How do the British law and United Nations Conv
问题详情
How do the British law and United Nations Convention on Contracts for the International Sale of Goods interpret the "breach of contract" ?
参考答案
According to the British /aw, terms of a contract are either warranties or conditions.Warranties are terms of the contract, which are binding upon the parties, but if they are broken they do not amount to breach of contract.Conditions are terms of contract to which the parties, when making the contract, attach such importance that it can truly be described as being of the essence of the contract.lt goes to the root of the contract.To break a condition will usually amount to breach of contract.
According to United Nations Convention on Contracts for the International Sale of Goods, " breach " can be either " fundamental breach ", or " non-fundamental breach " .A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result.lf such detriment to the other party is not so substantial, then the breach of contract is non-fundamental.