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

21 Pages Posted: 16 Oct 2013

See all articles by Ndubuisi Nwafor

Ndubuisi Nwafor

University of Stirling, Scotland - School of Law

Date Written: October 15, 2013

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

Suggested Citation

Nwafor, Ndubuisi, Comparative Evaluation of the Doctrine of Fundamental Breach under the CISG, UNDROIT Principles and the English Law (October 15, 2013). Available at SSRN: https://ssrn.com/abstract=2340440 or http://dx.doi.org/10.2139/ssrn.2340440

Ndubuisi Nwafor (Contact Author)

University of Stirling, Scotland - School of Law ( email )

School of Law
University Stirling
Stirling, Scotland FK9 4LA
United Kingdom
+44(0) 1786 467041 (Phone)

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