My OperaFundamental breach is fundamental if you want to cancel a contract.
Monday, July 21, 2008 2:07:08 PM
The principal condition that must be met before the buyer can declare the contract avoided, is that the delayed or non confoming delivery «amounts to a fundamental breach of contract», CISG article 49 (1) letter a). If there is no fundamental breach, the buyer may still be able to claim damages according to articles 74 to 79.
As to non-conforming goods, see for instance the CISG Advisory Council at:
http://cisgw3.law.pace.edu/cisg/CISG-AC-op5.html
(CISG-AC Opinion no 5, The buyer's right to avoid the contract in case of non-conforming goods or documents 7 May 2005, Badenweiler (Germany). Rapporteur: Professor Dr. Ingeborg Schwenzer, LL.M., Professor of Private Law, University of Basel.)
The principle of fundamental breach is one of the main principles in the contract law. The UN convention CISG is a good place to find general principles of contract law.
As to non-conforming goods, see for instance the CISG Advisory Council at:
http://cisgw3.law.pace.edu/cisg/CISG-AC-op5.html
(CISG-AC Opinion no 5, The buyer's right to avoid the contract in case of non-conforming goods or documents 7 May 2005, Badenweiler (Germany). Rapporteur: Professor Dr. Ingeborg Schwenzer, LL.M., Professor of Private Law, University of Basel.)
The principle of fundamental breach is one of the main principles in the contract law. The UN convention CISG is a good place to find general principles of contract law.
