Contract law_CISG

10. Breach of contract and exemptions under the CISG FUNDAMENTAL BREACH The content of the provision relies on a distinction between elements 1. relating to the aggrieved party and 2. elements concerning the party in breach. 1. The former elements are ........................ 2. whereas the latter elements are ........................

1. "substantial detriment" and "contractual expectation", 2. "foreseeability" and "the reasonable person of the same kind standard"

8. Formation of the contract under the CISG Acceptance is (2)

1. A statement made by or other conduct of the offeree 2. indicating assent to an offer.

8. Formation of the contract under the CISG A reply to an offer which purports to be an acceptance but contains • additional or • different terms which • do NOT materially alter the terms of the offer 1. constitutes an .............. 2. unless the offeror, without undue delay, (2)

1. ACCEPTANCE 2. a) objects orally to the discrepancy b) dispatches a notice to that effect.

9. Obligations of the parties under the CISG 1. Ordinary purpose 2. Particular purpose 3. Sample 4. Packaging

1. ARE FIT FOR the purposes for which goods of the same description would ordinarily be used; 2. ARE FIT FOR any particular purpose expressly or impliedly made known to the seller 3. POSSESS the qualities of goods which the seller has held out to the buyer as a sample or model; 4. are CONTAINED or PACKAGED in the manner usual for such goods or, where there is no such manner, in a manner adequate to preserve and protect the goods.

11. The buyer's and the seller's remedies for breach of contract under the CISG Seller's remedies (3)

1. Avoidance 2. specific performance 3. providing specifications

11. The buyer's and the seller's remedies for breach of contract under the CISG Buyer's remedies (5)

1. Avoidance 2. specific performance 3. partial performance 4. price reduction 5. early or excess delivery

The buyer's and the seller's remedies for breach of contract under the CISG Buyer's remedies Replacement of non-conforming goods (2)

1. Fundamental breach 2. Timely notice

9. Obligations of the parties under the CISG Ordinary purpose (3) test

1. Merchantibility test 2. Average quality test 3. Reasonable quality test

7. The sphere of application of the CISG and general provisions EXCLUSION will occur, for example, if parties choose as law applicable to the contract 1. the law of a ............................. or 2. the substantive domestic law of ....................

1. NON-contracting State 2. a contracting state as the

11. The buyer's and the seller's remedies for breach of contract under the CISG Buyer's remedies Repair of non-conforming goods (2)

1. Reasonable request 2. Timely notice

11. The buyer's and the seller's remedies for breach of contract under the CISG Buyer's remedies Seeking specific performance (2)

1. Replacement of non-conforming goods 2. Repair of non-conforming goods

9. Obligations of the parties under the CISG Inspection Time of inspection 1. General 2. Shipment 3. Redirecting

1. Short period of time 2. Final destination 3. Final destination

9. Obligations of the parties under the CISG Third party claims 1. if the BUYER does not give notice to the seller specifying the nature of the right or claim of the third party within a reasonable time after he has become aware or ought to have become aware of the right or claim ............................ AIM

1. The BUYER loses the right to rely on the provisions of article 41 or article 42 2. Aim: encourage communication between parties

12. Damages under the provisions of the CISG Damages for breach of contract by one party 1. consist of .................. ................., 2. including ..............................,

1. a sum equal to theloss 2. loss of profit suffered by the other party as a consequence of the breach.

9. Obligations of the parties under the CISG Notice of non conformity 1. reasonable time after............. or.............. 2. sufficiently ............

1. after discovery or ought to have) 2. specific

12. Damages under the provisions of the CISG The burden of proof concerning foreseeability is much more disputed. 1. The right approach seems to be that it is for the .......................... 2. thus it cannot be presumed that the .......................

1. aggrieved party to prove the foreseeability of the damages, 2. party in breach foresaw all damages unless aggrieved party proves to the contrary.

8. Formation of the contract under the CISG A contract is concluded at the moment when (2)

1. an acceptance of an offer becomes effective 2. in accordance with the provisions of this Convention.

12. Damages under the provisions of the CISG The party in breach may only escape liability on the basis of Article 79 if it can prove that its failure was due to 1. ................................and that it could not reasonably be expected 2. ........................ at the time of the conclusion of the contract or 3. .......................or ..........................

