If a question arises over a trade usage, the CISG provides that:
A) no reference to trade usage is allowed by a court.
B) a court can look at those trade usages that the parties knew or ought to have known and are regularly used in the industry.
C) a court can look at those trade usages to which the parties agree to be bound.
D) both B and C.

Question

Quizplus · Accepted Answer

According to Article 9 of the CISG, if a question arises over a trade usage, a court can consider those trade usages that the parties knew or ought to have known and are regularly used in the industry. Additionally, if the parties have agreed to be bound by a certain trade usage, the court can consider that as well. Therefore, both option B and C are correct. Option A is incorrect as it goes against the provisions of Article 9.

If a Question Arises Over a Trade Usage, the CISG