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Part XI Remedies for Breach of Contract, 47 Avoidance

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

Ingeborg Schwenzer, Edgardo Muñoz

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 March 2023

Subject(s):
Avoidance of contract — Breach of contract — Damages and contract — Frustration and contract — Interpretation of contract — Performance of contract — Remedies for breach of contract — Conformity of goods

This chapter notes the notion of avoidance, which represents the most severe interference with the contractual relationship established between the parties. The conceptual guidelines of the CISG are used to remedy the avoidance of contracts. The ambiguity of the term ‘avoidance’ also pervades at the international level. The grounds for avoidance vary from impossibility, delay, non-conformity, and legal defects. The chapter covers the extent of the Nachfrist approach and Fundamental Breach approach. It clarifies the difference between avoidance and rescission as well. Moreover, exercising the right to avoid the contract might result in the impossibility to make restitution.

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