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Legislative history of CISG article 25: Match-up with 1978 Draft to assess relevance of Secretariat Commentary
1978 Draft aticle 23
A breach committed by one of the parties is fundamental if it results in substantial detriment to the other party unless the party in breach did not foresee and had no reason to foresee such a result.
CISG article 25
A breach of contract committed by one results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result.
By virtue of the number of changes made to the text, reliance upon the Secretariat Commentary on 1978 Draft article 23 as an aid to interpretation of CISG article 25 appears questionable.
To examine 1978 Draft provisions in context, go to the full-text of the 1978 Draft || To examine CISG provisions in context, go to the full text of the CISG