Price Reduction for Non-Conformity - Chapter 4 - Remedies in International Sales
About the Author:
Chengwei Liu has practiced as a PRC lawyer in international trade and arbitration, FDI, M & A and IPO since his graduation from Renmin University of China. He has contributed to a CISG comparative review book published by Cambridge University Press and has authored over ten journal articles that have appeared in the Pace Review of the CISG, China Law & Practice, etc.
About the Editor:
Marie Stefanini Newman is the Director of the Pace University School of Law Library and an Associate Professor of Law. She also serves as Database Manager of the Pace website devoted to the United Nations Convention on Contracts for the International Sale of Goods.
Originally from Remedies in International Sales - Hardcover
Remedies in International Sales - PDF
Preview Page from Chapter 4
§4.1 General
Price reduction, naturally a unilateral right of the aggrieved buyer to whom non-conforming goods have been delivered, is another remedy reflecting the focus on preserving the contract. There is agreement that this remedy enables the bargain to be preserved. “The purpose of the remedy is to allow the buyer to keep defective goods and pay the price it otherwise would have paid had it been aware of the hidden defects in the goods.” Especially under those legal systems where the remedy of damages is limited to cases of fault, price reduction is a particularly useful remedy, since, unlike contractual damages, the buyer can obtain the remedy without having to prove fault on the part of the seller.
Initially a Roman law tradition (actio quanti minoris), price reduction entered into most codifications, including those of socialist and third world nations, as a supplement to the remedy of damages, a remedy which these legal systems limit to cases where there is fault. Where the buyer accepts that goods do not conform with the contract, and the seller is not at fault, price reduction provides a further remedy of pecuniary compensation; it is a popular and important remedy in daily national and international practice.
Section
§4.1 General
§4.2 Unilateral Right of the Buyer as a Self-help Remedy
§4.3 The Remedy in Comparison with Damages
4.3.1 Overview
4.3.2 Primarily concerned with preserving the bargain
4.3.3 The only available pecuniary remedy in case of exemption
under CISG Art. 79
4.3.4 An alternative to damages at the buyer’s choice
4.3.5 Incompatible with damages to the extent they overlap
4.3.6 A summary
§4.4 Application of the Remedy
4.4.1 Limited to the case of non-conformity
4.4.2 Preconditioned by the notice of non-conformity
4.4.3 Subject to seller’s cure under CISG Art. 48
4.4.4 Exercised by a valid declaration indicating the intention of
reduction
§4.5 Calculation of the Reduction
4.5.1 A proportional calculation
4.5.2 Reduction of the price to zero
4.5.3 Time and place for measuring the reduction