Formation of International contract in the ( CISG ) under actical Essay

Formation of International contract in the ( CISG ) under actical 1224,8,9,11,29 - Essay Example It may be noted that a contract essentially contains two elements: Agreement and enforceability by law. An agreement is defined as 'every promise and every set of promises forming consideration for other.' This essentially means that there should be an offer and acceptance to form an agreement. It is important that before an agreement is finalized there should be a Consensus ad idem (Consensus to the matter) between the two parties. Both the contracting parties should 'say and mean the same' without which there cannot be a contract (Bharadwaj). The other element of contract, enforceability by law, emphasizes the importance of intention to create a legal obligation or duty to perform or abstain from performing certain act(s). These acts could relate to social or legal matters. The initial efforts to develop a uniform law of international sales began in 1930 under the auspices of the International Institute for the Unification of Private Law (UNIDROIT). UNIDROIT submitted two draft conventions: the Convention Relating to a Uniform Law on the International Sale of Goods (ULISG or ULIS) and the Convention Relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods (ULFC or ULF). ... Although both draft conventions were adopted at a 1964 Diplomatic Conference in The Hague, many states, including the United States, did not ratify them. Some of the criticisms expressed were that the provisions primarily reflected the legal traditions and economic realities of continental Western Europe (Germain). There is a distinction between a sale and an agreement to sell. This distinction between a sale and an agreement to sell can be summarized as follows: 1. A contract which contemplates transfer of title to goods to the buyer immediately is a sale while a contract which does not contemplate a transfer of title to goods immediately is an agreement to sell. 2. A contract of sale is an executed contract. It involves a contract plus a conveyance of the property. When the property is transferred, the rights and liabilities attached to the goods are also transferred. An agreement to sell, on the other hand, is an executor contract. The property in the goods does not pass until a certain time has lapsed or until a certain condition is fulfilled. 3. In an agreement to sell, the seller remains the owner of the property until it is actually transferred to the buyer at a future point of time. However, in a contract of sale, the buyer becomes the owner immediately and all the risks attached to the goods are passed on to him irrespective of the fact whether the goods are delivered to him or not and whether the price is paid or not. 4. In an agreement to sell, the seller agrees to sell the goods for a price and the buyer agrees to buy the goods for a price. In a contract of sale, the seller sells the goods to the buyer for a price. 5. The consequences of a breach of an agreement to sell is as follows: a. In case the buyer defaults, the seller may sue for

Civil and Environmental Engineering Essay Example | Topics and Well Written Essays - 2000 words

Civil and Environmental Engineering - Essay Example This is trend going to be more so in the future and civil engineers need to know how to deal with this issue (Seracino, 2006). Apparently, the trend is familiar in the modern world as can be seen in Dubai. Dubai, one of the most popular emirates of the United Arabs Emirates has set the trend where buildings are not built to only serve a technical function, but are also a cultural statement (McCuen, Ezzell & Wong, 2011). This aspect of civil engineering has brought with it more challenges to the civil engineers who in the modern world have to execute civil engineering projects that are far more complex than the technical aspects. This trend might not disappear soon. As such, civil engineers in future will be required to be more creative and more resourceful in executing their projects. Civil engineering is going to take a new turn where it will have a more social and cultural aspect. Architects are forever coming up with more complex designs which the civil engineers will have to impl ement and that are becoming a challenge. Modern civil engineers also have to be able to look at the ways they have to control the budget. As a matter of facts, numerous issues make the modern civil engineer to be good financial manager. To begin with, as Fellin (2004) modern customers are more aware of the cost of construction and are likely to offer fewer funds than it was in the early years. When a modern civil engineer gets a project, whether from the government, a firm or an individual, they are likely to get more resistance when asking for the funding of the project. In this regard, the civil engineer must be a good negotiator in order to get things done Hansen and Zenobia (2011). He or she must be able to negotiate with the financiers of the project and must also be able to negotiate with other stakeholders in the industry. Where the civil engineer is involved in the procurement of materials and other resources such