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- The seller's right to cure
The seller's right to cure
Angebote / Angebote:
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.
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