Predicting Exemptions and Hardship in CISG Context

TY - CHAP

T1 - Predicting Exemptions and Hardship in CISG Context

AU - Lookofsky, Joseph

PY - 2016

Y1 - 2016

N2 - In this contribution to the Liber Amicorum Festschrift in honor of Peter Møgelvang-Hansen, the author revisits and casts new light on force majeure and liability exemptions under the 1980 UN Convention on Contracts for the International Sale of Goods, including recent developments in CISG Article 79 theory and practice, as well as the advent of a highly controversial conundrum: how to handle ‘hardship’ in the liability-exemptions context? By way of introduction to this particular CISG topic area, the author sketches the larger Sales Convention picture and its relationship to domestic law and also adds some general observations about the nature of CISG case law and academic scholarship.

AB - In this contribution to the Liber Amicorum Festschrift in honor of Peter Møgelvang-Hansen, the author revisits and casts new light on force majeure and liability exemptions under the 1980 UN Convention on Contracts for the International Sale of Goods, including recent developments in CISG Article 79 theory and practice, as well as the advent of a highly controversial conundrum: how to handle ‘hardship’ in the liability-exemptions context? By way of introduction to this particular CISG topic area, the author sketches the larger Sales Convention picture and its relationship to domestic law and also adds some general observations about the nature of CISG case law and academic scholarship.

M3 - Book chapter

SN - 978-87-92598-46-2

SP - 333

EP - 346

BT - Liber Amicorum

A2 - Dahl, Børge

A2 - Riis, Thomas

A2 - Trzaskowski, Jan

PB - Ex Tuto Publishing

CY - København

ER -