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 Article #  

  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.


Issues       
# Cases
 1 Fundamental breach
8
  1.1 Lack of conformity of goods
Country # Cases  
Arbitral Award 2  
Austria 2  
Belgium 2  
Denmark 1  
France 2  
Germany 13  
Italy 2  
Netherlands 2  
Spain 4  
Switzerland 3  
USA 3  
Poland 2  
Date Court
11.05.2007 Supreme Court of Poland
07.02.2013 Szczecin Court of Appeal
38
  1.2 Late delivery
13
  1.3 Partial delivery
4
  1.4 Non-delivery
8
  1.5 Non-payment of price
7
  1.6 Other cases
13
Total: 83


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