Determining fundamental breach in international sale of goods: taming the unruly horse?

The remedial system is the most distinctive feature of the United Nations Convention on Contracts for the International Sale of Goods (CISG) 1980 and the remedy of ‘avoidance’ is not available for every breach of contract but only for a fundamental one. Despite the fact that the term is specifically...

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Main Authors:	Hamid, Abdul Ghafur@Khin Maung Sein, Ishan Jan, Mohammad Naqib, Khairunnasriah , Abdul Salam
Format:	Conference or Workshop Item
Language:	English English
Published:	2016
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/51201/ http://irep.iium.edu.my/51201/ http://irep.iium.edu.my/51201/8/Determining_Fundamental_Breach_in_International_Sale_of_Goods.pdf http://irep.iium.edu.my/51201/11/51201_ICLAS_V.pdf

id	iium-51201
recordtype	eprints
spelling	iium-512012016-07-22T06:16:57Z http://irep.iium.edu.my/51201/ Determining fundamental breach in international sale of goods: taming the unruly horse? Hamid, Abdul Ghafur@Khin Maung Sein Ishan Jan, Mohammad Naqib Khairunnasriah , Abdul Salam K Law (General) The remedial system is the most distinctive feature of the United Nations Convention on Contracts for the International Sale of Goods (CISG) 1980 and the remedy of ‘avoidance’ is not available for every breach of contract but only for a fundamental one. Despite the fact that the term is specifically defined in Article 25, many commentators are of the view that the meaning of “fundamental breach” is vague and uncertain. The present paper analyzes the dual elements of ‘fundamental breach,’ namely, substantial detriment and unforeseeability, on the basis of interpretative tools of the Convention, legislative history, and an in-depth survey of judicial decisions on fundamental breach from various countries. The paper finds that it is too drastic to say that the meaning of fundamental breach as defined in CISG is vague and that on the contrary the meaning is clearly instructive and can be refined through judicial interpretation. The paper concludes that though it will take time for case law to completely cover most of the possible situations of fundamental breach, it is pretty clear at this stage that a number of basic principles for the determination of fundamental breach are well settled and established. 2016-04-19 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/51201/8/Determining_Fundamental_Breach_in_International_Sale_of_Goods.pdf application/pdf en http://irep.iium.edu.my/51201/11/51201_ICLAS_V.pdf Hamid, Abdul Ghafur@Khin Maung Sein and Ishan Jan, Mohammad Naqib and Khairunnasriah , Abdul Salam (2016) Determining fundamental breach in international sale of goods: taming the unruly horse? In: 5th International Conference on Law and Society (ICLAS V) 2016, 18th-19th April 2016, Pattani, Thailand. (Unpublished) https://www.unisza.edu.my/iclas2016/index.php?option=com_content&view=featured&Itemid=101
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Hamid, Abdul Ghafur@Khin Maung Sein Ishan Jan, Mohammad Naqib Khairunnasriah , Abdul Salam Determining fundamental breach in international sale of goods: taming the unruly horse?
description	The remedial system is the most distinctive feature of the United Nations Convention on Contracts for the International Sale of Goods (CISG) 1980 and the remedy of ‘avoidance’ is not available for every breach of contract but only for a fundamental one. Despite the fact that the term is specifically defined in Article 25, many commentators are of the view that the meaning of “fundamental breach” is vague and uncertain. The present paper analyzes the dual elements of ‘fundamental breach,’ namely, substantial detriment and unforeseeability, on the basis of interpretative tools of the Convention, legislative history, and an in-depth survey of judicial decisions on fundamental breach from various countries. The paper finds that it is too drastic to say that the meaning of fundamental breach as defined in CISG is vague and that on the contrary the meaning is clearly instructive and can be refined through judicial interpretation. The paper concludes that though it will take time for case law to completely cover most of the possible situations of fundamental breach, it is pretty clear at this stage that a number of basic principles for the determination of fundamental breach are well settled and established.
format	Conference or Workshop Item
author	Hamid, Abdul Ghafur@Khin Maung Sein Ishan Jan, Mohammad Naqib Khairunnasriah , Abdul Salam
author_facet	Hamid, Abdul Ghafur@Khin Maung Sein Ishan Jan, Mohammad Naqib Khairunnasriah , Abdul Salam
author_sort	Hamid, Abdul Ghafur@Khin Maung Sein
title	Determining fundamental breach in international sale of goods: taming the unruly horse?
title_short	Determining fundamental breach in international sale of goods: taming the unruly horse?
title_full	Determining fundamental breach in international sale of goods: taming the unruly horse?
title_fullStr	Determining fundamental breach in international sale of goods: taming the unruly horse?
title_full_unstemmed	Determining fundamental breach in international sale of goods: taming the unruly horse?
title_sort	determining fundamental breach in international sale of goods: taming the unruly horse?
publishDate	2016
url	http://irep.iium.edu.my/51201/ http://irep.iium.edu.my/51201/ http://irep.iium.edu.my/51201/8/Determining_Fundamental_Breach_in_International_Sale_of_Goods.pdf http://irep.iium.edu.my/51201/11/51201_ICLAS_V.pdf
first_indexed	2023-09-18T21:12:28Z
last_indexed	2023-09-18T21:12:28Z
_version_	1777411343980167168

Determining fundamental breach in international sale of goods: taming the unruly horse?

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