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Hello Sir,
Can you please help me with this question?In relation to the UN Convention on Contracts for the International Sale of Goods, which of
the following statements is/are correct?
The buyer may declare the contract avoided if:
1 The seller commits a minor breach of contract.
2 The seller has not delivered the goods
A 1 only
B 2 only
C Neither 1 or 2
D Both 1 and 2I thought the answer could be (B), the buyer may declare the contract avoided if the seller does not deliver the goods on time. But the answer mentioned in exam kit is (C) perhaps.
Thank you
It seems that there’s no issue with statement 1 so let’s just consider statement 2
There’s no indication in statement 2 of any time for delivery, nor any indication that the buyer has stated that ‘time is of the essence’
IF it had been made clear at the time the contract was entered into that the delivery date was fixed and important, then I suggest that the buyer could claim breach on behalf of the seller for breaking a significant element of the contract where that delivery date has been reached and now passed
But there is no such indication in the second statement and therefore the buyer could be facing the situation that the contract has not been breached
Furthermore, we don’t even know whether a) there is a date for delivery within the contract and b) whether that date has yet been reached. From the wording of the statement, it could quite feasibly be the case that the delivery date is still in the future so non-delivery is not yet relevant
OK?
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