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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 80
Non-Performance Caused by Other Party

8. Non-Performance Caused by Other Party

308. Article 80 sets forth a simple and hardly controversial rule: for clearly, one party may not rely on a failure of the other party to perform to the extent that such failure was caused by the first party's own act or omission. [page 166]

Judging by its placement in Section 4, it seems that Article 80 was intended to serve as an adjunct to the exemptions rule in Article 79, hereunder Article 79(5).[1] For example, a buyer who himself 'frustrates' performance by the seller can neither demand specific performance nor avoid. Then again, Article 80 was hardly needed to reach such an obviously reasonable result.[2]

1. See supra, No. 307.
2. See generally Honnold, Uniform Law (1999) pp. 496-500 [available at <http://www.cisg.law.pace.edu/cisg/biblio/honnold.html>].
[page 167]

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