Legal, Ethical, and Social Issues

The major differences between the CISG and the UCC in regard to contract formation concern the following: 1) the mirror image rule; 2) irrevocable offers; 3) the Statute of Frauds; 4) the price term; and 5) the time of contract formation. Though the provisions of the CISG are similar to those of the UCC for the most part, in the event that the CISG and the UCC are in conflict, the CISG applies because it is a treaty of the national government and therefore is supreme (Clarkson, Miller, Jentz, & Cross, 2004). The most important difference between the two codes, therefore, is that the CISG is an international treaty which supercedes a domestic Commercial Code with respect to applicability.

This is the most important difference because much of the business that occurs today is genuinely regarded as global or transnational business. Very few companies of any size or substance do not do business internationally, either selling goods or raw materials or purchasing these items from abroad. There are some 61 countries that have either ratified, acceded to, or approved the CISG and therefore it applies in many international business dealings. Another difference between the two is that the CISG does not apply to consumer sales and neither of the two contractual guidelines or regulatory systems apply to contracts for services.

Clarkson, K.W., Miller, R.L., Jentz, G.A., & Cross, F.B.

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Category: Government - L