The Parol Evidence Rule and the CISG [1] - A Comparative Analysis

The ascendancy of international commercial laws in the form of conventions and model laws has changed the contractual landscape significantly and can be viewed as a sea change in contract law. A knowledge of international contract law has become imperative considering that through ratification the CISG has become part of our domestic law. Perry Eng P/L (Rec and Man appt'd) v Bernold AG [2] in a general sense illustrates this problem well. The facts are simple. An Australian buyer sued the Swiss manufacturer for supplying defective goods in the South Australian Supreme Court. A clause in the contact, in brief, stipulated that the laws of South Australia govern the contract