Podcast
Questions and Answers
What is the starting premise regarding obligations and specific performance under the CISG?
What is the starting premise regarding obligations and specific performance under the CISG?
- Every obligation corresponds with the right to avoidance of the contract.
- Every obligation corresponds with the right to damages.
- Every obligation corresponds with the right to withhold performance.
- Every obligation corresponds with the right to specific performance. (correct)
Under the CISG, what remedy is available to the buyer if the goods do not conform to the contract?
Under the CISG, what remedy is available to the buyer if the goods do not conform to the contract?
- Right to damages
- Right to avoidance of the contract
- Right to specific performance
- Right to reduction in purchase price (correct)
What remedy does the buyer have under the CISG if the goods received do not conform to the contract?
What remedy does the buyer have under the CISG if the goods received do not conform to the contract?
- Specific performance
- Damages
- Delivery of substitute goods (correct)
- Avoidance of the contract
Which remedy allows a party to demand further delivery when the goods received do not conform to the contract?
Which remedy allows a party to demand further delivery when the goods received do not conform to the contract?
In addition to the basic remedies under the CISG, what is one of the buyer's additional remedies?
In addition to the basic remedies under the CISG, what is one of the buyer's additional remedies?
What is the seller's right under the CISG in response to a buyer's breach of contract?
What is the seller's right under the CISG in response to a buyer's breach of contract?
What is the immediate action required when one party wants to withhold its performance?
What is the immediate action required when one party wants to withhold its performance?
Which article of the CISG grants the right to damages to the buyer?
Which article of the CISG grants the right to damages to the buyer?
What is the condition for the avoidance of a contract under the CISG?
What is the condition for the avoidance of a contract under the CISG?
What happens to the remaining contractual obligations when a declaration of avoidance is made?
What happens to the remaining contractual obligations when a declaration of avoidance is made?
What is required for a declaration of avoidance to be effective?
What is required for a declaration of avoidance to be effective?
What is the purpose of articles 74 to 77 CISG?
What is the purpose of articles 74 to 77 CISG?
Under the CISG, a party can withhold its performance without giving immediate notice to the other party if they fail to perform their obligations properly.
Under the CISG, a party can withhold its performance without giving immediate notice to the other party if they fail to perform their obligations properly.
The CISG allows a party to claim damages under the provision of Article 45(1)(c) and Article 61(1)(c).
The CISG allows a party to claim damages under the provision of Article 45(1)(c) and Article 61(1)(c).
The declaration of avoidance under the CISG is only effective if it is made using the means appropriate in the circumstances and reaches the addressee.
The declaration of avoidance under the CISG is only effective if it is made using the means appropriate in the circumstances and reaches the addressee.
Articles 74 to 77 of the CISG provide specific guidance on the calculation of damages in the event of a breach of contract.
Articles 74 to 77 of the CISG provide specific guidance on the calculation of damages in the event of a breach of contract.
Under the CISG, a party can withhold its performance if the goods received do not conform to the contract and demand further delivery.
Under the CISG, a party can withhold its performance if the goods received do not conform to the contract and demand further delivery.
The CISG allows for the avoidance of a contract if there is a 'minor' breach of the contractual obligations by one party.
The CISG allows for the avoidance of a contract if there is a 'minor' breach of the contractual obligations by one party.
The CISG only regulates the obligations of the seller.
The CISG only regulates the obligations of the seller.
The buyer can demand delivery of substitute goods only if the seller has failed to deliver any goods.
The buyer can demand delivery of substitute goods only if the seller has failed to deliver any goods.
The right to damages is only available to the seller under the CISG.
The right to damages is only available to the seller under the CISG.
Avoidance of the contract is only possible if the buyer has breached the contract.
Avoidance of the contract is only possible if the buyer has breached the contract.
The buyer can only demand specific performance if the seller has delivered non-conforming goods.
The buyer can only demand specific performance if the seller has delivered non-conforming goods.
The CISG only provides four basic remedies to the buyer.
The CISG only provides four basic remedies to the buyer.
