Selected Cases by Article & Issues
Article 4541 Cases
(1) If the seller fails to perform any of his obligations under the contract or this Convention, the buyer may:
(a) exercise the rights provided in articles 46 to 52;
(b) claim damages as provided in articles 74 to 77.
(2) The buyer is not deprived of any right he may have to claim damages by exercising his right to other remedies.
(3) No period of grace may be granted to the seller by a court or arbitral tribunal when the buyer resorts to a remedy for breach of contract.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Breach of contract by seller | 3 |
| 1.1 | Failure to perform any obligation under contract or Convention | 18 |
| 1.2 | Fault not relevant | |
| 1.2.1 | Exemption for liability for damages | |
| 2 | Buyer's remedies | 2 |
| 2.1 | Remedies provided by Arts. 46 to 52 | 10 |
| 2.2 | Claim for damages under Arts. 74 to 77 | 21 |
| 2.2.1 | Claim for damages consistent with exercise of other remedies | 3 |
| 2.3 | Grace periods in favour of seller not permitted |