Law 5110 Study Guide - Quiz Guide: Force Majeure, Rotterdam Rules, Fundamental Breach
Document Summary
Fundamental breach of contract: art 25: in order for a breach to be considered a fundamental breach, the breach must: that substantially deprived the other party from what they were entitled to expect under the contract . Exemptions from liability: art 79(1): party is not liable for their breach if it was (force majeure, similar concept in common law: hardship or civil law: impossibility): Cisg=gap filler: gap filler: contracts are usually incomplete and non-exhaustive (even the cisg), so there are gap fillers. In the cisg the gap filling provisions can be found in art 7: Art 7(1): interpret cisg with regards to its international character and the need to promote uniformity . Art 7(2): gaps in coverage should be settled in conformity with the general principles on which it is based or with pil and/or its virtues. Hague-visby rules: rules for in carriage of goods by sea, updated/amended the hague rules aka in convention for the unification of certain.
