Q 69-5 Analyse C 69-1: a) Where were the goods to be delivered? b) Had they been delivered? c) Why was the question of whether delivery had been made relevant in connection with the question of whether the risk had passed to the buyer? d) Who bore the burden of proof as to whether the risk had passed? Q 69-6 Indicate which section of Art. 69 CISG corresponds to § 2–509(3), § 2–510(3) UCC, § 446 BGB and § 2–509(2) UCC, respectively. Q 69-7 a) Is the requirement of Art. 69(3) CISG that the goods must be identiﬁed to the contract recognised by other legal systems? b) What is the signiﬁcance of such a requirement?

doi:10.4324/9780203945445-181

Chapter

Q 69-5 Analyse C 69-1: a) Where were the goods to be delivered? b) Had they been delivered? c) Why was the question of whether delivery had been made relevant in connection with the question of whether the risk had passed to the buyer? d) Who bore the burden of proof as to whether the risk had passed? Q 69-6 Indicate which section of Art. 69 CISG corresponds to § 2–509(3), § 2–510(3) UCC, § 446 BGB and § 2–509(2) UCC, respectively. Q 69-7 a) Is the requirement of Art. 69(3) CISG that the goods must be identiﬁed to the contract recognised by other legal systems? b) What is the signiﬁcance of such a requirement?

Chapter

Q 69-5 Analyse C 69-1: a) Where were the goods to be delivered? b) Had they been delivered? c) Why was the question of whether delivery had been made relevant in connection with the question of whether the risk had passed to the buyer? d) Who bore the burden of proof as to whether the risk had passed? Q 69-6 Indicate which section of Art. 69 CISG corresponds to § 2–509(3), § 2–510(3) UCC, § 446 BGB and § 2–509(2) UCC, respectively. Q 69-7 a) Is the requirement of Art. 69(3) CISG that the goods must be identiﬁed to the contract recognised by other legal systems? b) What is the signiﬁcance of such a requirement?

ABSTRACT

If the seller has committed a fundamental breach of contract, articles 67, 68 and 69 do not impair the remedies available to the buyer on account of the breach.

Art. 70 CISG regulates the interaction of the rules governing the passing of risk with the rules dealing with the buyer’s rights where the seller has committed a fundamental breach. Art. 70 CISG states the principle that the buyer’s remedies for fundamental breach of the contract prevail over the rules on the passing of risk. A similar rule was stated in Art. 97(2) ULIS. Though not expressly stated, Art. 70 CISG also refers to the case where the buyer has not received delivery within an additional period of time (Art. 49(1)(b) CISG).