- method of computing the price reduction. "Mr. Rognlien (Norway), introducing his proposal . . . said its main purpose was to amend the time at which the value of non-conforming goods should be assessed with a view to reduction in price. His delegation considered that the time of delivery would be preferable to that of the conclusion of the contract partly because the goods might not have existed at the latter time and partly because the value at the time of delivery would be a more adequate substitute for damages. . . ." OR 357, para. 23 [OR = Official Records of the United Nations Conference on Contracts for the International Sale of Goods, Vienna 10 March - 11 April 1980, A/CONF. 97/19]
- Article 50 inapplicable when Article 37 applies. "Mr. Klingsporn [W. Germany] introducing his delegation's proposal . . . said his delegation believed that the second sentence of article [50] should refer to article [37] as well as to article [48]. It seemed to him logical that a provision in regard to a buyer's declaration of reduction of price should apply not only to the case in which a seller remedied a failure to perform his obligations after the date for delivery (article [48]) but also the case in which such a failure was remedied before the date for delivery (article [37])." OR 360, para. 63.
- notices governed by dispatch theory recited in Article 27 (declaration of price reduction: revocability of such a declaration): for commentary on this and other notices, go to Peter Schlechtriem [Germany], Effectiveness and Binding Nature of Declarations (Notices, Requests or Other Communications) under Part II and Part III of the CISG, Cornell Review of the Convention on Contracts for the International Sale of Goods (Kluwer 1995) 95-114
- reasonableness: Although not specifically mentioned in this article, reasonableness is a general principle of the CISG
- For the definition of reasonableness recited in the Principles of European Contract Law and references to reasonableness in Continental and Common Law domestic rules, doctrine and jurisprudence, go to PECL article 1:302 and the comment and notes prepared for this provision
- To drive home the correlation between the PECL's definition of reasonableness and the evident same meaning of this term to CISG legislators when they used the concept either specifically or as a general principle of the uniform law they drafted, see overview comments and comments that illustrate the similar manner in which this concept fits the CISG
Pace Law School Institute of International Commercial Law
- Last updated January 22, 2001
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