English Law and the Vienna Convention on Sale of Goods’ Contracts: Specific Performance as a Remedy
The United Nations Convention on Contracts for the International Sale of Goods (CISG), also known as the Vienna Convention, was formulated to institute a synchronisation among diverse law systems. On the other hand, the English law/ the Sale of Goods Act 1979 tends to overlook this approach since its principles focus on common law rules. Among the primary aspects of both laws is specific performance. Comparing their positions on using specific performance as a remedy for breach of the contract shows both similarities and differences.
Primarily, the English law rules on specific performance are more limiting than provisions under CSIG. Moreover, quantified circumstances limit specific performance with further suggestions that the reluctance to use the remedy in more circumstances has benefits. On the other hand, the Convention has recognised the remedy of specific performance as a right for the injured buyer.
Further exploration shows that English courts can grant ‘Specific Performance’ as remedy for Breach of Contract if specific conditions are observed; the goods must be specific or ascertained and part of a discretionary order. Additionally, the issue of inadequacy of damages and uniqueness under the English law is apparent from case examples. They include Whiteley Ltd v Hilt, Cohen v Roche, and Societe des Industries Metallurgiques SA v The Bronx Engineering Co Ltd.
CISG provisions do not provide any favourability either, as depicted by its Article 28 and application examples. The drafting history of the law also depicts no prerequisite for availability of substitute goods test in the market, particularly that which allows the seller to claim the specific performance remedy.
The comparative assessment shows that both laws have imperfections. In English law, specific performance applies in remedying the buyer but lacks routine, while the overemphasis in CISG through increased provisions causes misperception and depicts multiple deficiencies.