LAWG 101D2 Lecture Notes - Lecture 12: Meeting Of The Minds, United Nations Convention On Contracts For The International Sale Of Goods, Mirror Image
23 Jan 2018
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Les choses qui sont de l"essence du contrat, sont celles sans lesquelles ce contrat ne peut subsister . In both traditions: the objects of the exchange. In the cvl specifically: see provisions on nominate contracts (ccq1708 sale contract) and. or the judge. Misunderstandings no real agreements has been reached, even though the parties are not even aware of it. Ambiguity: there is no reasonable interpretation that prevails over the other. No consensus ad idem objective ambiguity on essential elements misunderstanding as too the object of the contract. Facts: the defendants agreed to buy from the plaintiff a load of cotton that was to arrive upon the ship peerless. There was confusion between two ships bearing the same name: the defendant"s believed to agree over the ship arriving in october, the plaintiff, over the ship arriving in december. The defendants refused to pay for the december load. Reasoning: there was no consensus ad idem, therefore no contract.
