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This is the question stated in a text book and I want to know the correct answer.
In relation to the UN Convention on COntracts for the International Sale of Goods which of the following statements is correct:
Question: A party is NOT liable to pay damages for a failure to perform his obligations if he proves:
1) The failure was beyond his control
2) He could not reasonable have taken the impediment into account at the time the contract was agreed.A – (1) only
B – (2) only
C – Both (1) and (2)
D – NeitherI think its C. Am I correct?
Paragraph 1 Article 79 UNCISG:
(1) A party is not liable for a failure to perform any of his obligations if he proves that the failure was due to an impediment beyond his control and that he could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome it or its consequences.
Looks like “C” to me too
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