Remedies I—General

Abstract This chapter examines the modern, unified approach to remedies for breach of contract under the CISG and the PICC, contrasting it with traditional domestic systems. It explains how the CISG integrates breach-oriented and cause-oriented remedies, offering equal treatment of breaches, specific performance, price reduction, and the Nachfrist mechanism. The chapter analyses the relationship between CISG remedies and concurrent domestic remedies, addressing how the CISG pre-empts domestic rules in cases of mistake, misrepresentation, initial impossibility, tort, and procedural matters when the same factual situation is governed by the Convention. It explores the right to withhold and suspend performance, the seller’s right to cure, and the autonomy of the parties to modify, limit, or expand remedies contractually. The discussion emphasizes the limits imposed by mandatory rules, fairness, and proportionality.