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Part XI Remedies for Breach of Contract, 48 Price Reduction

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: 11 December 2023

Subject(s):
1ce0b812-3e62-4f7e-85fb-458c704b90ab — adc05daa-6d35-4f1b-82bb-cbf521d56be5 — 28d71a3c-03b2-48cb-8ce3-e784e9f554bb
48.01 Price reduction is a remedy that is primarily known in civil law countries. The buyer keeps the non-conforming goods but the contract price is adjusted according to the lesser value of the goods. Functionally, price reduction is a partial avoidance of the contract. Thus, in the Netherlands partial avoidance of the contract is explicitly provided for in case of any failure of performance by one party.1 48.02 The origin of the remedy of price reduction can be found in Roman law.2 As has been mentioned earlier,3 under Roman law damages could only be asked for...
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