Questions Q 49-10 a) What approach does the court take in the above case (C 49–5) with regard to the issue of non-conforming documents? b) According to this case, in which circumstances will non-conformity of documents result in a fundamental breach of contract? Q 49-11 How do the black letter rules compare with the analysis of the foregoing case law? 4. Late delivery In some circumstances, a late delivery, in itself, will constitute a fundamental breach of contract entitling a party to avoid. This is not to be confused with the requirements under Art. 49(1)(b) CISG, according to which, after the lapse of the Nachfrist under Art. 47 CISG, an otherwise non-fundamental non-delivery nevertheless entitles the buyer to avoid the contract. 49–6 : Corte di Appello di Milano (Italy), 20 March 1998, CISG-online 348

doi:10.4324/9780203945445-139

Chapter

Questions Q 49-10 a) What approach does the court take in the above case (C 49–5) with regard to the issue of non-conforming documents? b) According to this case, in which circumstances will non-conformity of documents result in a fundamental breach of contract? Q 49-11 How do the black letter rules compare with the analysis of the foregoing case law? 4. Late delivery In some circumstances, a late delivery, in itself, will constitute a fundamental breach of contract entitling a party to avoid. This is not to be confused with the requirements under Art. 49(1)(b) CISG, according to which, after the lapse of the Nachfrist under Art. 47 CISG, an otherwise non-fundamental non-delivery nevertheless entitles the buyer to avoid the contract. 49–6

Chapter

Questions Q 49-10 a) What approach does the court take in the above case (C 49–5) with regard to the issue of non-conforming documents? b) According to this case, in which circumstances will non-conformity of documents result in a fundamental breach of contract? Q 49-11 How do the black letter rules compare with the analysis of the foregoing case law? 4. Late delivery In some circumstances, a late delivery, in itself, will constitute a fundamental breach of contract entitling a party to avoid. This is not to be confused with the requirements under Art. 49(1)(b) CISG, according to which, after the lapse of the Nachfrist under Art. 47 CISG, an otherwise non-fundamental non-delivery nevertheless entitles the buyer to avoid the contract. 49–6

ABSTRACT

Q 49-11 How do the black letter rules compare with the analysis of the foregoing case law?

4. Late delivery In some circumstances, a late delivery, in itself, will constitute a fundamental breach of contract entitling a party to avoid. This is not to be confused with the requirements under Art. 49(1)(b) CISG, according to which, after the lapse of the Nachfrist under Art. 47 CISG, an otherwise non-fundamental non-delivery nevertheless entitles the buyer to avoid the contract.