1. an impediment beyond its control 2. to have taken the impediment into account 3. to have avoided or overcome it or its consequences.

7. The sphere of application of the CISG and general provisions Any provision of this Convention that allows a contract of sale or its modification or termination by agreement or any offer, acceptance or other indication of intention 1. to be made in ...................... 2. does NOT apply where ...................

1. any form other than in writing 2. any party which has his place of business in a Contracting State has made a DECLARATION under article 96 of this Convention.

11. The buyer's and the seller's remedies for breach of contract under the CISG Nachfrist period (2)

1. buyer can fix an additional delivery period 2. which is granting an additional time of reasonable length for delivery

7. The sphere of application of the CISG and general provisions If a party has MORE THAN ONE place of business, the place of business is that 1. which has the .................. 2. having regard to the .................

1. closest relationship to the contract and its performance, 2. circumstances known to or contemplated by the parties at any time before, or at the conclusion of the contract

9. Obligations of the parties under the CISG Inspection [Buyer] did NOT meet its obligation to examine [the goods] as defined by Art. 38 CISG by the spot-check-like performance of a MERELY VISUAL EXAMINATION unless a merely visual examination (control), not performed by a skilled person, 1. was ....................................... 2. ............................. Case

1. customary in the trade or commerce of shoes. 2. Trekking Shoes Case

9. Obligations of the parties under the CISG Inspection Kind of inspection 1. An appropriate examination that is ............................ 2. the examination had to be ...............and .......................

1. customary in trade or commerce, had to be performed; 2. thorough and professional

12. Damages under the provisions of the CISG the exceptions (impediment, unforeseeability, unavodability) 1. only relate to the claim of ......................, 2. thus the aggrieved party may exercise ...........................

1. damages 2. any other right1.

10. The buyer's and the seller's remedies for breach of contract under the CISG seller's right to cure 1. the SELLER may, even after the ..................................., remedy at his own expense any failure to perform his obligations, if he can do so without ........................ and without ..................... or uncertainty of reimbursement by the seller of expenses advanced by the buyer. 2. However, the BUYER retains any right to ...................... as provided for in this Convention.

1. date for delivery a) unreasonable delay b) causing the buyer unreasonable inconvenience 2. claim damages

9. Obligations of the parties under the CISG The seller must (3)

1. deliver the goods 2. hand over any documents relating to them and 3. transfer the property in the goods,

7. The sphere of application of the CISG and general provisions Whether the different obligations as to goods and services are agreed upon in ONE MIXED contract or in SEVERAL contracts is a matter of contract interpretation. In the interpretation of the parties' agreements relevant factors include, inter alia, (3)

1. denomination and the entire content of the contract 2. the structure of the price 3. the weight given by the parties to the different obligations under the contract.

10. Breach of contract and exemptions under the CISG Article 25 defines a "fundamental" breach as a breach of contract that 1. results in such ................................. 2. to deprive him of what .......................... UNLESS 1. the party in breach ........................... and 2. a reasonable person of the same kind in the same circumstances..............................................

1. detriment to the other party as substantially 2. he is entitled to expect under the contract, 1. did not foresee 2. would not have foreseen

10. Breach of contract and exemptions under the CISG The distinction between "fundamental" and "non-fundamental" breach may 1. lead to ................................... and 2. is therefore of ........................... in the Convention.

1. different legal consequences 2. major importance

7. The sphere of application of the CISG and general provisions The fact that the parties have their places of business in different States is to be DISREGARDED whenever this fact does not appear (3)

1. either from the contract or 2. from any dealings or 3. information disclosed at any time before or at the conclusion of the contract.

7. The sphere of application of the CISG and general provisions The basic PRINCIPLE OF CONTRACTUAL FREEDOM in the international sale of goods is recognized by the provision that permits the parties to (3)

1. exclude the application of this Convention or 2. derogate from its provisions or 3. vary the effect of any of its provisions

7. The sphere of application of the CISG and general provisions The CISG does NOT apply to SALES on ()

1. execution or otherwise by authority of law 2. stocks, shares, investment securities, negotiable instruments or money;

12. Damages under the provisions of the CISG Damages may NOT exceed the loss which the paty in breach ................................

