A, a New York firm, sends a purchase order to B in Sweden. A standard clause on the purchase order states that "All disputes are to be heard in the courts of New York." B confirms using its standard form, which states that "all disputes are to be resolved in arbitration before the ICC, Sweden."Under the CISG: a. A contract exists on A's terms because B's terms were a material alteration and do not become a part of the contract. b. A contract exists because A did not promptly object to the new terms. c. A contract exists on B's terms because the modification is immaterial. d. No contract exists because B's terms were a counteroffer that was not accepted by a

Question

A, a New York firm, sends a purchase order to B in Sweden. A standard clause on the purchase order states that "All disputes are to be heard in the courts of New York." B confirms using its standard form, which states that "all disputes are to be resolved in arbitration before the ICC, Sweden."Under the CISG: a. A contract exists on A's terms because B's terms were a material alteration and do not become a part of the contract. b. A contract exists because A did not promptly object to the new terms. c. A contract exists on B's terms because the modification is immaterial. d. No contract exists because B's terms were a counteroffer that was not accepted by a

Answer 1

a. A contract exists on A's terms because B's terms were a material alteration and do not become a part of the contract.Under the United Nations Convention on Contracts for the International Sale of Goods (CISG), a contract is formed when there is a mutual agreement between the parties. In this case, A's purchase order and B's confirmation of its standard form both contain standard clauses regarding dispute resolution. Since the clauses are standard and not a material alteration, they do not become a part of the contract. Therefore, the contract exists on A's terms.

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