[For more current case annotated texts by this author, see Bernstein & Lookofsky, Understanding the CISG in Europe, 2d ed. (2003) and Lookofsky, Understanding the CISG in the USA, 2d ed. (2004).]
K. Partial Non-Conformity and Remedies for Breach
232. Articles 46-50, discussed above, regulate the buyer's remedies for seller's breach, inter alia, the important rights to demand performance or to avoid the contract. Article 51 concerns the applicability of these provisions to certain situations where the seller performs, but only in part. According to paragraph (1) of Article 51:
In some respects, Article 51(1) sets forth a rule which would seem hardly necessary to (re)state. If, for example, a seller delivers two-thirds of the quantity agreed but fails to deliver one-third, the buyer's right to require performance under Article 46 would obviously apply only to the third not delivered; similar considerations would apply in the case of re-delivery or repair.
L. Avoidance: in Part or in Full
233. As regards avoidance, paragraph (1) of Article 51, represents an amplification of Article 49(1): the general rule for part-performance is avoidance in part. Against this background, paragraph (2) of Article 51 re-states the obvious: