9 Pages Posted: 1 Feb 2009
This paper focuses on Articles 45, 46 and 28 of the CISG - provisions that, despite their importance in the substantive scheme of the Convention, have not generated a great deal of case law or controversy. Article 45, the lead provision of Section III ("Remedies for Breach of Contract by the seller") of Part III, Chapter II of the CISG, provides an overview or catalogue of an aggrieved buyer's remedies (Article 45(1)), along with a rule that coordinates buyers' remedies (Article 45(2)) and a rule of general applicability for all of the buyers' remedies (Article 45(3)). Article 46 provides for an aggrieved buyer's right to demand that the seller actually perform its obligations. Although it appears in an entirely different chapter of the CISG (Chapter I--"General Provisions"-of Part III of the Convention), Article 28 is intimately related to Article 46, because the former limits a court's obligation to enforce the rights granted under Article 46.
Keywords: United Nations Convention on Contracts for the International Sale of Goods, CISG, U.N. Sales Convention, International Sales Convention, remedies, buyers' remedies, aggrieved buyer, breach of contract, seller's breaches, specific performance, damages, CISG Article 45, CISG Article 46, CISG Article 2
Suggested Citation: Suggested Citation
Flechtner, Harry M., Buyers' Remedies in General and Buyers' Performance-Oriented Remedies (25th Anniversary of the United Nations Convention on Contracts for the International Sale of Goods). Journal of Law and Commerce, Vol. 25, p. 339, 2005; U. of Pittsburgh Legal Studies Research. Available at SSRN: https://ssrn.com/abstract=1334298
By Locknie Hsu
The International Contracting Practices Survey Project: An Empirical Study of the Value and Utility of the United Nation's Convention on the International Sale of Goods (CISG) and the Unidroit Principles of International Commercial Contracts to Practitioners, Jurists, and Legal Academics in the United States