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

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
26 January 2012
ISBN:
9780199572984

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

Subject(s):
Performance of contract
42.01 By its essence a contract for the sale of goods is premised on the synallagmatic obligations of the parties. Each party undertakes its obligation in the expectation that its co-contractant will likewise perform. There is risk in performance and therefore a party that is ready to perform has a significant interest in only performing when it is confident that the co-contractant will reciprocate. Where it lacks confidence the party faces a difficult decision. On the one hand not performing may amount to a breach of contract and on the other hand performance...
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