Replacement of non-conforming goods 'free of charge': is there a need to differentiate between B2B and B2C sales contracts?

Autor: Atamer, Yeşim M
Předmět:
Zdroj: Uniform Law Review; Mar2020, Vol. 25 Issue 1, p67-91, 25p
Abstrakt: The buyer's right to request replacement of any non-conforming goods is today a standard remedy in many jurisdictions. This development was also influenced by the widespread effect of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Council Directive (EC) 1999/44 on consumer sales, which both grant the buyer a right to replacement. However, some questions related to the requirement that replacement has to be 'free of charge' continue to be disputed under both legal systems, as well as under the newly introduced Council Directive (EC) 2019/22 on consumer sales. This article intends to discuss how the term 'free of charge' is being interpreted in business-to-business as well as in business-to-consumer sales contracts and whether there is any need to differentiate between the two types of sales contracts. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index