Impact of Art. 9 on the interpretation of non-CISG provisions
Beyond its actual sphere of application, Art. 9 CISG has occasionally been used as guidance by courts when interpreting provisions of domestic or international law. Some examples are listed below.
Tri-Star Customs and Forwarding v. Denning
Court of Appeal of New Zealand
New Zealand, 02 July 1998 – 1 NZLR 33, CISG-online 2453
Court of Appeal of New Zealand
New Zealand, 02 July 1998 – 1 NZLR 33, CISG-online 2453
Reference made to the wording of Art. 9(2) CISG ("knew or ought to have known") in interpreting the (narrower) term “known” in section 6 of New Zealand´s Contractual Mistakes Act 1977
