Originally from Remedies in International Sales - Hardcover
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Preview Page from Chapter 6

§6.1 General
Whether the aggrieved party should have the right to avoid the contract in the case of a non-performance by the other party depends upon a weighing of conflicting considerations. On the one hand, the aggrieved party may desire broad rights of avoidance. The aggrieved party will have good reasons for avoiding the contract if the performance is so different from that for which the party bargained that it cannot be used for its intended purpose, or if performance is so late that the aggrieved party’s interest in it is lost, or the behavior of the non-performing party may in other respects be such that the aggrieved party should be permitted to avoid the contract. In some situations, avoidance will be the only remedy that will properly safeguard the aggrieved party’s interests, for instance,when the defaulting party is insolvent and cannot perform its obligations or pay damages.
The aggrieved party may also wish to be able to avoid in less serious cases. A party that fears that the other party may not perform its obligations may wish to take advantage of the fact that the threat of avoidance is a powerful incentive to the other to perform; this may ensure that the other performs every obligation in complete compliance with the contract. The advantages of avoidance are clear: “Avoidance makes it possible for the aggrieved party to clarify his situation by reselling or repurchasing the goods required by the initial contract. The aggrieved party may not mind in such a detrimental situation, whether the non-performing party changes his mind and fulfils the contract.”