Which general rule of the Convention’s remedies concept is affirmed in Article 83 CISG?
Article 83 CISG affirms the general rule that the various remedies available under the CISG exist independently from each other.
Q 83-2
Why will remedies other than damages and reduction of the purchase price be of only limited relevance in connection with Article 83 CISG?
Requiring repair will often not make sense: if the buyer was entitled to declare the contract avoided and is then barred from doing so because of Article 82(1), a remedy by repair will generally be ‘unreasonable’ within the meaning of Article 46(3) CISG. Also, the right of performance (Art 46(1)) will usually not be available because, in order for Articles 82 and 83 to apply, the buyer has already received the goods. The right to claim substitute delivery will not be available either because Article 82 bars not only the right to avoid but also the right of substitute delivery.
