CISG CASE PRESENTATION

Canada 14 March 2011 Queen’s Bench for Saskatchewan (Houweling Nurseries Oxnard, Inc. v Saskatoon Boiler Mfg. Co. Ltd.) (Boiler case)
[Cite as: http://cisgw3.law.pace.edu/cases/110314c4.html]

Primary source(s) of information for case presentation: Case text

Case Table of Contents

Case identification
Classification of issues present
Editorial remarks
Citations to case abstracts, texts, and commentaries

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Case identification

DATE OF DECISION: 20110314 (14 March 2011)

JURISDICTION: Canada

TRIBUNAL: Queen’s Bench for Saskatchewan

JUDGE(S): R.S. Smith J.

CASE NUMBER/DOCKET NUMBER: Q.B. No. 113 of 2003

CASE NAME: Houweling Nurseries Oxnard, Inc. v Saskatoon Boiler Mfg. Co. Ltd

CASE HISTORY: 1st instance

SELLER'S COUNTRY: Canada (defendant)

BUYER'S COUNTRY: United States (plaintiff)

GOODS INVOLVED: Boilers

Classification of issues present

APPLICATION OF CISG: No. The court held that because the contract between the parties did not expressly exclude the applicability of the local sale of goods act, the implied warranties contained therein were to be read into the contract. The court made no mention as to why the CISG would not likewise be applicable to the dispute.

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 6

Classification of issues using UNCITRAL classification code numbers:

6A [Exclusion or modification of Convention by contract: autonomy of parties]

Descriptors: Unavailable

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