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Part XI Remedies for Breach of Contract, 42 Suspension of Performance

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
14 June 2022
ISBN:
9780198871255

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

Subject(s):
Breach of contract — Performance of contract — Conformity of goods — Obligations of the buyer — Obligations of the seller

This chapter explores the suspension of performance which often happens where there is a loss of confidence between both parties. Under the general principle of the freedom of contract, the parties may contractually agree on a right to withhold performance. The Convention expressly provides the possibility to establish such a right in the contract for specific circumstances of withholding performance at the international level. The chapter lists the default pre-requisites to withhold performance such as performance due, concurrent obligations, non-performance by the co-contractant, and readiness to perform. Moreover, it notes the possibility of the uncertainty of obligor’s economic position.

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