Read Article 25CISGand the article byLeonardo Graffi 'Case Law on the Concept of Fundamental Breach in the Vienna Sales Convention'.

1.What is the significance of fundamental breach in the CISG regime?

2.Where does the CISG define 'fundamental breach' (FB)?

3.Graffi states that the definition of FB is vague and complex. Does he say this because,

a)FB is interpreted and applied in many different countries with different ideas as to what FB means

b)The CISG does not provide any examples of what might constitute an FB as opposed to a non-fundamental breach

c)The CISG does not give a clear definition of what constitutes a FB

d)All of the above.

4.Does Graffi say that the degree of economic loss should be the primary indicator of whether there is substantial deprivation or that it is only one factor that should be taken into account, despite some rulings by courts to the contrary?

5.According to Graffi, when is late delivery likely to constitute a fundamental breach?

6.According to Graffi, what criteria have courts used to determine whether delivery of non-conforming goods amounts to a fundamental breach?