The seller's right to cure

Andreas Leukart

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In case of a seller's breach of contract, the parties are confronted with challenging decisions. In particular, the question arise...

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Beschreibung

In case of a seller's breach of contract, the parties are confronted with challenging decisions. In particular, the question arises whether the buyer is entitled to avoid the contract or whether the seller has the option to cure the breach of contract. Especially the possibility of a seller's cure, although widely used in daily business, poses a multitude of unsettled legal questions, ranging from its acceptance in legal statutes to the actual performance of a seller's cure. The present study is based on the United Nations Convention on Contracts for the International Sale of Goods (CISG), additionally taking into account the situation of the seller's right to cure under English as well as Swiss Sales Law. Moreover, the discussion covers the seller's right to cure and its position in standard terms. In these contexts, the author analyses the problems of, as well as the possible solutions to, a seller's right to cure, thereby highlighting its existence, its modalities, the possible interests involved as well as its consequences for the legal relationship between the seller and the buyer.