1. foresaw or ought to have foreseen 2. at the time of the conclusion of the contract

8. Formation of the contract under the CISG The inclusion of STANDARD TERMS under the CISG is determined according to the rules for the (2)

1. formation 2. interpretation of contracts

7. The sphere of application of the CISG and general provisions 1. This Convention governs only the ..................... and 2. is NOT concerned with: .........................

1. formation of the contract of sale and 2. the rights of the seller and the buyer obligations arising from such contract

11. The buyer's and the seller's remedies for breach of contract under the CISG The SELLER may declare the contract avoided in cases where

1. fundamental breach 2. Nachfrist notice and continued non-performance 3. Buyer paid price a) late performance + declare avoidance BEFORE becoming aware of performance b) any other breach + declare avoidance within reasonable time after knowledge of breach , reasonable time after Nachfrist notice and non- performance

11. The buyer's and the seller's remedies for breach of contract under the CISG The BUYER may declare the contract avoided in cases where

1. fundamental breach 2. Non-delivery, Nachfrist notice and continued non-performance 3. Delivered goods a) late delivery + declare avoidance within reasonable time after delivery b) any other breach + declare avoidance within reasonable time after knowledge of breach , reasonable time after Nachfrist notice and non-performance, reasonable time after non-performance

10. Breach of contract and exemptions under the CISG 1. foreseeability of detrimental results is ..................... 2. Unforeseeability of detrimental results is ..................

1. fundamental breach 2. NOT fundamental breach

11. The buyer's and the seller's remedies for breach of contract under the CISG The BUYER may declare the contract avoided IF 1. the failure by the seller to perform any of his obligations under the contract or this Convention amounts to a .............................. OR 2. in case of ............................. o if the seller does not deliver the goods within the additional period of time fixed by the buyer or o declares that he will not deliver within the period so fixed

1. fundamental breach of contract 2. non-delivery

7. The sphere of application of the CISG and general provisions Questions concerning matters governed by this Convention which are NOT expressly settled in it are to be settled 1. in conformity with the .................. 2. in the absence of such principles, in conformity with the ............

1. general principles on which it is based or, 2. law applicable by virtue of the rules of PIL

10. Breach of contract and exemptions under the CISG 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: (2)

1. he is exempt under the preceding paragraph; (impediment, foreseeability) and 2. the person whom he has so engaged would be so exempt if the provisions of that paragraph were applied to him.

8. Formation of the contract under the CISG An offer CANNOT BE revoked: (2)

1. if it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable or 2. if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer.

8. Formation of the contract under the CISG 1. An oral offer must be accepted ................. unless 2. the circumstances ..................

1. immediately 2. indicate othervise

10. Breach of contract and exemptions under the CISG A party is NOT liable for a failure to perform any of its obligations if 1. he proves that the failure was due to an .................................. and that he could not reasonably be expected to 2. have .................................. at the time of the conclusion of the contract or 3. to have ..............................

1. impediment beyond his control (impediment) 2. taken the impediment into account (unforeseeability) 3. avoided it or its consequences (unavoidable)

8. Formation of the contract under the CISG A proposal other than one 1. addressed to one or more SPECIFIC PERSONS is to be considered merely as an ............... unless 2. the contrary is clearly .................

1. invitation to make offers, 2. indicated by the person making the proposal.

8. Formation of the contract under the CISG A proposal for concluding a contract / addressed to one or more specific persons constitutes an offer if (2)

1. is sufficiently definite and 2. indicates the intention of the offerror to be bound in case of acceptance

7. The sphere of application of the CISG and general provisions For the purposes of this Convention STATEMENTS made by and OTHER CONDUCT of a party are to be interpreted according to his INTENT (2) where the other party (2) .......................

1. knew or 2. could not have been unaware what that intent was

7. The sphere of application of the CISG and general provisions The parties are considered, unless otherwise agreed, to have IMPLIEDLY made applicable to their contract or its formation an USAGE 1. of which the parties ............................. and 2. which in international trade .........................

1. knew or ought to have known 2. widely known and regularly observed by, parties to contracts of the type involved in the particular trade concerned.

12. Damages under the provisions of the CISG 1. A party who relies on a breach of contract .......................... 2. If he fails to take such measures, the party in breach .......................

1. must take such measures as are reasonable in the circumstances mitigate the loss, 2. may claim a reduction in the damages in the amount by which the loss should have been mitigated.

