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RE: License question - UN Convention on Contracts
- To: <liblicense-l@lists.yale.edu>
- Subject: RE: License question - UN Convention on Contracts
- From: Linda Hopkins <lin.hopkins@hotmail.com>
- Date: Thu, 3 Apr 2008 17:49:54 EDT
- Reply-to: liblicense-l@lists.yale.edu
- Sender: owner-liblicense-l@lists.yale.edu
I did a quick read of this Convention. In my opinion, it differs from American contract law in a how a contract is formed, how a contract is legally terminated, what damages are available for breach of a contract, etc. The most important difference from American contract law that I found was stated in the annotated text of Article 11, that: "A contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirement as to form. It may be proved by any means, including witnesses." This ability to form a contract without putting it in writing or using sales forms is different than the usual United States contract law. U.S. law equires certain sales over $500, for sale of land, or some other situations, to be in writing or be invalid (Statute of Frauds). In other words, it is much easier to form a contract under this Convention and it is useful to be know that you have to be clear with the other party if you wish to avoid forming a contract. Linda K. Hopkins Attorney at Law, Intelliware Int'l Law Firm 449 South Owasso Boulevard West, Roseville, MN 55113Phone: 651-481-0177; Email: lin.hopkins@hotmail.com
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