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Scafom International BV v. Lorraine Tubes S.A.S.: a case review of changing circumstances under the United Nations Convention on International Sale of Goods (CISG) of 1980

Author

Listed:
  • Amalina Ahmad Tajudin

    (Universiti Sains Islam, Malaysia)

Abstract

This paper analyses the Belgium Supreme Court decision of Scafom International BV v. Lorraine Tubes S.A.S. The case involved a contract of sale of volatile goods ie steel tubes whereby a fixed-price contract caused it to be unenforceable because of the 70% market price increase just before the goods were delivered to the buyer. While the seller requested for renegotiation, for a higher contract price, the buyer refused to come to terms with the former. The court, by virtue of the United Nations sales law, held that renegotiation was the appropriate remedy in such a situation. In addition, the paper tests the different possible outcomes of this decision under the English Sale of Goods Act 1979, as well as the US Uniform Commercial Code. The finding of this test proves that these two sales laws would have tackled the issue of volatile market differently from that of the United Nations’.

Suggested Citation

  • Amalina Ahmad Tajudin, 2014. "Scafom International BV v. Lorraine Tubes S.A.S.: a case review of changing circumstances under the United Nations Convention on International Sale of Goods (CISG) of 1980," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 4(2), pages 212-225, December.
    • Handle: RePEc:asr:journl:v:4:y:2014:i:2:p:212-225
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    More about this item

    Keywords

    CISG; fluctuation; renegotiation; fixed-price.;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K - Law and Economics
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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