According to the interpretation in this case (C 51-1), in which cases will avoidance for fundamental breach under Article 51(2) CISG be permissible?
Partial delivery may amount to a fundamental breach of contract, eg where no or no timely substitute transaction for missing goods by the buyer is possible.
Q 51-2
How can the scope of Article 51 CISG be distinguished from Article 49(1)(a) CISG in cases where only certain components of a plant or machine are missing or defective?
If the plant or the machine is to be considered as one item and not as separate goods, Article 49(1)(a) CISG must be applied and not Article 51 CISG.
