ANNOTATED TEXT OF CISG
Article 80

Legislative history || Case law || Scholarly writings || Links to related articles || Words and phrases || CISG (full-text)

Guide to this article

• UNCITRAL outline of issues present
  
• Editoral analysis of this article with cross-references to related subjects [not yet available]
  
• Use of the UNIDROIT Principles to help interpret CISG Article 80 [partial presentation]
• Use of the Principles of European Contract Law to help interpret CISG article 80
  • Match-ups with Continental and Common Law domestic rules, doctrine and jurisprudence

• Roadmap to the legislative history of this article
  • Chronology of development of Article 80 at the 1980 Vienna Diplomatic Conference
• [No Secretariat Commentary exists (text created at Diplomatic Conference)]
• [No match-up of this article with the 1978 draft exists]
• Hague Convention antecedent
  • Article 80 match-up with ULIS
  • ULIS (full-text) and André Tunc Commentary on ULIS

• For further information on CISG case law (material not in this database), go to Unilex: click for a description of the contents of this service. Also of considerable utility are the compendium of case citations and the CISG bibliography contained in Michael R. Will, Twenty Years of International Sales Law Under the CISG: International Bibliography and Case Law Digest, Kluwer Law International (2000). Prof. Will's materials are presented on the CD-Rom edition of the database.

• Selected monographs and anthologies (English language)

• Comments on Article 80 from 1999 text by John O. Honnold [U.S.] [available in CD-ROM edition only]

• Comments on Article 80 from seminal 1986 text by Peter Schlechtriem [Germany]
• Comments on Article 80 from monograph by Jacob S. Ziegel [Canada]
• Citations to materials on this article in other texts (selected texts only)
• Selected law journal articles and other commentaries

• Christoph Kern, Les droits de rétention dans la Convention de Vienne [- in French], in: Michael R. Will ed., Rudolf Meyer zum Abschied: Dialog Deutschland-Schweiz VII, Faculté de droit, Université de Genève (1999) 101-112

• To identify other relevant commentaries, go to Bibliography and Bibliography Search Form

Links to related articles

• Article 80 [Failure of performance caused by other party] is part of the section entitled Exemptions. This section contains two articles. To link to the other article, go to Annotated Text of Article 79 [Impediment excusing party from damages]

Words, phrases and concepts

• respondeat superior. At the 1980 Vienna Diplomatic Conference, "Mr. ROGNLIEN (Norway) asked whether the expression 'by his own act or omission' covered the acts and omissions not only of the party concerned but also of persons whom that party might employ in the performance of the contract. After an exchange of views . . . the CHAIRMAN (Mr. LOEWE) proposed . . . the understanding that the expression 'by his own act or omission' was unanimously recognized as covering not only the acts or omissions of the party concerned but also of persons who might be employed by him for the purposes of the performance of the contract." OR paras. 87, 88 [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].

• 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