12. Damages under the provisions of the CISG The aggrieved party is entitled to additional costs reasonably incurred as a result (2)

1. of the breach and 2. of measures taken to mitigate the loss

10. Breach of contract and exemptions under the CISG The SELLER is required to deliver goods 1. which are of the ............................................................................. 2. and which are .................................. ..........................................

1. of the quantity, quality and description required by the contract 2. contained or packaged in the manner required by the contract.

8. Formation of the contract under the CISG A LATE ACCEPTANCE is nevertheless effective as an acceptance if without delay the offeror 1. 2.

1. orally so informs the offeree 2. dispatches a notice to that effect.

7. The sphere of application of the CISG and general provisions Plain Meaning Rule prevents a court from considering evidence (2)

1. outside a seemingly unambiguous writing 2. for purposes of contractual interpretation.

9. Obligations of the parties under the CISG The buyer must (2)

1. pay the price 2. take delivery

10. Breach of contract and exemptions under the CISG If the buyer fails to do so he is in breach of contract The buyer most important obligations are (2)

1. pay the price for the goods 2. take delivery of them".

7. The sphere of application of the CISG and general provisions 1. The CISG does NOT apply to sales of goods bought for ............................. UNLESS 2. the seller, at any time before or at the conclusion of the contract..........................

1. personal, family or household use 2. neither knew / nor ought to have known that the goods were bought for any such use;

7. The sphere of application of the CISG and general provisions CISG applies contracts of sale of goods: 1. Between parties whose places of business .................. 2. When the rules of private international law lead .....................

1. places of business are in different States 2.to the application of the law of a Contracting State.

7. The sphere of application of the CISG and general provisions This Convention does NOT apply to CONTRACTS 1. in which the .......................... 2. consists in the supply ...................

1. preponderant part of the obligations of the SELLER 2. of labour or other services.

12. Damages under the provisions of the CISG (1) If the contract is avoided and there is a current price for the goods, the party claiming damages may, if he has not made a purchase or resale under article 75, 1. recover the difference between the .................................... 2. as well as any further damages recoverable under article 74.

1. price fixed by the contract and the current price at the time of avoidance 2. further damages

9. Obligations of the parties under the CISG if the BUYER has a REASONABLE EXCUSE for his failure to give the required NOTICE OF NON-CONFORMITY the BUYER may ........................(2)

1. reduce the price in accordance with article 50 or 2. claim damages, (except for loss of profit)

8. Formation of the contract under the CISG A reply to an offer which purports to be an acceptance but contains • additions, • limitations or • other modifications is a 1 is a ................. 2. constitutes a ...............

1. rejection of the offer 2. counter-offer

7. The sphere of application of the CISG and general provisions In determining the effect of such a Merger Clause, 1. the parties' ............................... 2. as well as all other ........................ shall be taken into account.

1. statements and negotiations 2. relevant circumstances

7. The sphere of application of the CISG and general provisions In determining 1. the intent of a party or 2. the understanding a reasonable person would have had, due consideration is to be given to ................................ .......................

1. subjective interpretation 2. objective interpretation 3. all relevant circumstances of the case

12. Damages under the provisions of the CISG 1. The aggrieved party has the burden to prove, with reasonable certainty, that it ............................ 2. The aggrieved party also has the burden to prove ..................................., but need not do so with mathematical precision.

1. suffered loss 2. the extent of the loss

8. Formation of the contract under the CISG Until a contract is concluded an offer may be revoked if (2)

1. the REVOCATION reaches the offeree 2. before he has dispatched an ACCEPTANCE

8. Formation of the contract under the CISG An offer, even if it is irrevocable, may be withdrawn if (2)

1. the WITHDRAWAL reaches the offeree 2. before or at the same time OFFER

10. Breach of contract and exemptions under the CISG The party in breach may claim that he was not able to foresee such a detriment with the consequence that (2)

1. the breach of contract does not amount to a fundamental one 2. allows the party in breach to prevent avoidance

12. Damages under the provisions of the CISG If the contract is avoided and if, , the buyer has bought goods in replacement or the seller has resold the goods, the party claiming damages 1. may recover the difference between ....................................... 2. as well as any ......................... recoverable under article 74.

