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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 83
Retention of Other Remedies Notwithstanding

318. Even though a buyer may have lost the right to declare the contract avoided or to require the seller to deliver substitute goods, all other remedies under the contract and the Convention are retained nonetheless.[1] In particular, the buyer retains the right to claim damages for breach;[2] in the case of non-conforming goods, the buyer may instead advance a claim for a proportionate reduction in price.[3]

1. Article 83.
2. Regarding Articles 74 et seq., see supra No. 288 et seq.
3. See Article 50, supra No. 231.
[page 170]


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