CNIDR Isearch-cgi 1.48 (File: 950821g2.html)

8C [Intent: interpretation in light of surrounding circumstances];

10A [Relevant place of business (closest relationship to contract and performance): "contract was concluded by an agent residing in Germany, therefore the relevant 'closest connection' test under the German Code on Conflict of Laws leads to the application of German law"];

25B [Definition of fundamental breach];

35B [Conformity of goods to contract: fitness for purposes for goods of same description, for particular purpose made known to seller];

38A [Buyer's obligation to examine goods];

39A [Requirement to notify seller of lack of conformity: buyer most notify seller within reasonable time (situation in which lack of conformity not apparent)];

47A ; 47A2 [Buyer's right to fix additional period for performance: reasonableness of period of time set; Basis for avoidance for delay in delivery under Art. 49(1)(b)];

49A21 [Buyer's right to avoid contract: seller does not deliver or refuses to deliver within additional period set under Article 47];

73B12 [Anticipatory breach and installment contracts: refusal of future installments when breach in one installment gives grounds to expect fundamental breach with respect to future installments];

82B31 [Restitution: buyer can have right to avoid contract except inability to return goods in same condition, unless goods sold or transformed by buyer in normal use before discovery of lack of conformity]