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ACCA Applied Skills · Corporate and Business Law (Global) · Introduction to the UN Convention on Contracts for the International Sale of Goods and ICC Incoterms

Jorvik Ltd, in a Contracting State, sells a consignment of timber to Kestrel Ltd, in another Contracting State. The timber is defective and a Kestrel employee is injured by it. Kestrel wishes to rely on the CISG for the injury claim. Which statement is correct?

The CISG does not govern the seller's liability for death or personal injury caused by the goods. That matter is left to national law, so the injured employee's claim cannot be based on the Convention, whatever the buyer's status.

  1. AThe CISG governs the seller's liability for death or personal injury caused by the goods
  2. BThe CISG does not govern the seller's liability for death or personal injury caused by the goodsCorrect
  3. CThe CISG governs it only if the buyer is a company

Explanation

The CISG expressly does not apply to a seller's liability for death or personal injury caused by the goods. That is left to national law, such as product liability or tort. The buyer's corporate status does not change this.

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