CISG impediment exemption
Article 79 requires an impediment beyond the party’s control that could not reasonably have been expected when the contract was made and whose consequences could not reasonably be avoided or overcome. The exemption lasts while the impediment exists; the affected party must give notice of the impediment and its effect. Other remedies may remain available. The provision does not automatically require renegotiation or excuse every unforeseen event.
Worked example
An unforeseen official prohibition blocks a shipment despite reasonable alternative routes. The seller assesses foreseeability, possible alternatives and prompt notice before claiming an exemption from damages.
Common mistake
Treating any increase in cost or unexpected event as automatic relief, or ignoring the notice requirement.
Where it appears in your exams
| Qualification | Exam | Relationship | Period |
|---|---|---|---|
| ACCA | LW (GLO) | Direct | September 2026–June 2027 |
