ABSTRACT
CONTROLS states that its failure to install the control system on time was due both to the plane crash and RELIABLE’s inability to assign a second installation team to SUPERB’s contract.86 CONTROLS argues that as a result of both of these factors, it is exempt under Art 79 CISG from paying damages to SUPERB. Whilst the plane crash, in the circumstances, constituted an impediment within the meaning of Art 79, RELIABLE’s difficulties in organising a second installation team were not an impediment. To be exempt under Art 79, it is necessary to establish that the impediment was the sole reason for the breach of contract.
