SALE OF GOODS
Chapter I
GENERAL PROVISIONS
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.
CASE LAW:
judgement KS ZA from 25 October 2007, rec. no. 15Cb/10/2004
CISG ADVISORY COUNCIL OPINIONS:
CISG AC OPINION 5: The buyer's right to avoid the contract in case of non-conforming goods or documents
LITERATURE:
see also annotated Article 25 in Pace Database
see also case law to article 25 in the UNCITRAL Digest of case law
