Can a Change of Circumstances Qualify as an Impediment under Article 79 of the CISG?

Professor, Sang Man Kim; Professor, Jongho Kim

Article 79 of the CISG exempts a party from liability for damages caused by an impediment beyond the party's control. Article 79(1) specifies the requirements for the exemption and states that the existence of an impediment is prerequisite for the exemption. However, Article 79 does not define "impediment", nor do any other relevant articles. Although a change of circumstances has been frequently claimed to warrant an exemption, no provision of the CISG clearly states whether a change of circumstances can constitute an impediment to warrant an exemption. Although the exemption under Article 79 is confined to liability for damages, Article 79 is one of the most challenging provisions of the CISG in that it limits the absolute liability doctrine at common law. This paper considers what constitutes an impediment and whether a change of circumstances can constitute an impediment that will warrant an exemption.

UNITED Nations Convention on Contracts for the International Sale of Goods (1980); EXEMPTION (Law); DAMAGE claims; WARRANTS (Law); SALES contracts

Chinese Journal of International Law, 2019, Vol 18, Issue 1, p129

1540-1650

Academic Journal

10.1093/chinesejil/jmy035