obstacles, such as destruction or deterioration of the goods, or accidental loss. It provides for a de minimis rule, pursuant to which insigniﬁcant changes in the condition of the goods are harmless. Such minor deﬁciencies must be compensated by way of damages. Art. 82(2) CISG 82-1 : Art. 82(2) CISG restricts the principle embodied in Art. 82(1) CISG signiﬁcantly. Art. 82(2)(a), (b) CISG provide for the seller to bear the risk of deterioration or loss of the goods due to breach of contract entirely. For example, where the goods cannot be restituted because of conﬁscation, which occurred due to the non-conformity of the goods, or where the buyer is not in possession of the goods because of the seller’s delivery

doi:10.4324/9780203945445-229

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obstacles, such as destruction or deterioration of the goods, or accidental loss. It provides for a de minimis rule, pursuant to which insigniﬁcant changes in the condition of the goods are harmless. Such minor deﬁciencies must be compensated by way of damages. Art. 82(2) CISG 82-1

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ABSTRACT

Art. 82(2) CISG restricts the principle embodied in Art. 82(1) CISG signiﬁcantly. Art. 82(2)(a), (b) CISG provide for the seller to bear the risk of deterioration or loss of the goods due to breach of contract entirely. For example, where the goods cannot be restituted because of conﬁscation, which occurred due to the non-conformity of the goods, or where the buyer is not in possession of the goods because of the seller’s delivery to the wrong place, the buyer maintains the right to declare the contract avoided.