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Questions Q 70-1 What is the principle established in Art. 70 CISG? Q 70-2 a) To which categories of the seller’s breach of contract does Art. 70 CISG refer? b) Consider the remedies available to the buyer in case of fundamental breach of contract. Which of them actually affect the question of passing of risk, and which of them are independent from passing of risk? It might help to first recapitulate what ‘passing of risk from seller to buyer’ means. Q 70-3 a) Who bears the risk of damage to or loss of the goods where the seller’s breach is not sufficiently serious to justify avoidance of the contract? b) What are the consequences? Q 70-4 Does an accidental loss deprive the buyer of the right to claim damages or to a proportional price reduction? Q 70-5 What might be the difficulties in avoiding the contract if the non-conforming goods that would have allowed for an avoidance of the contract have perished? Cf. thereto Art. 82(2)(a) CISG. Q 70-6 Decide whether the seller can claim the purchase price in the following situations: a) Late delivery of the goods which amounts to a fundamental breach of contract, and the goods are lost before having made delivery. b) Late delivery of the goods which amounts to a fundamental breach of contract, and the goods are lost after having made delivery. c) Non-delivery of the goods which does not amount to a fundamental breach of contract, and the goods are lost during the additional period of time the buyer had fixed in accordance with Art. 47(1) CISG. d) Seller delivers 200 tons of decomposed tomatoes (= fundamental breach). Over night, the warehouse is struck by lightning and the tomato boxes and the tomatoes are destroyed. e) Seller delivers a defective machine (= fundamental breach), and the buyer leaves the machine outdoors where it is entirely destroyed after a storm. f) Seller delivers truck with defective brake system which finally destroys the whole truck. g) Seller delivers 100 tons of nuts. Delivery is made too early (Art. 52(1)), but accepted by buyer. Though stored in a firm warehouse, the nuts are eaten by forest animals over night.
DOI link for Questions Q 70-1 What is the principle established in Art. 70 CISG? Q 70-2 a) To which categories of the seller’s breach of contract does Art. 70 CISG refer? b) Consider the remedies available to the buyer in case of fundamental breach of contract. Which of them actually affect the question of passing of risk, and which of them are independent from passing of risk? It might help to first recapitulate what ‘passing of risk from seller to buyer’ means. Q 70-3 a) Who bears the risk of damage to or loss of the goods where the seller’s breach is not sufficiently serious to justify avoidance of the contract? b) What are the consequences? Q 70-4 Does an accidental loss deprive the buyer of the right to claim damages or to a proportional price reduction? Q 70-5 What might be the difficulties in avoiding the contract if the non-conforming goods that would have allowed for an avoidance of the contract have perished? Cf. thereto Art. 82(2)(a) CISG. Q 70-6 Decide whether the seller can claim the purchase price in the following situations: a) Late delivery of the goods which amounts to a fundamental breach of contract, and the goods are lost before having made delivery. b) Late delivery of the goods which amounts to a fundamental breach of contract, and the goods are lost after having made delivery. c) Non-delivery of the goods which does not amount to a fundamental breach of contract, and the goods are lost during the additional period of time the buyer had fixed in accordance with Art. 47(1) CISG. d) Seller delivers 200 tons of decomposed tomatoes (= fundamental breach). Over night, the warehouse is struck by lightning and the tomato boxes and the tomatoes are destroyed. e) Seller delivers a defective machine (= fundamental breach), and the buyer leaves the machine outdoors where it is entirely destroyed after a storm. f) Seller delivers truck with defective brake system which finally destroys the whole truck. g) Seller delivers 100 tons of nuts. Delivery is made too early (Art. 52(1)), but accepted by buyer. Though stored in a firm warehouse, the nuts are eaten by forest animals over night.
Questions Q 70-1 What is the principle established in Art. 70 CISG? Q 70-2 a) To which categories of the seller’s breach of contract does Art. 70 CISG refer? b) Consider the remedies available to the buyer in case of fundamental breach of contract. Which of them actually affect the question of passing of risk, and which of them are independent from passing of risk? It might help to first recapitulate what ‘passing of risk from seller to buyer’ means. Q 70-3 a) Who bears the risk of damage to or loss of the goods where the seller’s breach is not sufficiently serious to justify avoidance of the contract? b) What are the consequences? Q 70-4 Does an accidental loss deprive the buyer of the right to claim damages or to a proportional price reduction? Q 70-5 What might be the difficulties in avoiding the contract if the non-conforming goods that would have allowed for an avoidance of the contract have perished? Cf. thereto Art. 82(2)(a) CISG. Q 70-6 Decide whether the seller can claim the purchase price in the following situations: a) Late delivery of the goods which amounts to a fundamental breach of contract, and the goods are lost before having made delivery. b) Late delivery of the goods which amounts to a fundamental breach of contract, and the goods are lost after having made delivery. c) Non-delivery of the goods which does not amount to a fundamental breach of contract, and the goods are lost during the additional period of time the buyer had fixed in accordance with Art. 47(1) CISG. d) Seller delivers 200 tons of decomposed tomatoes (= fundamental breach). Over night, the warehouse is struck by lightning and the tomato boxes and the tomatoes are destroyed. e) Seller delivers a defective machine (= fundamental breach), and the buyer leaves the machine outdoors where it is entirely destroyed after a storm. f) Seller delivers truck with defective brake system which finally destroys the whole truck. g) Seller delivers 100 tons of nuts. Delivery is made too early (Art. 52(1)), but accepted by buyer. Though stored in a firm warehouse, the nuts are eaten by forest animals over night.
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