"The fact that the CISG sets out the rules on the remedies for the various types of breach of contract in one section constitutes a major difference between it and ULIS." Hager in Commentary on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 480 [citations omitted].
CISG Article 61 ULIS Article 61 1. If the buyer fails to perform 1. If the buyer fails to pay any of his obligations under the the price in accordance with the contract or this Convention, the contract and with the present seller may: Law, the seller may require the buyer to perform his obligation. (a) exercise the rights provided in articles 62 to 65; 2. The seller shall not be entitled to require payment of the price (b) claim damages as provided by the buyer if it is in conformity in articles 74 to 77. with usage and reasonably possible for the seller to resell the 2. The seller is not deprived of goods. In that case the contract any right he may have to claim shall be ipso facto avoided as damages by exercising his right from the time when such resale to other remedies. should be effected. 3. No period of grace may be granted to the buyer by a court or arbitral tribunal when the seller resorts to a remedy for breach of contract. ULIS Article 68 1. Where the contract is avoided because of the failure of the buyer to accept delivery of the goods or to make a specification, the seller shall have the right to claim damages in accordance with Articles 84 to 87. 2. Where the contract is not avoided, the seller shall have the right to claim damages in accordance with Article 82. ULIS Article 70 1. If the buyer fails to perform any obligation other than those referred to in Section I and II of this Chapter, the seller may: (a) where such failure amounts to a fundamental breach of contract, declare the contract avoided, provided that he does so promptly, and claim damages in accordance with Articles 84 to 87; or (b) in any other case, claim damages in accordance with Article 82. 2. The seller may also require performance by the buyer of his obligation, unless the contract is avoided.
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