Art. 79 CISG
(1) A party is not liable for a failure to perform any of his obligations if he proves that the failure was due to an impediment beyond his control and that he could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome it or its consequences.
(2) If the party's failure is due to the failure by a third person whom he has engaged to perform the whole or a part of the contract, that party is exempt from liability only if:
(3) The exemption provided by this article has effect for the period during which the impediment exists.
(4) The party who fails to perform must give notice to the other party of the impediment and its effect on his ability to perform. If the notice is not received by the other party within a reasonable time after the party who fails to perform knew or ought to have known of the impediment, he is liable for damages resulting from such non-receipt.
(5) Nothing in this article prevents either party from exercising any right other than to claim damages under this Convention.
The Secretariat Commentary on Art. 65 of the 1978 New York Draft, predecessor to Art. 79 CISG, gives insight into the drafters' unterstanding on the eve of the 1980 Vienna Diplomatic Conference.
CISG-AC Opinion regarding Art. 79 CISG
CISG-AC Opinion No. 7 ‘Exemption of Liability for Damages Under Article 79 of the CISG’ (Rapporteur: Alejandro M. Garro), adopted by the CISG Advisory Council at its 11th meeting in Wuhan (China) on 12 October 2007
Overview of case law on Art. 79 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.