...This commentary focuses on Article 3.2.9 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning confirmation. Under Art 3.2.9, if the party entitled to avoid the contract expressly or impliedly confirms the contract after the period of time for giving notice of avoidance...

...This commentary focuses on Article 3.2.10 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the loss of right to avoid a contract. Where one party is entitled to avoid the contract for mistake, Art 3.2.10 aims at giving the other party the chance to save...

...This commentary focuses on Article 3.2.12 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning time limits for exercising the right to avoid the contract. Art 3.2.12 stipulates that notice of avoidance shall be given within a reasonable time, having regard...

..., application of the general rules relating to obligations to the restitutionary obligations created by Art 3.2.15, and burden of proof for the requirements of a restitutionary claim arising after avoidance. Avoidance of contract Breach of contract Interpretation of contract Termination/unwinding of contract...

...Avoidance of contract Remedies for breach of contract Anticipatory breach and damages 47.01 The concept of avoidance of contract has in many of its facets given rise to long-standing debates. Although nowadays certain convergences can be ascertained, the traditional starting points often...

...Reduction of price Avoidance of contract Remedies for breach of contract 48.01 Price reduction is a remedy that is primarily known in civil law countries. The buyer keeps the non-conforming goods but the contract price is adjusted according to the lesser value of the goods. Functionally...

... of breaches such as damages, specific performance, and avoidance. CISG had been a notable proponent in building a modern approach to remedies. Avoidance of contract Breach of contract Damages and contract Performance of contract Contract clauses and damages Exclusion or limit of liability Reduction...

...This chapter notes the notion of avoidance, which represents the most severe interference with the contractual relationship established between the parties. The conceptual guidelines of the CISG are used to remedy the avoidance of contracts. The ambiguity of the term ‘avoidance’ also pervades...

... are applicable even if they are included in standard terms of business. Avoidance of contract Damages and contract Performance of contract Remedies for breach of contract UN Sales Convention and choice of law Price and damages Date of delivery Goods Obligations of the seller Article 48 CISG...

...This chapter expounds on the buyer’s right to avoid a contract. Article 49 covers the preconditions for the buyer’s right to avoid the contract in the event of the seller’s breach of contract. Avoidance of the contract results in the extinction of both parties’ obligations and in restitution...

... an election to rescind could be achieved through pleading. When a transaction is voidable in equity, the election to rescind could only be effective under the conditions of fraud. Avoidance of contract Illegality and contract Termination/unwinding of contract Validity of contract 11.01 A voidable...

... redundant after the Judicature reforms. It also looks into the discretion used to grant rescissions. Avoidance of contract Illegality and contract Termination/unwinding of contract Validity of contract 12.01 A core feature of rescission is that it extinguishes ab initio any...

... to obtain a proprietary interest in assets upon rescission through assignment and conveyance. Avoidance of contract Contract and transfer of title Passing of property 22.01 An unexercised right to recover property on rescission is said to be a personal right in the nature of an equity or mere...

...Delivery and obligations of the seller Documents of title Performance of contract Avoidance of contract Breach of contract 5.01 This chapter is divided into two parts. First, it deals with the contractual relations of seller and buyer and the scope of the title to the goods that under...

...Avoidance of contract Performance of contract Validity of contract Applicable law Applicable law to non-contractual obligations Culpa in Contrahendo Scope of the law applicable under the Rome II Regulation Non-contractual obligations Contract Tort/delict Article 12 Culpa in contrahendo...

... of a threat by a third party could avoid the contract. Third parties Avoidance of contract Interpretation of contract Performance of contract Termination/unwinding of contract Validity of contract Unidroit Principles and choice of law (Third persons) (1) Where fraud, threat...

...This commentary focuses on Article 3.2.11 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning notice of avoidance. Under Art 3.2.11, the right of a party to avoid the contract is exercised by notice to the other party. The purpose of Art 3.2.11 is twofold. First...

.... Avoidance of contract Breach of contract Interpretation of contract Termination/unwinding of contract Validity of contract Unidroit Principles and choice of law (Retroactive effect of avoidance) Avoidance takes effect retroactively. I. The effect of retroactive avoidance...

.... Avoidance of contract Breach of contract Termination/unwinding of contract Unidroit Principles and choice of law Burden of proof and damages Contract clauses and damages (Damages) Irrespective of whether or not the contract has been avoided, the party who knew or ought to have known of the ground...

... 4.2(1) or Art 4.2(2). Avoidance of contract Breach of contract Interpretation of contract Validity of contract Unidroit Principles and choice of law Burden of proof and damages (Interpretation of statements and other conduct) (1) The statements and other conduct of a party...