Topic 6: CISG 3, Article 79 Exceptions to Contractual Liability

False (B)

Give notice to the other party of the impediment and its effect on ability to perform.

<p>third person</p> Signup and view all the answers

<p>If they can demonstrate the impediment was beyond their control. (B)</p> Signup and view all the answers

<p>Force Majeure = Exemption due to uncontrollable circumstances Impediment = A physical or external barrier to performance Notice = Communication regarding an impediment Temporary Exemption = Relief that is not permanent</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>impediment</p> Signup and view all the answers

<p>Inform the other party diligently (A)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>The burden of proof lies on the party to produce sound evidence in court.</p> Signup and view all the answers

<p>partial</p> Signup and view all the answers

<p>Force Majeure = An event beyond the control of contracting parties Diligence = The level of care and attention expected Burden of Proof = The obligation to prove one’s claim Impediment = A circumstance that prevents fulfilling a contract</p> Signup and view all the answers

<p>Economic crisis (B)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>The impediment must only last as long as the barrier itself.</p> Signup and view all the answers

<p>inform</p> Signup and view all the answers

<p>Ask for any other sort of action (D)</p> Signup and view all the answers

The party claiming force majeure must prove that the impediment was totally or partially beyond their control and couldn't be reasonably expected when the contract was made.

The party claiming force majeure must inform the other party immediately about the impediment and its consequences.

A situation where a party is excused from liability for breach of contract due to an unforeseen event beyond their control, like an earthquake or flood.

The exemption from liability due to force majeure only lasts as long as the impediment persists.

The party experiencing the impediment must demonstrate that it was objectively beyond their control, and that they acted with reasonable diligence to avoid or mitigate its consequences.

Economic crises are generally considered foreseeable events and don't qualify as force majeure.

If the party failed to perform due to a third party they hired, they're exempt ONLY if BOTH the party and the third party meet force majeure conditions.

Recurring events that are known and expected, like regular flooding, may not qualify as force majeure. The magnitude of the event must be exceptional.

The force majeure exemption lasts only as long as the impediment exists. Once it's gone, the party must fulfill their contract obligations.

A party experiencing force majeure must promptly notify the other party about the impediment and its impact on their ability to perform.

The party claiming force majeure must provide strong evidence in court to support their claim.

The concept of force majeure is an exceptional mechanism in contract law and should be applied restrictively.

If the notification is delayed, the party experiencing force majeure may be liable for damages caused by the delay.

Even in the presence of force majeure, if a party's post-impediment situation makes contract fulfillment impossible (e.g., bankruptcy), the contract may be legally dissolved.

The party claiming force majeure must demonstrate that they acted diligently in informing the other party about the impediment and its impact.

A force majeure event must be completely outside the control of the parties involved in the contract.

Article 79 of the contract sets out the legal framework for invoking force majeure as an exemption from liability.

The party claiming force majeure can't escape all obligations – they must fulfill whatever is possible under the circumstances.