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ACCA Applied Skills · Corporate and Business Law (Global) · Obligations of the seller and buyer, and provisions common to both

Ibex Ltd contracts to sell goods to Jorvik Co under the CISG. The contract involves carriage but states no delivery date and no place beyond 'delivery to Jorvik'. Which statement about the seller's obligation as to the time of delivery is correct?

Ibex must deliver within a reasonable time after the contract is concluded. Under the CISG, where no date is fixed or determinable, reasonable time is the default rule. There is no fixed statutory number of days, and the seller cannot choose any date it wishes.

  1. AIbex must deliver within a reasonable time after the conclusion of the contractCorrect
  2. BIbex must deliver within 28 days of the contract being concluded
  3. CIbex may deliver whenever it chooses, as no time was agreed

Explanation

Article 33 CISG: where no date is fixed or determinable from the contract, the seller must deliver within a reasonable time after conclusion of the contract. The CISG sets no fixed 28-day period, and the seller has no unlimited discretion.

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