Fundamental Breach of Contract Under The Cisg

Document Type : Research Paper

10.22099/jls.2014.2046

Abstract

Breach of contract is of two kinds: fundamental and non fundamental. Fundamental breach not only damages  the core of contract but it also deprives the other party of what he is entitled to. Breach of contract can be considered as fundamental when its result is foreseeable for the defaulting party or for a reasonable person in the same circumstance. Such defaults are of great importance in International Commercial Contract law and are mentioned in Vienna Convention on Contracts for the International Sale of Goods,1980, Art. 25. Written statements of the above mentioned Art. is so general that makes it difficult to conform with cases. Therefore various interpretations about the concept of Fundamental Breach of Contract go on and on
 

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