A seller in Japan agrees to deliver 1,000 special high-speed photomax printers of the latest design to a buyer in the United Kingdom. The delivery date is April 25, and the UK buyer inserts a clause into the contract that "time is of the essence" since the buyer has a resale contract with a major retail marketer-customer.

On April 15, the Japanese seller telephones the UK buyer and apologizes profusely—a major subcontractor is in financial difficulty, and the delivery of the printers will be delayed.

The UK buyer calls his customer and is told that the customer needs the machines without fail on April 27 for a promotion already announced.

What options does the UK buyer have under the CISG?

Suppose, alternatively, that the UK buyer's customer is agreeable to waiting until May 15 for the delivery. What then? 

Answer rating: 100% (QA)

Buyers Options under CISG Scenario 1 Buyer Needs Delivery by April 27 Avoidance Since time is of the essence was explicitly stated and delivery will b... View the full answer