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Cengage Advantage Books: Business Law Today, The Essentials 11th Edition by Roger LeRoy Miller
Edition 11ISBN: 978-1305574793Cengage Advantage Books: Business Law Today, The Essentials 11th Edition by Roger LeRoy Miller
Edition 11ISBN: 978-1305574793 Exercise 1
The Statute of Frauds and International Sales Contracts
The Convention on Contracts for the International Sale of Goods (CISG) provides rules that govern international sales contracts between citizens of countries that have ratified the convention (agreement). Article 11 of the CISG does not incorporate any Statute of Frauds provisions. Rather, it states that a "contract for sale need not be concluded in or evidenced by writing and is not subject to any other requirements as to form."
Article 11 accords with the legal customs of most nations, which no longer require contracts to meet certain formal or writing requirements to be enforceable. Ironically, even England, the nation that enacted the original Statute of Frauds in 1677, has repealed all of it except the provisions relating to collateral promises and to transfers of interests in land. Many other countries that once had such statutes have also repealed all or parts of them. Civil law countries, such as France, have never required certain types of contracts to be in writing. Obviously, without a writing requirement, contracts can take on any form.
Critical Thinking
If a country does not have a Statute of Frauds and a dispute arises over an oral agreement, how can the parties substantiate their positions
The Convention on Contracts for the International Sale of Goods (CISG) provides rules that govern international sales contracts between citizens of countries that have ratified the convention (agreement). Article 11 of the CISG does not incorporate any Statute of Frauds provisions. Rather, it states that a "contract for sale need not be concluded in or evidenced by writing and is not subject to any other requirements as to form."
Article 11 accords with the legal customs of most nations, which no longer require contracts to meet certain formal or writing requirements to be enforceable. Ironically, even England, the nation that enacted the original Statute of Frauds in 1677, has repealed all of it except the provisions relating to collateral promises and to transfers of interests in land. Many other countries that once had such statutes have also repealed all or parts of them. Civil law countries, such as France, have never required certain types of contracts to be in writing. Obviously, without a writing requirement, contracts can take on any form.
Critical Thinking
If a country does not have a Statute of Frauds and a dispute arises over an oral agreement, how can the parties substantiate their positions
Explanation
Verified
Verified
The statute of frauds claims that any co...
Cengage Advantage Books: Business Law Today, The Essentials 11th Edition by Roger LeRoy Miller
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