n Latin American Report - Remedies for defective performance in South African contract law and the Vienna Convention for the International Sale of Goods (CISG)




This study focuses on a comparison of remedies for defective performance found in South African Law and the Convention for the International Sale of Goods (CISG). Contract law appears to be changing due to the impact and effects of globalisation. However, South African (SA) laws seem to be lagging behind, or appear to be limited and focused on domestic laws with little or no influence from international trade laws. The CISG promotes laws that are free from set legal systems or legal families that could hinder trade between buyers and sellers internationally. The aim of this paper is to explore changes that have occurred in international trade law remedies and look at how they can best be implemented to help improve the remedies in South African contract law. Specifically, the objectives of the paper are as follows:

  • Identify remedies that are offered in the CISG and those that are offered under SA law of contract.
  • Compare and contrast the remedies between CISG and SA law of contract and focus on the limitations in which SA law secularises itself.
  • Evaluate the outcome, focusing on where the two converge and diverge.
  • Last but not least, prescribe solutions or recommendations on how adopting the CISG legal instrument can help SA improve on the quantity, quality and texture of remedies it offers to its consumers.


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