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Published in J. Herbots editor / R. Blanpain general editor, International Encyclopaedia of Laws - Contracts, Suppl. 29 (December 2000) 1-192. Reproduced with permission of the publisher Kluwer Law International, The Hague.

[For more current case annotated texts by this author, see Bernstein & Lookofsky, Understanding the CISG in Europe, 2d ed. (2003) and Lookofsky, Understanding the CISG in the USA, 2d ed. (2004).]

excerpt from

The 1980 United Nations Convention on Contracts
for the International Sale of Goods

Joseph Lookofsky

Article 70
Sellerís Fundamental Breach: Affect on Risk

277. If the seller has committed a fundamental breach of contract, Articles 67, 68 and 69 do not impair the remedies available to the buyer on account of the breach.[1] Therefore, in the case of fundamental breach, although the risk has passed, the buyer may be able to insist on the delivery of substitute goods,[2] or to avoid the contract,[3] i.e. avail herself of remedies which would not ordinarily be available as regards goods lost or damaged as a result of Acts of God, etc. Nor will the fact that the buyer is unable to make restitution necessarily constitute a bar to avoidance in such a case.[4] [page 146]

1. Article 70.
2. Regarding Article 46(2) see supra No. 216.
3. Regarding Article 49 see supra No. 224 et seq.
4. Regarding Article 82 see infra No. 313 et seq.

Pace Law School Institute of International Commercial Law - Last updated April 5, 2005