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Report to the Uniform Law Conference of Canada on Convention on Contracts for the International Sale of Goods

Professor Jacob S. Ziegel, University of Toronto
July 1981

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Article 83

A buyer who has lost the right to declare the contract avoided or to require the seller to deliver substitute goods in accordance with article 82 retains all other remedies under the contract and this Convention.

COMMENT

The common law is the same as art. 83 in preserving the buyer's other remedies even after he has lost the right to rescind the contract for breach of the seller's obligations, and in particular his right to claim damages. Cf. OSGA, s.51. The [Secretariat] Commentary explains (p. 179) that the other remedies retained by the buyer under CISG are the right to claim damages , to require that any defects be cured under art. 46, and to declare a reduction of the price under art. 50. The second and third remedies have no counterpart in the provincial Acts.

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Pace Law School Institute of International Commercial Law - Last updated April 23, 1999
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