take steps to preserve the goods may deposit them in a warehouse of a third person at the expense of the other party provided that the expense incurred is not unreasonable.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) A party who is bound to preserve the goods in accordance with article 85 or 86 may sell them by any appropriate means if there has been an unreasonable delay by the other party in taking possession of the goods or in taking them back or in paying the price or the cost of preservation, provided that reasonable notice of the intention to sell has been given to the other party.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If the goods are subject to rapid deterioration or their preservation would involve unreasonable expense, a party who is bound to preserve the goods in accordance with article 85 or 86 must take reasonable measures to sell them. To the extent possible he must give notice to the other party of his intention to sell.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) A party selling the goods has the right to retain out of the proceeds of sale an amount equal to the reasonable expenses of preserving the goods and of selling them. He must account to the other party for the balance.
International Sale of Goods Contracts Convention Act — I-20.4
The Secretary-General of the United Nations is hereby designated as the depositary for this Convention.
International Sale of Goods Contracts Convention Act — I-20.4
This Convention does not prevail over any international agreement which has already been or may be entered into and which contains provisions concerning the matters governed by this Convention, provided that the parties have their places of business in States parties to such agreement.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) This Convention is open for signature at the concluding meeting of the United Nations Conference on Contracts for the International Sale of Goods and will remain open for signature by all States at the Headquarters of the United Nations, New York until 30 September 1981.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) This Convention is subject to ratification, acceptance or approval by the signatory States.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) This Convention is open for accession by all States which are not signatory States as from the date it is open for signature.
International Sale of Goods Contracts Convention Act — I-20.4 (4)
(4) Instruments of ratification, acceptance, approval and accession are to be deposited with the Secretary-General of the United Nations.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) A Contracting State may declare at the time of signature, ratification, acceptance, approval or accession that it will not be bound by Part II of this Convention or that it will not be bound by Part III of this Convention.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) A Contracting State which makes a declaration in accordance with the preceding paragraph in respect of Part II or Part III of this Convention is not to be considered a Contracting State within paragraph (1) of article 1 of this Convention in respect of matters governed by the Part to which the declaration applies.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If a Contracting State has two or more territorial units in which, according to its constitution, different systems of law are applicable in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification, acceptance, approval or accession, declare that this Convention is to extend to all its territorial units or only to one or more of them, and may amend its declaration by submitting another declaration at any time.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) These declarations are to be notified to the depositary and are to state expressly the territorial units to which the Convention extends.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) If, by virtue of a declaration under this article, this Convention extends to one or more but not all of the territorial units of a Contracting State, and if the place of business of a party is located in that State, this place of business, for the purposes of this Convention, is considered not to be in a Contracting State, unless it is in a territorial unit to which the Convention extends.
International Sale of Goods Contracts Convention Act — I-20.4 (4)
(4) If a Contracting State makes no declaration under paragraph (1) of this article, the Convention is to extend to all territorial units of that State.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) Two or more Contracting States which have the same or closely related legal rules on matters governed by this Convention may at any time declare that the Convention is not to apply to contracts of sale or to their formation where the parties have their places of business in those States. Such declarations may be made jointly or by reciprocal unilateral declarations.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) A Contracting State which has the same or closely related legal rules on matters governed by this Convention as one or more non-Contracting States may at any time declare that the Convention is not to apply to contracts of sale or to their formation where the parties have their places of business in those States.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) If a State which is the object of a declaration under the preceding paragraph subsequently becomes a Contracting State, the declaration made will, as from the date on which the Convention enters into force in respect of the new Contracting State, have the effect of a declaration made under paragraph (1), provided that the new Contracting State joins in such declaration or makes a reciprocal unilateral declaration.
International Sale of Goods Contracts Convention Act — I-20.4
Any State may declare at the time of the deposit of its instrument of ratification, acceptance, approval or accession that it will not be bound by subparagraph (1)(b) of article 1 of this Convention.
International Sale of Goods Contracts Convention Act — I-20.4
A Contracting State whose legislation requires contracts of sale to be concluded in or evidenced by writing may at any time make a declaration in accordance with article 12 that any provision of article 11, article 29, or Part II of this Convention, that allows a contract of sale or its modification or termination by agreement or any offer, acceptance, or other indication of intention to be made in any form other than in writing, does not apply where any party has his place of business in that State.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) Declarations made under this Convention at the time of signature are subject to confirmation upon ratification, acceptance or approval.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) Declarations and confirmations of declarations are to be in writing and be formally notified to the depositary.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) A declaration takes effect simultaneously with the entry into force of this Convention in respect of the State concerned. However, a declaration of which the depositary receives formal notification after such entry into force takes effect on the first day of the month following the expiration of six months after the date of its receipt by the depositary. Reciprocal unilateral declarations under article 94 take effect on the first day of the month following the expiration of six months after the receipt of the latest declaration by the depositary.
International Sale of Goods Contracts Convention Act — I-20.4 (4)
(4) Any State which makes a declaration under this Convention may withdraw it at any time by a formal notification in writing addressed to the depositary. Such withdrawal is to take effect on the first day of the month following the expiration of six months after the date of the receipt of the notification by the depositary.
International Sale of Goods Contracts Convention Act — I-20.4 (5)
(5) A withdrawal of a declaration made under article 94 renders inoperative, as from the date on which the withdrawal takes effect, any reciprocal declaration made by another State under that article.
