| United Nations Convention on Contracts for the International Sale of Goods (1980)), CISG is a very important international convention. However, Article79is significant too. Even in domestic law it has been difficult to provide coherent answers to the problems that arise when unexpected difficulties prevent the performance of a contract. The legal issue is difficult but narrow:Is the non-performing party liable to the disappointed party for breach of contract? Even the clearest grounds for "excuse" do not permit a party to recover (or keep) the price for performance it has not rendered. The issue is whether the party that fails to perform is liable for damages.One notices that the scope of Article79is broad:Exemption may be claimed by either party and may apply to "any" of its "obligations". Analysis of Article79can best commence with paragraphs (1) and (5).(Paragraph (2),(3) and (4) deal with special situations. Domestic rules in this area often bear a family resemblance to each other and to Article79of the Convention but a penetrating study by Professor Nicholas exposes the hazards of relying on "superficial harmony which merely mutes a deeper discord." The Convention (Art.7) enjoins us to interpret its provisions "with regard for its international character and...the need to promote uniformity in its application." This goal would be served if we could (as by a draft from Lethe) purge our minds of presuppositions derived from domestic traditions and, with innocent eyes, read the language of Article79in the light of the practices and needs of international trade. In the absence of such innocence, the preconceptions based on domestic law may be minimized by close attention to the differences between domestic law and the Convention.This article analysis every element which is provided in CISG Article79, so that we can see which person will use this article to exempt. The third party is also in this article. |
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