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.
OUTLINE OF ISSUES
Reproduced with permission of UNCITRAL
70A Seriously defective shipment (art. 25) is damaged in transit: 70A1 Although transit risk is on buyer under article 68: 70A11 Buyer may avoid for fundamental breach
70A12 Effect of avoidance to place transit risk on seller 70B Breach with respect to the goods is not fundamental 70B1 Buyer may not avoid contract; transit risk remains on buyer
70B2 Buyer may recover damages for defects at shipment 70C Buyer receives seriously defective goods: 70C1 Damage without fault by buyer does not bar avoidance 70C11 Avoidance may be barred by delay (art. 49(2)(a))
70C12 On need to return goods in same condition: art. 82(2)(a) 70D Other problems
DESCRIPTORS
Passage of risk ; Fundamental breach ; Avoidance
CASE ANNOTATIONS: UNCITRAL DIGEST CASES PLUS ADDED CASES
The UNCITRAL Digest of case law on the United
A/CN.9/SER.C/DIGEST/CISG/70 [8 June 2004]. Reproduced with the permission of UNCITRAL.
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.
DIGEST OF ARTICLE 70 CASE LAW
1. Article 70 provides that, notwithstanding the passing of the risk of loss or damage in the previous three articles, the buyer retains its remedies unimpaired if the seller has committed a fundamental breach of contract. There are no reported cases applying this article.
UNCITRAL does not report any case law applications of Art. 70 and no case law applications of Art. 70 are reported here.
Nations Convention on the International Sale of Goods
ARTICLE 70
Pace Law School
Institute of International Commercial Law - Last updated July 26, 2005
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