Q 85-6 Under Art. 85 CISG, does it matter who is the owner of the goods? Q 85-7 Which factors set the benchmark for the adequacy of measures that the seller must take in order to preserve the goods? Q 85-8 If the goods, of which the buyer does not take delivery, are defective and the seller cures the defect in order to be able to resell them, can it claim reimbursement of those costs where a) the goods were defective when the seller tendered them to the buyer? b) they became defective after having been tendered? Q 85-9 a) Could the seller base its claim for compensation for preservation and storage costs on another provision instead of Art. 85, sentence 2 CISG? b) Art. 85, sentence 2 CISG is not superfluous; rather, it deprives the buyer of the possibility to rely on certain excuses. Which ones? Q 85-10 a) How can the buyer avoid a further increase in the preservation and storage costs for the goods? b) The majority holds that seller’s right to retention under Art. 85, sentence 2 CISG should extinguish where the buyer provides reasonable security. Can you remember another provision of the CISG which allows for the issuance of adequate assurance in order to prevent the seller from taking steps which will burden the buyer?

DOI link for Q 85-6 Under Art. 85 CISG, does it matter who is the owner of the goods? Q 85-7 Which factors set the benchmark for the adequacy of measures that the seller must take in order to preserve the goods? Q 85-8 If the goods, of which the buyer does not take delivery, are defective and the seller cures the defect in order to be able to resell them, can it claim reimbursement of those costs where a) the goods were defective when the seller tendered them to the buyer? b) they became defective after having been tendered? Q 85-9 a) Could the seller base its claim for compensation for preservation and storage costs on another provision instead of Art. 85, sentence 2 CISG? b) Art. 85, sentence 2 CISG is not superfluous; rather, it deprives the buyer of the possibility to rely on certain excuses. Which ones? Q 85-10 a) How can the buyer avoid a further increase in the preservation and storage costs for the goods? b) The majority holds that seller’s right to retention under Art. 85, sentence 2 CISG should extinguish where the buyer provides reasonable security. Can you remember another provision of the CISG which allows for the issuance of adequate assurance in order to prevent the seller from taking steps which will burden the buyer?

Q 85-6 Under Art. 85 CISG, does it matter who is the owner of the goods? Q 85-7 Which factors set the benchmark for the adequacy of measures that the seller must take in order to preserve the goods? Q 85-8 If the goods, of which the buyer does not take delivery, are defective and the seller cures the defect in order to be able to resell them, can it claim reimbursement of those costs where a) the goods were defective when the seller tendered them to the buyer? b) they became defective after having been tendered? Q 85-9 a) Could the seller base its claim for compensation for preservation and storage costs on another provision instead of Art. 85, sentence 2 CISG? b) Art. 85, sentence 2 CISG is not superfluous; rather, it deprives the buyer of the possibility to rely on certain excuses. Which ones? Q 85-10 a) How can the buyer avoid a further increase in the preservation and storage costs for the goods? b) The majority holds that seller’s right to retention under Art. 85, sentence 2 CISG should extinguish where the buyer provides reasonable security. Can you remember another provision of the CISG which allows for the issuance of adequate assurance in order to prevent the seller from taking steps which will burden the buyer?