Exam (elaborations)
LJU4804 ASSIGNMENT 02 - SEMESTER TWO -2022
- Institution
- University Of South Africa (Unisa)
THIS DOCUMENT CONTAINS SOLUTIONS FOR PRIVATE INTERNATIONAL LAW ASSIGNMENT 2 FOR SEMESTER 2- 2022 FOR PORTFOLIO WHATSAP
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LJU4804/ PRIVATEINTERNATIONAL LAW
ASSIGNMENT O2 – SEMESTER
TWO -2022
NAME :
STUDENT NUMBER:
MODULE CODE: LJU4804
SUBJECT: PRIVATE INTERNATIONAL LAW
ASSIGNMENT NUMBER: 02
SEMESTER: 02 / TWO
, DUE DATE: 16 AUGUST 2022
Question 1
CISG stands for Contracts for the International Sale of Goods a United Nations
Convention. It is responsible to govern the formation of contracts for the international
sale of movable, tangible objects as well as the rights and obligation of parties involved
but with different legal systems. There are 79 members of all legal traditions. South
Africa is not a member but it is bound to take cognizance of the contract involves a
member to the CISG1. Germany is a CISG and therefore South Africa is bound to the
Convention. However, before Germany was even a member was trading with other
members of the CISG would apply. Furthermore, there are articles in the CISG that
push South Africa to recognize the CISG. The interpretation of section 1(1)(b) it would
require a South African forum or courts to apply the CISG to international sales even
though South African is not a member 2. It is argued that it refers to a forum hence
applicable to eve non-members. Under article 6 a party in a transaction has autonomy
or may choose law applicable law and that means that South Africa should respect it.
Therefore, if German as a member insists on using the CISG then South Africa will be
bound to respect it.
Question 2.
Specific performance is an order of a court which requires a party to perform a specific
act according to the agreed contract terms instead of paying damages 3. Traditionally,
Common Law can only grant money damages. Specific performance is an equitable
remedy, which was granted when there was no Common Law’s remedy available.
Damages is defined as a monetary remedy or compensation for the loss caused by the
1
Wethmar-Lemmer “When could a South African court be expected to apply the United Nations
Convention on Contracts for the International Sale of Goods (CISG)?” 2008 De Jure 419.
2
Wethmar-Lemmer “When could a South African court be expected to apply the United Nations
Convention on Contracts for the International Sale of Goods (CISG)?” 2008 De Jure 419.
3
Private International law, department of Jurisprudence, 2013 University of South Africa All rights
reserved Printed and published by the University of South Africa Muckleneuk, Pretoria.
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