Uniform Interpretation: Notice of Nonconformity

Authors

  • Francesco G Mazzotta

DOI:

https://doi.org/10.5195/jlc.2020.184

Abstract

This Article is about uniform interpretation as it pertains to the nonconformity notices under CISG Article 39.1 Article 39, which is one of the most heavily-litigated provisions of the CISG, provides in relevant part:2 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.

I will focus chiefly on two aspects of Article 39(1): (1) what constitutes a “reasonable time” within which buyers must notify sellers of a “lack of conformity” and (2) what level of specification is required to establish “the nature of the lack of conformity.”

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Published

2020-12-17

How to Cite

Mazzotta, F. G. (2020). Uniform Interpretation: Notice of Nonconformity. Journal of Law and Commerce, 38(1). https://doi.org/10.5195/jlc.2020.184

Issue

Vol. 38

Section

Articles

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