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Identifying Fundamental Breach Of Articles 25 And 49 Of The Cisg: The Good Faith Duty Of Collaborative Efforts To Cure Defects - Make The Parties Draw A Line In The Sand Of Substantiality, Yasutoshi Ishida
Michigan Journal of International Law
Article 49(1) of the CISG allows buyers of international goods to avoid their sales contracts “if the failure by the seller to perform . . . amounts to a fundamental breach.” A breach is “fundamental,” as defined by CISG article 25, when it causes the buyer such detriment “as substantially to deprive him of what he is entitled to expect under the contract.” This definition is followed by the so-called “foreseeability test,” an “unless” clause that excepts the situation where “the party in breach did not foresee[,] and a reasonable person of the same kind in the same circumstances would …
Funky Mussels, A Stolen Car, And Decrepit Used Shoes: Non-Conforming Goods And Notice Thereof Under The United Nations Sales Convention, Harry Flechtner
Funky Mussels, A Stolen Car, And Decrepit Used Shoes: Non-Conforming Goods And Notice Thereof Under The United Nations Sales Convention, Harry Flechtner
Articles
This is a draft of a paper that will appear in a forthcoming issue of the Boston University International Law Journal. This paper, which derives from comments delivered at a 2006 conference held at Istanbul (Turkey) Bilgi University, gives an overview of Part III, Chapter II, Section II of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This portion of the Convention encompasses provisions addressing a number of critical issues, including the seller's obligations concerning the quality (Article 35), title (Article 41) and intellectual property aspects (Article 42) of goods sold in a transaction governed …
Foreign Sales Corporations: Cause For Deja Vu?, E. William Pastor
Foreign Sales Corporations: Cause For Deja Vu?, E. William Pastor
Maryland Journal of International Law
No abstract provided.
The Gatt Panel Report On Domestic International Sales Corporations: Illegal Subsidy Under The Gatt
The Gatt Panel Report On Domestic International Sales Corporations: Illegal Subsidy Under The Gatt
Maryland Journal of International Law
No abstract provided.
Protection Of Private Foreign Investments In Less Developed Countries - Its Reality And Effectiveness, Henry Landau
Protection Of Private Foreign Investments In Less Developed Countries - Its Reality And Effectiveness, Henry Landau
William & Mary Law Review
No abstract provided.
Honnold: Unification Of The Law Governing International Sales Of Goods, E. Allan Farnsworth
Honnold: Unification Of The Law Governing International Sales Of Goods, E. Allan Farnsworth
Michigan Law Review
A Review of Unification of the Law Governing International Sales of Goods edited by John Honnold