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fundamental breach. Here, a distinction needs to be drawn between a ‘non-fundamental’ lack of conformity, which merely gives rise to a claim for damages or a reduction of the purchase price, and a fundamental lack of conformity, which entitles the non-breaching party to declare the contract avoided. If the lack of conformity frustrates the buyer’s expectations under the contract, it will depend on the specific circumstances as to whether the breach will be regarded as fundamental. The interaction between the provisions of Art. 35 CISG and Art. 49(1)(a) CISG has long been the source of great debate in the courts. 49-1
DOI link for fundamental breach. Here, a distinction needs to be drawn between a ‘non-fundamental’ lack of conformity, which merely gives rise to a claim for damages or a reduction of the purchase price, and a fundamental lack of conformity, which entitles the non-breaching party to declare the contract avoided. If the lack of conformity frustrates the buyer’s expectations under the contract, it will depend on the specific circumstances as to whether the breach will be regarded as fundamental. The interaction between the provisions of Art. 35 CISG and Art. 49(1)(a) CISG has long been the source of great debate in the courts. 49-1
fundamental breach. Here, a distinction needs to be drawn between a ‘non-fundamental’ lack of conformity, which merely gives rise to a claim for damages or a reduction of the purchase price, and a fundamental lack of conformity, which entitles the non-breaching party to declare the contract avoided. If the lack of conformity frustrates the buyer’s expectations under the contract, it will depend on the specific circumstances as to whether the breach will be regarded as fundamental. The interaction between the provisions of Art. 35 CISG and Art. 49(1)(a) CISG has long been the source of great debate in the courts. 49-1
ABSTRACT
Q 49-2 What circumstances of the above case (C 49-1) did the court consider and how did it treat them when dealing with fundamental breach?
Q 49-3 a) What must the buyer demonstrate in order to be ‘substantially deprived
of what he was entitled to expect under the contract’? b) What consequences does this have?
