DIFFERENCES OF REMEDIES FOR BREACH OF CON

No Remedies

Avoidance of contract (Hủy hợp

1
đồng)

2 Specific performance

3 Damages
3 Damages

4 Suspension of performance
DIFFERENCES OF REMEDIES FOR BREACH OF CONTRACT IN CISG AND VN LAW

CISG 1980

Similarity: have fundamental breach of contract

Art 49, 64, 72, 73

- Art 49
- Art 72.1: If prior to the date for performance of the contract it is clear that one of
the parties will commit a fundamental breach of contract, the other party may declare
the contract avoided. (vi phạm trước thời hạn: trước tgian quy định có dấu hiệu không
thực hiện hợp đồng (VN không công nhận))
- ngoài vi phạm cơ bản, CISG còn quy định thêm những trường hợp có thể hủy hợp
đồng (mà VN không quy định)
+ không thực hiện trách nhiệm trong thời gian quy định
+ vi phạm trước thời hạn

Art 46, 62 regardless of whether the non-conformity causes fundamental breach

Similarity: damages should not be over actual loss

 Section II (Article 74-77)
- (Art 74) value of damage: a sum equal to the loss, including loss of profit, suffered
by the other party as a consequence of the breach. Such damages may not exceed the
loss which the party in breach foresaw or ought to have foreseen at the time of the
conclusion of the contract, in the light of the facts and matters of which he then knew
or ought to have known, as a possible consequence of the breach of contract. =>
foreseeability (rely on factor whether can be forseeable damages or loss at the
time of conclusion of the contract )
- ways to calculate the damages : 2 ways
+ (Art 75) the buyer has bought goods in replacement or the seller has resold the
goods, the party claiming damages may recover the difference between the contract
price and the price in the substitute transaction as well as any further damages
recoverable
+ (Art 76.1) if he has not made a purchase or resale, damagesrecover the difference
between the price fixed by the contract and the current price at the time of avoidance
as well as any further damages recoverable

Article 71: A party may suspend the performance of his obligations if, after the
conclusion of the contract, it becomes apparent that the other party will not perform a
substantial part of his obligations
SG AND VN LAW

Vietnamese Commercial Law 2005

ental breach of contract

Những trường hợp được hủy hợp đồng:

- những trường hợp đã được thỏa thuận trong hợp đồng
- xảy ra vi phạm cơ bản

Art 297 Not specify whether non confrmity causes CISG quy định lack of
fundermantel breach. conformity sẽ dẫn đến
fundamental breach còn
Vietnamese Commercial
Law k regulate cái đấy

ld not be over actual loss

Article 302:
- the value of damages for loss shall comprise the value of
the actual and direct loss which the aggrieved party has borne
due to [the breach of] the defaulting party as well as the direct
profits which the aggrieved party would have earned in the
absence of such breach => actuality and directness (direct
loss caused by the breaching party)
- ways to calculate the damages: not mention

Commercial law 2005 stipulates two cases of suspension of

contract performance, which is when a breach occurs that the
parties have agreed as a condition for the suspension of
contract performance, or one party fundamentally violates a
contractual obligation (Art 308 +309):
- Upon commission of a breaching act which serves as a
condition for the suspension of performance of the contract as
agreed upon by the parties
- Upon a substantial breach of contractual obligations by a
party