My OperaHey, where is my pizza? I am hungry!
Saturday, July 12, 2008 9:47:48 PM
Can you cancel your order when the pizza arrives to late? In general contract law this requires a fundamental breach of contract. But what is a fundamental breach?
Article 25 of the CISG gives us some details:
«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».
I dare not to stipulate how many minutes, because the contract law gives us no exact norm. The parties themselves should therefore clarify the contract if time is important. The customer may say when he (or she) orders that he is so extremely hungry that he has to cancel if the pizza is 15 minutes late. Or the seller may have guaranties for delivery in time including consequences if the pizza is, say 30 minutes, late.
The CISG does not, however, apply to local pizza orders. But here the CISG presumably is according to general contract law, which again can be found in the various states' national sales acts or national consumer sales acts.
Article 25 of the CISG gives us some details:
«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».
I dare not to stipulate how many minutes, because the contract law gives us no exact norm. The parties themselves should therefore clarify the contract if time is important. The customer may say when he (or she) orders that he is so extremely hungry that he has to cancel if the pizza is 15 minutes late. Or the seller may have guaranties for delivery in time including consequences if the pizza is, say 30 minutes, late.
The CISG does not, however, apply to local pizza orders. But here the CISG presumably is according to general contract law, which again can be found in the various states' national sales acts or national consumer sales acts.
