International business transactions



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OUTLINE International Business Transactions
Specially Produced Goods

  • Art 3(1)  Contracts for the supply of goods to be manufactured or produced are to be considered sales unless the party who orders the goods undertakes to supply a substantial part of the materials necessary for such manufacture or production.

  • What does the term “materials” refer to?

    • does it include specifications and design?  See page 205. probably not

  • What does “substantial part” mean?

    • Probably means less than half, but how much less is unclear.

    • Plain English meaning of “substantial” is somewhere less than 50%. So buyer does not have to supply a majority of materials, just substantial part.

      • but do we measure subjectively or objectively? might it depend on the particular situation?

    • French language version might suggest test  uses term “une parte essentiale.” Thus if buyer provides the components essential to the manufacture of a product – regardless of their size or value – CISG would not apply.  page 178

    • Whether you measure based on essentiality (subjective) or value (objectively measurable, though can use either price or cost), title not issue.

    • Italian Supreme court said test for “substantial part” is whether materials provided were for an essential purpose or not?

  • Who is the party ordering the goods?


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