CISG: The Relation among Cure, Fundamental Breach, and Avoidance

Abstract

The CISG has become a uniform law which governs the sale of goods. Fundamental breach and avoidance under the CISG is one of the most difficult areas of the Convention. The CISG has left many aspects of this subject unresolved firmly and this endangers the position of the CISG as a successful platform for harmonization. The article seeks to establish the relationship between fundamental breach, cure and avoidance as provided for under the CISG. The article commences by a general overview of the instrument/convention in introductory section and goes deeper to elucidate the various methods that are used when construing the vocabulary of the various articles and other relevant provisions under the CISG. The literature review of the article gives a critical analysis of the scholarly opinion on the relevant provisions that illuminates fundamental breach, cure and avoidance. The various court decisions are also given an evaluation to give a lucid position of how the different jurisdictions have treated the articles of the CISG. The article further gives a detailed consideration of the various scholarly materials that provide a theoretical underpinning of the relevant provisions. The articles’ historical development is analyzed and various cases reviewed under methodology. The article ends with a set of conclusions and recommendations. The article recommends for the necessity cure being given precedence over the right of avoidance in the circumstances where the contravention of the agreement is fundamental.

DOI: 10.7176/JLPG/93-03

Publication date: January 31^st 2020