Art. 68, sentence 3 CISG : According to Art. 68, sentence 3 CISG, Art. 68, sentence 2 CISG does not apply where the seller knew or ought to have known that the goods had been lost or damaged at the time of conclusion of the contract. In those cases, the risk remains with the seller. The buyer can exercise all remedies available in case of breach of contract (Art. 45 CISG). Questions

doi:10.4324/9780203945445-179

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ABSTRACT

According to Art. 68, sentence 3 CISG, Art. 68, sentence 2 CISG does not apply where the seller knew or ought to have known that the goods had been lost or damaged at the time of conclusion of the contract. In those cases, the risk remains with the seller. The buyer can exercise all remedies available in case of breach of contract (Art. 45 CISG).