Art. 25 CISG

A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result.

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Secretariat Commentary

The Secretariat Commentary on Art. 23 of the 1978 New York Draft, predecessor to Art. 25 CISG, gives insight into the drafters' unterstanding on the eve of the 1980 Vienna Diplomatic Conference.

Commentary on the Draft Convention on Contracts for the International Sale of Goods, prepared by the Secretariat (UN Doc. A/CONF.97/5), in: United Nations Conference on Contracts for the International Sale of Goods, Vienna, 10 March – 11 April 1980, Official Records: Documents of the Conference and Summary Records of the Plenary Meetings and of the Meetings of the Main Committees, New York: United Nations (1991), pp. 14 et seq., at p. 26

CISG-AC Opinion regarding Art. 25 CISG

CISG-AC Opinion No. 5 ‘The Buyer's Right to Avoid the Contract in Case of Non-conforming Goods or Documents’ (Rapporteur: Ingeborg Schwenzer), adopted by the CISG Advisory Council at its 9th meeting in Philadelphia (USA) in 2005

Overview of case law on Art. 25 CISG: UNCITRAL Digest

The UNCITRAL Digest on the CISG can be used as a starting point to discover the relevant case law on this article.

2016 UNCITRAL Digest of case law on Art. 25 CISG