The Seller's Right to Cure a Failure to Perform in International Sales
Nordic Journal of Commercial Law, pp. 1-19, 2005
19 Pages Posted: 6 Jun 2006 Last revised: 27 Nov 2014
Date Written: 2010
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 provides an analytical framework for contractual cure in international transactions, then presents, analyses and compares the respective provisions governing the seller’s right to cure a failure to perform, with relation to the right to terminate the contract, to damages and to performance, under several legal regimes, with emphasis on the UN Sales Convention 1980 (CISG).
Keywords: Contracts, Sales, International Sales, Cure, Breach of Contract, Remedies for Breach of Contract, Sales, CISG, CESL, PECL, UCC
JEL Classification: K10, K11, K12, K20, K30, K39, K40, K49, K41
Suggested Citation: Suggested Citation