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Published in J. Herbots editor / R. Blanpain general editor, International Encyclopaedia of Laws - Contracts, Suppl. 29 (December 2000) 1-192. Reproduced with permission of the publisher Kluwer Law International, The Hague.

[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).]

excerpt from

The 1980 United Nations Convention on Contracts
for the International Sale of Goods

Joseph Lookofsky

Article 52

M. Delivery Before the Date Fixed

234. The seller must deliver the goods as required by the contract.[l] If the contract provides that the goods must be delivered on a fixed date or within a given period, delivery at an earlier date would, without more, constitute a breach. In this situation, Article 52(1) provides that the buyer may take delivery or refuse to take delivery. Assuming, however, that the breach is not fundamental,[2] a buyer who refuses delivery will have to accept re-delivery when made at the proper time. [page 127]

1. Article 30, supra No. 148.
2. Regarding Article 49(1)(a), see supra No. 225.

N. Delivery of Excess Quantity

235. The buyer is not obligated to accept (or pay) for more than what he has agreed to accept. If the seller delivers more than that which is provided for in the contract, the buyer may refuse to take delivery of the excess quantity;[1] however, if the buyer takes delivery of all or part of the excess quantity, he must pay for it at the contract rate.[2]

1. In certain circumstances, e.g. where the contract and the excess quantity are shipped under a single negotiable bill of lading, the non-comforming tender of delivery may constitute a fundamental breach: see Honnold, Uniform Law (1999) at p. 348 [available at <http://www.cisg.law.pace.edu/cisg/biblio/honnold.html>].
2. Article 52(2).
[page 128]


Pace Law School Institute of International Commercial Law - Last updated April 5, 2005
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