Selected Cases by Article & Issues
(1) The buyer loses the right to declare the contract avoided or to require the seller to deliver substitute goods if it is impossible for him to make restitution of the goods substantially in the condition in which he received them.
(2) The preceding paragraph does not apply:
(a) if the impossibility of making restitution of the goods or of making restitution of the goods substantially in the condition in which the buyer received them is not due to his act or omission;
(b) if the goods or part of the goods have perished or deteriorated as a result of the examination provided for in article 38; or
(c) if the goods or part of the goods have been sold in the normal course of business or have been consumed or transformed by the buyer in the course of normal use before he discovered or ought to have discovered the lack of conformity.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Loss of buyer's right to avoid (terminate) contract or require delivery of substitute goods | |
| 1.1 | Buyer's inability to make restitution of goods substantially in condition of receipt | 8 |
| 1.2 | Exceptions | 1 |
| 1.2.1 | Impossibility of making restitution not due to act or omission of buyer | 1 |
| 1.2.2 | Goods damaged as result of inspection provided by Art. 38 | 1 |
| 1.2.3 | Goods sold or consumed according to normal use | 1 |