remedies

preserving PICC CISG PECL

performance
Specific performance Article 7.2.1 to Article 28 Article 9.101 To Article 9.105
Article 7.2.5 A court is not bound Monetary obligations:
Monetary to enter a judgement Right to recover money
obligations: for specific Unless a) chance of
performance unless substitute contract,
Right to require
the court would do so unreasonableness in the
performance
under its own law in circumstances.
Non-monetary respect of similar Art 9.102 Non-monetary
obligations: right to contracts of sales. obligations:
require performance Article 46 Right to specific performance
unless, performance Buyer has right to unless
is impossible, require a performance a)unlawful, impossible
unreasonably unless the byer party b)causes unreasonable
expensive, personal resorts to a remedy expenses c)personal
character of which is inconsistence character of performance d)
performance, after with performance. possibility of acquiring
The seller has right to performance from other
passing reasonable
require the seller to sources
time after becoming
pay the price and take damages will be enforces in
aware of non- delivery. any situation
performance. Article 62 After passing reasonable
Article 7.2.3 time after becoming aware of
If decision of court can non-performance.
be enforced then Right to specific performance
party can resort to includes the remedy of
other requirements. defective performance.
Right to specific
performance includes
right to require repair,
replacement or other
cure of defective
performance
Nachfrist for late 7.1.5 47, 49(1)(b), Article 8.106
performance 63 and 64(1)(b)
Cure by non- 7.1.4 48 8.106
performing party
Price reduction for 9.104 50
non-conformity
Termination
PICC CISG PECL
Right to termination Article 7.3.1 Article 25 Article 9:301
Article 47 Article 8:103
Article 49 Article 8:106
Article 63
Article 64
Fundamental non Article 7.3.2 Article 26 Article 9:303
performance Article 39
Article 49
 Article 64
Anticipatory non Article 7.3.3 Article 72 Article 9:304
performance Article 71 Article 8:105

Effects of termination Article 7.3.5 Article 81 Article 9:305

Article 9:302
Article 8:102
restitution 7.3.6 81 9:306
82 9:307
83 9:308
9:309
9:401
Damages
Damages PICC CISG PECL
Right to damage Article 7.4.1 Article 9:501
Article 8:102
Full compensation Article 7.4.2 Article 74 Article 9:502
Article 9:501
Certainty of harm Article 7.4.3 Article 9:501
Foreseeability of harm Article 7.4.4 Article 74 Article 9:503
Proof of harm in case Article 7.4.5 Article 75 Article 9:506
of replacement
Proof of harm by Article 7.4.6 Article 76 Article 9:507
current price
Harm due in part to Article 7.4.7 Article 80 Article 9:504
aggrieved party
Mitigation of harm Article 7.4.8 Article 77 Article 9:505
Interest for failure to Article 7.4.9 Article 78 Article 9:508
pay money
Interest on damages Article 7.4.10
Manner of monetary Article 7.4.11
redress
Currency in which in Article 7.4.12 Article 9:510
assess damages
Agreed payment for Article 7.4.13 Article 9:509
non-performance
Excuses
Force majeure Article 7.1.7 Article 79 Article 8:108
Article 8:101
hardship Article 6.2.1 Article 6.111
Article 6.2.2