Matchup of CISG Article 25 with ULIS/ULF

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LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG article 25 with ULIS provisions


CISG Article 25

A breach of contract committed by one of the parties is fundamental if it 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.

  

ULIS Article 10

For the purposes of the present Law, a breach of contract shall be regarded as fundamental wherever the party in breach knew, or ought to have known, at the time of the conclusion of the contract, that a reasonable person in the same situation as the other party would not have entered in to the contract if he had foreseen the breach and its effects.

SEE ALSO:

ULIS Article 28.Failure to deliver the goods at the date fixed shall amount to a fundamental breach of contract whenever a price for such goods is quoted on a market where the buyer can obtain them.


Pace Law School Institute of International Commercial Law - May 22, 2001
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