Select Cases by Article & Issues
 Article #  

  (1) The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract.

(2) Except where the parties have agreed otherwise, the goods do not conform with the contract unless they:

(a) are fit for the purposes for which the goods of the same description would ordinarily be used;

(b) are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgement;

(c) possess the qualities of the goods which the seller has held out to the buyer as a sample or a model;

(d) are contained or packaged in the manner usual for such goods or, where there is no such manner, in a manner adequate to preserve and protect the goods.

(3) The seller is not liable under sub-paragraph (a) to (d) of the preceding paragraph for any lack of conformity of the goods if at the time of the conclusion of the contract the buyer knew or could not have been unaware of such lack of conformity.


Issues       
# Cases
 1 Seller's obligation to deliver conforming goods
22
  1.1 According to contract
39
  1.2 According to Convention
5
   1.2.1 Fitness for ordinary use
31
   1.2.2 Fitness for particular purposes
15
  1.3 Conformity to sample or model
13
  1.4 Usual or adequate packaging
7
  1.5 Conformity to public or other law requirements in buyer's country
13
  1.6 Aliud pro alio
3
  1.7 Burden of proof
Country # Cases  
Arbitral Award 3  
Belgium 3  
France 1  
Germany 3  
Italy 1  
Netherlands 1  
Switzerland 5  
USA 3  
Date Court
21.06.2002 U.S. Court of Appeals, Fourth Circuit
23.05.2005 U.S. Court of Appeals (7th Circuit)
17.06.2010 U.S. District Court, Minnesota
20
 2 Buyer's knowledge of lack of conformity
5
 3 Relation to domestic law
  3.1 Remedy based on mistake as to quality of goods
2
  3.2 Remedy based on innocent misrepresentation as to quality of goods
Total: 128


all cases related to this article