Published by Manz, Vienna: 1986. Reproduced with their permission.

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I. Failure of Performance Caused by the Other Party (Article 80)

Article 80 releases a party from his obligations where the other party has impaired his performance. This provision is based on a proposal by the German Democratic Republic [440] which, in its aim, resembles ULIS Article 74(3). In such cases, an obligor will generally be excused from liability on the basis of Article 79(1). But Article 80 reaches much further.[441] Since Article 80 exempts all claims against the obligor, it gained importance when a proposal was rejected which would have extinguished the right to demand specific performance in a case where Article 79 exempts a party for liability for damages. If the buyer frustrated performance, such as by not providing drawings required for production or by not procuring an import permit, he can neither demand specific performance nor declare an avoidance. He also may not reduce the price for defects caused by [page 105] mistakes in the drawings he provided. Of course, the obligor is excused only to the extent of the hindrance caused by the obligee. The obligee need not be responsible -- in the sense of Article 79 -- for the impairment he caused.[442]

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FOOTNOTES

* The author of this book participated at the Conference as a member of the delegation from the Federal Republic of Germany. The views expressed here are personal to the author and do not necessarily represent the position of the F.R.G. or its delegation.

440. A.Conf. 97/C.1/L.217 (= O.R. 134).

441. See A/Conf. 97/C.1/SR.28 at 9 § 55 (= O.R. 386) (position of the Swiss delegate; see also id. at 10 § 61 (= O.R. 387) (position of the Romanian delegate).

442. Cf. A/Conf. 97/C.1/SR.30 at 2 (= O.R. 393) (discussion).

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