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LEGISLATIVE HISTORY
Legislative history of CISG article 25:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

      1978 Draft aticle 23                             CISG article 25

A breach committed by one of the par-     A breach of contract committed by one     
ties is fundamental if it results in sub- of the parties is fundamental if it  
stantial detriment to the other party un- results in such detriment to the other   
less the party in breach did not foresee  party as substantially to deprive him    
and had no reason to foresee such a       of what he is entitled to expect 
result.                                   under the contract, unless the party in  
                                          breach did not foresee and a reasonable   
                                          person of the same kind in the same        
                                          circumstances would not have           
                                          foreseen such a result. 


Editorial comments
By virtue of the number of changes made to the text, reliance upon the
Secretariat Commentary on 1978 Draft article 23 as an aid to interpretation
of CISG article 25 appears questionable.

To examine 1978 Draft provisions in context, go to the full-text of the 1978 Draft || To examine CISG provisions in context, go to the full text of the CISG