My OperaOk, but how about my pizza, then? Remember?
Monday, July 14, 2008 10:42:53 PM
Well, yes, but I am not able to give any exact answer stating an exact number of minutes.
But I have pointed out the most important CISG articles which are here in according to general principles of contract law. On which the national sales acts and consumer sales acts are written.
According to general contract law we must ask two questions:
Question 1:
Do we here have any breach of contract? Some minor delay has to be accepted. For bulk goods we earlier assumed +/- 3%. But we cannot measure late pizzas in percent, so we have to give a fair and reasonable assessment of the whole situation. Here all that has taken place between the contract parties, has to be taken into consideration.
If we find that a breach of contract has taken place, we may go to the next question:
Question 2:
Is the breach of contract a fundamental one? Breach of contract is not sufficient to cancel a contract. The breach has to be fundamental. Here much of the same things as in question 1) is relevant. But the situation has to be a lot more severe. See CISG article 25, which I mentioned some posts ago.
But I have pointed out the most important CISG articles which are here in according to general principles of contract law. On which the national sales acts and consumer sales acts are written.
According to general contract law we must ask two questions:
Question 1:
Do we here have any breach of contract? Some minor delay has to be accepted. For bulk goods we earlier assumed +/- 3%. But we cannot measure late pizzas in percent, so we have to give a fair and reasonable assessment of the whole situation. Here all that has taken place between the contract parties, has to be taken into consideration.
If we find that a breach of contract has taken place, we may go to the next question:
Question 2:
Is the breach of contract a fundamental one? Breach of contract is not sufficient to cancel a contract. The breach has to be fundamental. Here much of the same things as in question 1) is relevant. But the situation has to be a lot more severe. See CISG article 25, which I mentioned some posts ago.
