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Global Sales and Contract Law by Schwenzer, Ingeborg; Hachem, Pascal; Kee, Christopher (26th January 2012)

Part XI Remedies for Breach of Contract, 48 Price Reduction

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 28 May 2020

Subject(s):
Reduction of price — Avoidance of contract — Remedies for breach of contract
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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