Question Q 50-5 a) What does this case (C 50–2) state as to the method to be used to calculate the reduction of the price under Art. 50 CISG? b) Is this solution workable in practice?

Art. 51 CISG grants the buyer the same rights relating to a portion of the goods that the seller has failed to deliver in conformity with the contract as it has under Arts 46-50 CISG. Art. 51(1) CISG sets out the general rule in this regard: apart from damages, all remedies of the buyer refer only to any part of the contract that lacks conformity or is not performed. In particular, where this is the case, the entire contract is not to be avoided; however, a ‘partial avoidance’ of the missing or non-conforming part is possible. The exception to this rule is contained in Art. 51(2) CISG, namely that entire avoidance of the contract is only possible where the ‘partial’ breach is such as to amount to a fundamental breach of the entire contract.