1. the contract price and the price in the substitute transaction 2. further damages

8. Formation of the contract under the CISG A proposal is sufficiently definite if 1. it indicates the ........................... and 2. expressly or implicitly fixes ..............

1. the goods 2. the quantity and the price

10. Breach of contract and exemptions under the CISG The seller is under the obligation 1. to "deliver .................. 2. hand over ................................. and 3. transfer the ...................................." He must do so (time) "within a ....................... after the .....................

1. the goods, 2. any documents relating to them 3. property in the goods reasonable time conclusion of the contract.

7. The sphere of application of the CISG and general provisions Due consideration is to be given to all relevant circumstances of the case including (4)

1. the negotiations 2. any practices which the parties have established between themselves, 3. usages 4. any subsequent conduct

8. Formation of the contract under the CISG Standard terms are included in the contract where 1. 2.

1. the parties have expressly or impliedl agreed to their inclusion • at the time of the formation of the contract and 2. the other party had a reasonable opportunity to take notice of the terms.

10. Breach of contract and exemptions under the CISG The breach is a fundamental breach if

1. the party in breach foresaw and 2. a reasonable person o of the same kind o in the same circumstances would have foreseen such a result.

8. Formation of the contract under the CISG Additional or different terms relating, among other things, to (6) are considered to alter the terms of the offer materially

1. the price, 2. payment, 3. quality and quantity of the goods, 4. place and time of delivery, 5. extent of one party's liability to the other or 6. the settlement of disputes

9. Obligations of the parties under the CISG Conformity of the goods The seller must deliver goods which are of 1. ..................... 2. ........................... and 3. ................................ required by the contract and which are .....................or................. in the manner required by the contract.

1. the quantity, 2. quality and 3. description 4. contained or 5. packaged

10. Breach of contract and exemptions under the CISG Any foreseeability of a substantial detriment 1. before ........................... but 2. after ....................................... is to be taken into consideration

1. the time of breach 2. the time of conclusion

8. Formation of the contract under the CISG An acceptance may be withdrawn if

1. the withdrawal reaches the offeror before or at the same time as 2. the acceptance would have become effective.

12. Damages under the provisions of the CISG The party claiming damages must prove three conditions:

1. there was a breach of contract; 2. it suffered damage as a result of the breach; 3. the damage was foreseeable.

9. Obligations of the parties under the CISG Inspection (2)

1. time of inspection 2. kind of inspection

9. Obligations of the parties under the CISG Notice of non conformity 1. the period for examination of the goods under article 38 and 2. the period for giving notice under article 39. The Convention requires these two periods (2) ...........................

1. to be distinguished and 2. kept separate,

7. The sphere of application of the CISG and general provisions 1. Contracts for the supply of goods ................................... are to be considered sales UNLESS 2. the party who orders the goods ..........................

1. to be manufactured or produced 2. undertakes to supply a SUBSTANTIAL PART of the materials necessary for such manufacture or production.

7. The sphere of application of the CISG and general provisions In the interpretation of this Convention, regard is to be had to (3)

1. to its international character 2. to the need to promote uniformity in its application 3. to good faith in international trade

7. The sphere of application of the CISG and general provisions The parties are bound by 1. by any usage .............................. 2. by any practice ....................

1. to which they have agreed 2. which they have established between themselves.

7. The sphere of application of the CISG and general provisions This Convention, it is NOT concerned with:(2)

1. with the VALIDITY of the contract or of any of its provisions or of any usage; 2. with the EFFECT which the contract may have ON the PROPERTY in the goods sold

8. Formation of the contract under the CISG 1. An acceptance is NOT EFFECTIVE if the indication of assent does NOT reach the offeror (2) 2. due account being taken of the circumstances of the transaction, including

1. within the time he has fixed or, if no time is fixed, within a reasonable time 2. the rapidity of the means of communication employed by the offeror.

7. The sphere of application of the CISG and general provisions A contract of sale 1. need NOT be concluded in or evidenced by .......... 2. it is not subject ............

1. writing 2. to any other requirement

11. The buyer's and the seller's remedies for breach of contract under the CISG The CISG makes the following remedies available for the buyer in case of breach of contract by the seller. A) Claims for Performance: .................. ..................... ....................... B) Avoidance of the contract and its limit: the seller's right to .................. C) Reduction of the .............. [Art. 50] D) Remedies for partial .................... or partial ................. [Art. 51] E) Refusal to take ................. or delivery of ............... [Art. 52 (1) and (2)] F) Suspension of ..................... [Art. 71] G) Claim for ..................

