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CISG instalment contract

CISG article 73 deals with a contract for delivery by instalments. A fundamental breach concerning one instalment can allow avoidance of that instalment; a well-founded conclusion that a future instalment will be fundamentally breached can justify avoidance of future deliveries. Interdependence can affect other instalments. The concept concerns successive deliveries, not merely payment of a single delivery in instalments.

Worked example

A seller agrees to deliver equipment in three monthly lots. A serious failure in the first lot is assessed for its own consequences and whether it gives well-founded grounds for anticipating a fundamental breach of later lots.

Common mistake

Assuming a contract with three payment dates necessarily is a CISG instalment-delivery contract.

Where it appears in your exams

QualificationExamRelationshipPeriod
ACCA LW (GLO) Direct September 2026–June 2027