Buyer and Seller entered into a contract governed by the CISG for Seller to deliver a sophisticated
Question:
Buyer and Seller entered into a contract governed by the CISG for Seller to deliver a sophisticated computer to Buyer by January 1. Seller was late in delivering the machine, so Buyer wired Seller on January 2: “Anxious to take delivery of the computer.
Hope that it arrives by February 1.” Seller delivers the computer on February 5, but Buyer refuses to accept it and declares that the contract is avoided because Seller failed to hand over the computer before the February 1 date specified in the January 2 telegram. Both Buyer and Seller agree that there has not been a fundamental breach. Is Buyer able to avoid the contract under these circumstances?
Step by Step Answer:
International Business Law Text Cases And Readings
ISBN: 9780273768616
6th International Edition
Authors: Ray A. August, Don Mayer, Michael Bixby