Failure of performance caused by other party: Editorial remarks on whether and the extent to which the UNIDROIT Principles may be used to help interpret Article 80 of the CISG

Abstract

Article 80 CISG is located in Part III of the Convention in the section entitled “Exemptions.” It provides an excuse for a party's failure to perform when this failure is caused by an act or omission of the other party. This statement, although seemingly self-evident, is nonetheless an important part of the general principle of good faith. In addition to Article 7(1) CISG, its point of reference is not the interpretation of the Convention but the contractual relationship between the parties. Therefore, Article 80 CISG can be seen as an anchor within the Convention regarding the obligation between the parties to observe good faith in their relationship and forbidding contradictory behavior. However, despite the general character of Article 80 CISG, its scope and meaning have yet to be ascertained. The aim of this comparative editorial is to contribute to ascertaining that scope and mearning and to investigate whether and in which way the counterpart provisions of UNIDROIT Principles can be of help thereby. © John Felemegas 2007.