Abstract

http://ssrn.com/abstract=906604
 
 

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The Seller's Right to Cure a Failure to Perform in International Sales


Jonathan Yovel


NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law; Yale Law School

September 26, 2010

Nordic Journal of Commercial Law, pp. 1-19, 2005

Abstract:     
A defaulting party’s right to cure a failure to perform under the condition that such cure does not create any – or at least any excessive – hardship for the aggrieved party, has emerged from American relational reforms of sales law (UCC Art. 2-508) to become a staple of modern contract law, and of modern sales law in particular. This study reviews, analyses and compares the respective provisions governing the seller’s right to cure a failure to perform under two important legal regimes, that of the UN Sales Convention 1980 (CISG), pertaining to international sales, and the Principles of European Contract Law 2003 (PECL) which does not distinguish between domestic and international transactions. It supplies a normative framework for the relations between the right to cure, the right to damages, and the right to terminate a contract, within a unified matrix of remedial and quasi-remedial measures.
Keywords:

Number of Pages in PDF File: 19

Keywords: Contracts, Sales, International Sales, Cure, Breach of Contract, Remedies for Breach of Contract, Sales, CISG, PECL, UCC

JEL Classification: K10, K11, K12, K20, K30, K39, K40, K49, K41

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Date posted: June 6, 2006 ; Last revised: September 14, 2011

Suggested Citation

Yovel, Jonathan, The Seller's Right to Cure a Failure to Perform in International Sales (September 26, 2010). Nordic Journal of Commercial Law, pp. 1-19, 2005. Available at SSRN: http://ssrn.com/abstract=906604

Contact Information

Jonathan Yovel (Contact Author)
NYU School of Law - Straus Institute for the Advanced Study of Law and Justice ( email )
New York
United States
University of Haifa - Faculty of Law ( email )
Mount Carmel
Haifa, 31905
Israel
Yale Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
203.435.5911 (Phone)

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