Problems of Unifying Law on the Formation of Contracts for the International Sale of Goods

Abstract

In 1978, in completing the Draft Convention on Contracts for the International Sale of Goods, UNCITRAL provided for the marriage of two sets of rules that had lived separately for over four decades: rules on the formation of contract and rules on the obligations of parties to a contract. This significant step calls for explanation. Sale and formation of a contract of sale are closely related. In Continental codes the two appear as a unit. The situation is somewhat different in English law: The Sale of Goods Act 18931 includes only a few provisions dealing with the formation of the contract;2 in most respects formation of the contract has remained under the common law.