Q 26-1
Why do you think there is a requirement to give notice under Article 26 CISG?
In the international sales law context, ipso facto avoidance would be unsuitable, as the other party may not be in a position to become aware that the first party has avoided the contract. Moreover, as avoidance needs to be declared for a fundamental breach of contract, there may be uncertainty as to the characteristics of the breach.
Q 26-2
Can a declaration of avoidance be revoked after the notice has reached the other party?
No, under the general principles of this Part (Arts 15(2), 22), a notice of avoidance could only be revoked before the notice has reached the other party.
Q 26-3
(a) What are the requirements for a valid declaration of avoidance under Article 26 CISG?
(b) What requirement does C 26-1 arguably imply into Article 26 CISG?
(a) Sufficient clarity that the party wants to avoid the contract; correct addressee; within time limit (“reasonable time”).
(b) That a declaration of avoidance be made within a reasonable period of time after the aggrieved party
becomes aware of the circumstances giving rise to a fundamental breach of contract.
