CNIDR Isearch-cgi 1.48 (File: 090326u1.html)

4B [Scope of Convention (issues covered): error or mistake; Scope of Convention (issues excluded): fraud, negligent misrepresentation, unjust enrichment];

7B1 [Materials for interpretation of Convention (international case law): court cites only various U.S. cases on the CISG; court cites Ohio law on issue of whether an express contract "eliminates any basis to assert an implied claim for unjust enrichment;" court repeats dictum that "caselaw interpreting and applying the CISG is sparse"];

8B ; 8C [Interpretation of party's statement or other conduct: interpretation based on objective standards: Interpretation in light of surrounding circumstances];

11A1 ; 11B [Formal requirements (writing of other formality for conclusion of contract): inapplicability of domestic law; Proof of contract by any means, including witnesses];

19A1 [Reply purporting to accept offer but containing additions or modifications: in general, constitutes rejection and counter-offer (quoting Article 19, the court states that "the CISG applies the common law concept of the mirror image")];

25B [Definition of fundamental breach];

29A [Parties by agreement may modify or terminate the contract];

35A ; 35B [Conformity of goods to contract: quality, quantity and description required by contract; Requirements implied by law];

39A2 [Requirement to notify seller of lack of conformity: buyer must notify seller within reasonable time];

49A [Buyer's right to avoid contract (grounds for avoidance): fundamental breach of contract]