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Sir article 49 (2 ) states that when seller has delivered the goods the buyer loses the right to delcare it avoided unless they do so:
1 in respect of late delivery, if they declare in reasonable time after getting aware of itSir my doubt is that the contract can be declared avoided if there is a late delivery and a fundamental breach
As only late delivery is not a ground for avoiding the contract.the buyer is required to give additional time to seller to perform his obligations
Right??If fundamental breach is not involved, then yes, I would agree.
Is this a printed question and are you, yet again, testing me?
I really hope not!
OK?
No sir it is given in unccisg article 49
Kindly explain me second part of article 49Here’s the relevant first part of Article 49
Which part of this first part of Article 49 do you want me to explain?
“(1) The buyer may declare the contract avoided:
(a) if the failure by the seller to perform any of his obligations under the contract or this Convention amounts to a fundamental breach of contract; or
(b) in case of non-delivery, if the seller does not deliver the goods within the additional period of time fixed by the buyer in accordance with paragraph (1) of article 47 or declares that he will not deliver within the period so fixed.
(2) However, in cases where the seller has delivered the goods, the buyer loses the right to declare the contract avoided unless he does so:
(a) in respect of late delivery, within a reasonable time after he has become aware that delivery has been made;”
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