My OperaThe puppy was bought. The puppy was delivered. A few days later the puppy died.
Thursday, July 3, 2008 3:43:47 PM
See page 84 in the booklet Overview of International CISG Sales Law.
When the buyer wants to declare the contract avoided, he must not fail to observe his obligation according to article 49 (2) letter b) to let the seller know. The buyer must notify the seller within a reasonable time «after he knew or ought to have known of the breach». This is called a specified notice, because the seller has to be informed that the buyer declares the contract avoided.
According to article 39 (1), it is sufficient for the buyer simply to specify the nature of the lack of conformity. This notice must be given «within a reasonable time», and according to article 49 (2), letter b) it has to be followed by another message also «within a reasonable time» where the buyer declares the contract avoided.
The following case is from Sanna Kuoppala in http://www.cisg.law.pace.edu/cisg/biblio/kuoppala.html
"Itä-Suomen Hovioikeus, S 98/174 (31.12.1998). Case involved a sale of a young puppy. The puppy had been delivered on 10 July 1997. It had died on 14 July 1997. The buyer had notified of the puppy's condition, i.e. that the puppy had been sick since the delivery while it was still alive, and of the preliminary examination results of the illness the day after the puppy had died. The court held that the buyer had notified the seller of the defect as required by Paragraph 32 of the FSGA."
When the buyer wants to declare the contract avoided, he must not fail to observe his obligation according to article 49 (2) letter b) to let the seller know. The buyer must notify the seller within a reasonable time «after he knew or ought to have known of the breach». This is called a specified notice, because the seller has to be informed that the buyer declares the contract avoided.
According to article 39 (1), it is sufficient for the buyer simply to specify the nature of the lack of conformity. This notice must be given «within a reasonable time», and according to article 49 (2), letter b) it has to be followed by another message also «within a reasonable time» where the buyer declares the contract avoided.
The following case is from Sanna Kuoppala in http://www.cisg.law.pace.edu/cisg/biblio/kuoppala.html
"Itä-Suomen Hovioikeus, S 98/174 (31.12.1998). Case involved a sale of a young puppy. The puppy had been delivered on 10 July 1997. It had died on 14 July 1997. The buyer had notified of the puppy's condition, i.e. that the puppy had been sick since the delivery while it was still alive, and of the preliminary examination results of the illness the day after the puppy had died. The court held that the buyer had notified the seller of the defect as required by Paragraph 32 of the FSGA."