A) right to performance reparation delivery of substitute goods B) cure C) price D) non-performance or lack of conformity E) early delivery / excess goods F) performance G) damages

11. The buyer's and the seller's remedies for breach of contract under the CISG The BUYER may declare the contract avoided in cases where the seller has has DELIVERED THE GOODS the buyer loses the right to declare the contract avoided unless he does so: • in respect of late delivery, ........................... • in respect of any breach other than late delivery.................................

DELIVERED THE GOODS 1. within a reasonable time after he has become aware that delivery has been made; 2. within a reasonable time

7. The sphere of application of the CISG and general provisions A Merger Clause, also referred to as an ........................

Entire Agreement Clause

7. The sphere of application of the CISG and general provisions Merger Clause (effect) The effect may be to prevent a party from relying on evidence of statements or agreements

NOT contained in the writing.

7. The sphere of application of the CISG and general provisions The .........................has not been incorporated into the CISG The ................................ does not apply under the CISG.

Parol Evidence Rule Plain Meaning Rule

8. Formation of the contract under the CISG An offer, even if it is irrevocable, is TERMINATED when ...............................

a REJECTION reaches the offeror.

7. The sphere of application of the CISG and general provisions If the parties so intend, a Merger Clause may ....................

bar evidence of trade usages

12. Damages under the provisions of the CISG Damages must not place the aggrieved party in a ..............................

better position than it would have enjoyed if the contract had been properly performed

10. Breach of contract and exemptions under the CISG The SELLER is in breach of the contract: If the seller does not ......................

comply with one of the requirements of the contract.

12. Damages under the provisions of the CISG If there was not Substitute transaction Damage= .................................. + .......................................................................

current market price - original price Any other losses, incl. loss of profit

7. The sphere of application of the CISG and general provisions This Convention does NOT apply to the liability of the seller for

death or personal injury caused by the goods to any person

7. The sphere of application of the CISG and general provisions DEROGATION from the Convention will occur whenever a provision in the contract provides ................

different rule from that found in the Convention.

8. Formation of the contract under the CISG Silence or inactivity

does NOT in itself amount to acceptance.

7. The sphere of application of the CISG and general provisions When disputes will arise, all parties, including ...................and ....................., are admonished 1. to observe its international character and 2. to promote uniformity in its application and 3. the observance of good faith in international trade

domestic courts and arbitral tribunals

10. Breach of contract and exemptions under the CISG The exemption provided by this article has effect for the period .........................

during which the impediment exists.

7. The sphere of application of the CISG and general provisions In interpreting the words "substantial part" under Article 3(1) CISG, primarily an .......................

economic value criterion should be used.

12. Damages under the provisions of the CISG Article 74 reflects the general principle of ....................................

full compensation

12. Damages under the provisions of the CISG The aggrieved party is entitled to damages for loss of ...........................

goodwill as a consequence of the breach

8. Formation of the contract under the CISG An acceptance of an offer becomes EFFECTIVE at the moment the .....................

indication of assent reaches the offeror.

7. The sphere of application of the CISG and general provisions Merger Clause when in a contract governed by the CISG, derogates from norms of ................and ................

interpretation and evidence contained in the CISG.

7. The sphere of application of the CISG and general provisions Parole evidence rule, common law, it is only important what .................

is written in the contract

12. Damages under the provisions of the CISG Under Article 74, the aggrieved party CANNOT recover expenses associated with .............................................

litigation of the breach

8. Formation of the contract under the CISG An offer becomes EFFECTIVE when it .................

reaches the offeree

7. The sphere of application of the CISG and general provisions If a party does NOT have a place of business, ............................................

reference is to be made to his habitual residence

12. Damages under the provisions of the CISG If Substitute transaction possible Damage=

substitute price - original price

10. Breach of contract and exemptions under the CISG If a detrimental result was not foreseeable at the time of the conclusion of contract, and becomes foreseeable after that,

the party in breach cannot claim that the detrimental result was unforeseeable.

10. The buyer's and the seller's remedies for breach of contract under the CISG Avoidance of the contract and its limit: .......................

the seller's right to cure