UNIDROIT Principles of International Commercial Contracts 2016 · CISG 1980

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Same Facts, Two InstrumentsOne sales contract answered by the Vienna Convention and by the Principles. Where the Convention is silent the Principles answer — if the case chooses to read article 7(2) that way. Battle of Forms: What Survives?Two printed forms that disagree. What they share is the contract; what differs knocks itself out; a surprising term is for the tribunal. Limitation: Dates and EffectsThe period begins on the day after. What an acknowledgement restarts, what arbitration suspends, and what expiry does not do until it is asserted. Defects of ConsentA mistake can be lost to the mistaken party's own negligence; fraud cannot. The derivation names the rule that was defeated and the one that defeated it. AssignmentA non-assignment clause does not stop a claim for money. Then: whom must the debtor pay, before and after notice?

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