Selected Cases by Article & Issues
Article 489 Cases
(1) Subject to article 49, the seller may, even after the date for delivery, remedy at his own expense any failure to perform his obligations, if he can do so without unreasonable delay and without causing the buyer unreasonable inconvenience or uncertainty of reimbursement by the seller of expenses advanced by the buyer. However, the buyer retains any right to claim damages as provided for in this Convention.
(2) If the seller requests the buyer to make known whether he will accept performance and the buyer does not comply with the request within a reasonable time, the seller may perform within the time indicated in his request. The buyer may not, during that period of time, resort to any remedy which is inconsistent with performance by the seller.
(3) A notice by the seller that he will not perform within a specified period of time is assumed to include a request, under the preceding paragraph, that the buyer make known his decision.
(4) A request or notice by the seller under paragraph (2) or (3) of this article is not effective unless received by the buyer.
(2) If the seller requests the buyer to make known whether he will accept performance and the buyer does not comply with the request within a reasonable time, the seller may perform within the time indicated in his request. The buyer may not, during that period of time, resort to any remedy which is inconsistent with performance by the seller.
(3) A notice by the seller that he will not perform within a specified period of time is assumed to include a request, under the preceding paragraph, that the buyer make known his decision.
(4) A request or notice by the seller under paragraph (2) or (3) of this article is not effective unless received by the buyer.
| Number | Issue | # Cases | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | Seller's right to cure failure to perform, even after date for delivery | 5 | ||||||||||||
| 1.1 | Without unreasonable delay | 1 | ||||||||||||
| 1.2 | Without unreasonable inconvenience to buyer | 2 | ||||||||||||
| ||||||||||||||
| 1.3 | Buyer's right to claim damages not impaired | 1 | ||||||||||||
| 2 | Seller asking buyer whether he will accept performance after date of delivery | 0 | ||||||||||||
| 2.1 | Buyer's silence or consent to such request | 1 | ||||||||||||
Total Cases in the database 3754