Specific Performance - Chapter 2 - Remedies in International Sales

Author(s):

Chengwei Liu

Page Count:

40 pages

Media Description:

1 PDF from "Remedies in International Sales"

Published:

June, 2007

Author Detail:

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.

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Originally from Remedies in International Sales - Hardcover
Remedies in International Sales - PDF

Preview Page from Chapter 2

The general purpose of all contract remedies is to place the aggrieved party in as good a position as he would have enjoyed had the other party performed his obligations under the contract. This means that all contract remedies must seek to protect one’s contractual rights. Specific performance is one such remedy available to the aggrieved party. The purpose of specific performance is to help the creditor obtain, to the fullest extent possible, the actual subject matter of his bargain.
In general terms, specific performance means that a party may require the other party to perform its obligations under the contract and seek enforcement through court action.
Most contracts contain a promise of performance. One party undertakes to provide goods, rights or services, and the other side undertakes to pay a sum of money in return. If one party reneges on his promise, however, the problem arises as to whether that party can be sued for specific performance or only for damages arising from non-performance.

Table of Contents:

§2.1 General
§2.2 Overview of the CISG Approach
§2.3 Buyer’s Right to Require Performance: CISG Art. 46 in General
§2.4 Seller’s Right to Require Performance: CISG Art. 62 in General
§2.5 Essentials in Invoking the Rights
2.5.1 Inconsistent remedies to specific performance
2.5.2 Specific performance in relation to damages claim
2.5.3 Non-conformity preconditioning the buyer’s availability
to substitute goods or repair
(a) Introduction
(b) Wrong goods (aliud)
(c) Defects in specific goods
(d) Defects in title
(e) A summary
2.5.4 Fundamental breach as a prerequisite for delivery
of substitute goods
2.5.5 Reasonableness of repair
2.5.6 Request made within the time limit
§2.6 The Compromise under CISG Art.