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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

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

Date Written: 2010

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 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

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

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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