International Sale of Goods Contracts Convention Act — I-20.4
No reservations are permitted except those expressly authorized in this Convention.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) This Convention enters into force, subject to the provisions of paragraph (6) of this article, on the first day of the month following the expiration of twelve months after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, including an instrument which contains a declaration made under article 92.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) When a State ratifies, accepts, approves or accedes to this Convention after the deposit of the tenth instrument of ratification, acceptance, approval or accession, this Convention, with the exception of the Part excluded, enters into force in respect of that State, subject to the provisions of paragraph (6) of this article, on the first day of the month following the expiration of twelve months after the date of the deposit of its instrument of ratification, acceptance, approval or accession.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) A State which ratifies, accepts, approves or accedes to this Convention and is a party to either or both the Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods done at The Hague on 1 July 1964 (1964 Hague Formation Convention) and the Convention relating to a Uniform Law on the International Sale of Goods done at The Hague on 1 July 1964 (1964 Hague Sales Convention) shall at the same time denounce, as the case may be, either or both the 1964 Hague Sales Convention and the 1964 Hague Formation Convention by notifying the Government of the Netherlands to that effect.
International Sale of Goods Contracts Convention Act — I-20.4 (4)
(4) A State party to the 1964 Hague Sales Convention which ratifies, accepts, approves or accedes to the present Convention and declares or has declared under article 92 that it will not be bound by Part II of this Convention shall at the time of ratification, acceptance, approval or accession denounce the 1964 Hague Sales Convention by notifying the Government of the Netherlands to that effect.
International Sale of Goods Contracts Convention Act — I-20.4 (5)
(5) A State party to the 1964 Hague Formation Convention which ratifies, accepts, approves or accedes to the present Convention and declares or has declared under article 92 that it will not be bound by Part III of this Convention shall at the time of ratification, acceptance, approval or accession denounce the 1964 Hague Formation Convention by notifying the Government of the Netherlands to that effect.
International Sale of Goods Contracts Convention Act — I-20.4 (6)
(6) For the purpose of this article, ratifications, acceptances, approvals and accessions in respect of this Convention by States parties to the 1964 Hague Formation Convention or to the 1964 Hague Sales Convention shall not be effective until such denunciations as may be required on the part of those States in respect of the latter two Conventions have themselves become effective. The depositary of this Convention shall consult with the Government of the Netherlands, as the depositary of the 1964 Conventions, so as to ensure necessary co-ordination in this respect.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) This Convention applies to the formation of a contract only when the proposal for concluding the contract is made on or after the date when the Convention enters into force in respect of the Contracting States referred to in subparagraph (1)(a) or the Contracting State referred to in subparagraph (1)(b) of article 1.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) This Convention applies only to contracts concluded on or after the date when the Convention enters into force in respect of the Contracting States referred to in subparagraph (1)(a) or the Contracting State referred to in subparagraph (1)(b) of article 1.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) A Contracting State may denounce this Convention, or Part II or Part III of the Convention, by a formal notification in writing addressed to the depositary.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary.
International Sale of Goods Contracts Convention Act — I-20.4
DONE at Vienna, this day of eleventh day of April, one thousand nine hundred and eighty, in a single original, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic.
International Sale of Goods Contracts Convention Act — I-20.4
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized by their respective Governments, have signed this Convention.
International Transfer of Offenders Act — I-20.6
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
International Transfer of Offenders Act — I-20.6 1
Short title 1 This Act may be cited as the International Transfer of Offenders Act .
International Transfer of Offenders Act — I-20.6 2
Definitions 2 The following definitions apply in this Act. Canadian offender means a Canadian citizen within the meaning of the Citizenship Act who has been found guilty of an offence — and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in a foreign entity — and whose verdict and sentence may no longer be appealed. ( délinquant canadien ) criminal offence means an offence against an Act of Parliament. ( infraction criminelle ) foreign entity , other than in sections 31 and 32, means a foreign state — or a province, state or other political subdivision of a foreign state, a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a foreign state or a territory or other entity, including an international criminal tribunal — with which Canada has entered into a treaty on the transfer of offenders or an administrative arrangement referred to in section 31 or 32. ( entité étrangère ) foreign offender means a citizen or national of a foreign entity who has been found guilty of a criminal offence — and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in Canada — and whose verdict and sentence may no longer be appealed. ( délinquant étranger ) Minister means the Minister of Public Safety and Emergency Preparedness. ( ministre ) penitentiary has the same meaning as in subsection 2(1) of the Corrections and Conditional Release Act . ( pénitencier ) prison means a place of confinement other than a penitentiary. ( prison ) treaty includes an international agreement or convention, but does not include an administrative arrangement entered into under section 31 or 32. ( traité ) 2004, c. 21, s. 2; 2005, c. 10, s. 34
International Transfer of Offenders Act — I-20.6
Canadian offender means a Canadian citizen within the meaning of the Citizenship Act who has been found guilty of an offence — and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in a foreign entity — and whose verdict and sentence may no longer be appealed. ( délinquant canadien )
International Transfer of Offenders Act — I-20.6
criminal offence means an offence against an Act of Parliament. ( infraction criminelle )
International Transfer of Offenders Act — I-20.6
foreign entity , other than in sections 31 and 32, means a foreign state — or a province, state or other political subdivision of a foreign state, a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a foreign state or a territory or other entity, including an international criminal tribunal — with which Canada has entered into a treaty on the transfer of offenders or an administrative arrangement referred to in section 31 or 32. ( entité étrangère )
International Transfer of Offenders Act — I-20.6
foreign offender means a citizen or national of a foreign entity who has been found guilty of a criminal offence — and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in Canada — and whose verdict and sentence may no longer be appealed. ( délinquant étranger )
International Transfer of Offenders Act — I-20.6
Minister means the Minister of Public Safety and Emergency Preparedness. ( ministre )
International Transfer of Offenders Act — I-20.6
penitentiary has the same meaning as in subsection 2(1) of the Corrections and Conditional Release Act . ( pénitencier )