) Buyer continues to have translations of manuals done for cover sales without ﬁrst inquiring whether the manuals already existed in that for-eign language. Q 77-4 a) To which extent will the aggrieved party’s damages be reduced if it fails to comply with Art. 77 CISG? Cf. C 77-3 as well as Art. 74, sentence 2 CISG. b) Compare the answer to a) with the domestic law provisions set out above. Do they provide for a similar solution? c) Is Art. 77 CISG a defence to be considered ex oﬃcio by the court, or is it an aﬃrmative defence? Q 77-5 Can the party who incurred expenses in order to comply with Art. 77 CISG be compensated for these? Cf. also Art. 88(3) CISG. On which provision(s) would the creditor base its calculation?

doi:10.4324/9780203945445-213

Chapter

) Buyer continues to have translations of manuals done for cover sales without ﬁrst inquiring whether the manuals already existed in that for-eign language. Q 77-4 a) To which extent will the aggrieved party’s damages be reduced if it fails to comply with Art. 77 CISG? Cf. C 77-3 as well as Art. 74, sentence 2 CISG. b) Compare the answer to a) with the domestic law provisions set out above. Do they provide for a similar solution? c) Is Art. 77 CISG a defence to be considered ex oﬃcio by the court, or is it an aﬃrmative defence? Q 77-5 Can the party who incurred expenses in order to comply with Art. 77 CISG be compensated for these? Cf. also Art. 88(3) CISG. On which provision(s) would the creditor base its calculation?

Chapter

) Buyer continues to have translations of manuals done for cover sales without ﬁrst inquiring whether the manuals already existed in that for-eign language. Q 77-4 a) To which extent will the aggrieved party’s damages be reduced if it fails to comply with Art. 77 CISG? Cf. C 77-3 as well as Art. 74, sentence 2 CISG. b) Compare the answer to a) with the domestic law provisions set out above. Do they provide for a similar solution? c) Is Art. 77 CISG a defence to be considered ex oﬃcio by the court, or is it an aﬃrmative defence? Q 77-5 Can the party who incurred expenses in order to comply with Art. 77 CISG be compensated for these? Cf. also Art. 88(3) CISG. On which provision(s) would the creditor base its calculation?

ABSTRACT

If a party fails to pay the price or any other sum that is in arrears, the other party is entitled to interest on it, without prejudice to any claim for damages recoverable under article 74.

Art. 78 CISG states the duty to pay interest on a sum which is due. It is supplemented by Art. 84 CISG, which applies in cases where the contract has been avoided and obligates the seller to pay interest on the purchase price to be refunded.