Comparative Evaluation of the Doctrine of Fundamental Breach under the CISG, UNDROIT Principles and the English Law

Abstract

The doctrine of fundamental breach of contract is central in the area of international commercial law, it is a threshold issue that comes into view whenever some commercial law concepts like termination, frustration, damages, come up for determination. Comparatively, it has acquired different meanings, approaches and modus operandi in the contexts of the CISG, UNIDROIT Principles and the English law. This paper therefore critically and comparatively analysed the status and interpretations of this doctrine in the mentioned extant laws.

Keywords: Breach, fundamental, law, comparative, seller, buyer, commercial, contract, CISG, UNIDROIT Principles, English law