Keywords Abstract FullText Sources Print Close

Keywords

Date: 12.10.2001 Country: Australia Number: SDN BHD [200]1QCA 433 Court: Supreme Court of Queensland - Court of Appeal Parties: Downs Investment P/L v. Perwaja Steel Citation: http://www.unilex.info/case.cfm?id=968

APPLICABILITY OF CISG (ART. 1 CISG) - NO NEED OF EXPRESS REFERENCE BY PARTIES AVOIDANCE (TERMINATION) OF CONTRACT FOR FUNDAMENTAL BREACH BY BUYER (ARTS. 64(1)(A) AND 25 CISG) - FAILURE TO TIMELY ISSUE A LETTER OF CREDIT - ESSENTIAL TERM OF CONTRACT - BREACH FUNDAMENTAL DAMAGES - CALCULATION OF DAMAGES - SELLER ENTITLED TO SUBSTITUTE TRANSACTION ALSO IN CASE OF "FUNGIBLE" GOODS - DIFFERENCE BETWEEN THE CONTRACT PRICE AND THE RESALE PRICE (ART. 75 CISG) - RESALE TO BE CONDUCTED IN A REASONABLE MANNER AND WITHIN A REASONABLE TIME DAMAGES - FORESEEABILITY OF LOSS BY PARTY AT TIME OF CONCLUSION OF CONTRACT (ART. 74 CISG)