GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) The buyer may declare the contract avoided: (a) if the failure by the seller to perform any of his obligations under the contract or this Convention amounts to a fundamental breach of contract; or (b) in case of non-delivery, if the seller does not deliver the goods within the additional period of time fixed by the buyer in accordance with paragraph (1) of article 47 or declares that he will not deliver within the period so fixed.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) if the failure by the seller to perform any of his obligations under the contract or this Convention amounts to a fundamental breach of contract; or
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) in case of non-delivery, if the seller does not deliver the goods within the additional period of time fixed by the buyer in accordance with paragraph (1) of article 47 or declares that he will not deliver within the period so fixed.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) However, in cases where the seller has delivered the goods, the buyer loses the right to declare the contract avoided unless he does so: (a) in respect of late delivery, within a reasonable time after he has become aware that delivery has been made; (b) in respect of any breach other than late delivery, within a reasonable time: (i) after he knew or ought to have known of the breach; (ii) after the expiration of any additional period of time fixed by the buyer in accordance with paragraph (1) of article 47, or after the seller has declared that he will not perform his obligations within such an additional period; or (iii) after the expiration of any additional period of time indicated by the seller in accordance with paragraph (2) of article 48, or after the buyer has declared that he will not accept performance.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) in respect of late delivery, within a reasonable time after he has become aware that delivery has been made;
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) in respect of any breach other than late delivery, within a reasonable time: (i) after he knew or ought to have known of the breach; (ii) after the expiration of any additional period of time fixed by the buyer in accordance with paragraph (1) of article 47, or after the seller has declared that he will not perform his obligations within such an additional period; or (iii) after the expiration of any additional period of time indicated by the seller in accordance with paragraph (2) of article 48, or after the buyer has declared that he will not accept performance.
International Sale of Goods Contracts Convention Act — I-20.4 (i)
(i) after he knew or ought to have known of the breach;
International Sale of Goods Contracts Convention Act — I-20.4 (ii)
(ii) after the expiration of any additional period of time fixed by the buyer in accordance with paragraph (1) of article 47, or after the seller has declared that he will not perform his obligations within such an additional period; or
International Sale of Goods Contracts Convention Act — I-20.4 (iii)
(iii) after the expiration of any additional period of time indicated by the seller in accordance with paragraph (2) of article 48, or after the buyer has declared that he will not accept performance.
International Sale of Goods Contracts Convention Act — I-20.4
If the goods do not conform with the contract and whether or not the price has already been paid, the buyer may reduce the price in the same proportion as the value that the goods actually delivered had at the time of the delivery bears to the value that conforming goods would have had at that time. However, if the seller remedies any failure to perform his obligations in accordance with article 37 or article 48 or if the buyer refuses to accept performance by the seller in accordance with those articles, the buyer may not reduce the price.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If the seller delivers only a part of the goods or if only a part of the goods delivered is in conformity with the contract, articles 46 to 50 apply in respect of the part which is missing or which does not conform.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) The buyer may declare the contract avoided in its entirety only if the failure to make delivery completely or in conformity with the contract amounts to a fundamental breach of the contract.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If the seller delivers the goods before the date fixed, the buyer may take delivery or refuse to take delivery.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If the seller delivers a quantity of goods greater than that provided for in the contract, the buyer may take delivery or refuse to take delivery of the excess quantity. If the buyer takes delivery of all or part of the excess quantity, he must pay for it at the contract rate.
International Sale of Goods Contracts Convention Act — I-20.4
The buyer must pay the price for the goods and take delivery of them as required by the contract and this Convention.
International Sale of Goods Contracts Convention Act — I-20.4
The buyer’s obligation to pay the price includes taking such steps and complying with such formalities as may be required under the contract or any laws and regulations to enable payment to be made.
International Sale of Goods Contracts Convention Act — I-20.4
Where a contract has been validly concluded but does not expressly or implicitly fix or make provision for determining the price, the parties are considered, in the absence of any indication to the contrary, to have impliedly made reference to the price generally charged at the time of the conclusion of the contract for such goods sold under comparable circumstances in the trade concerned.
International Sale of Goods Contracts Convention Act — I-20.4
If the price is fixed according to the weight of the goods, in case of doubt it is to be determined by the net weight.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If the buyer is not bound to pay the price at any other particular place, he must pay it to the seller: (a) at the seller’s place of business; or (b) if the payment is to be made against the handing over of the goods or of documents, at the place where the handing over takes place.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) at the seller’s place of business; or
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) if the payment is to be made against the handing over of the goods or of documents, at the place where the handing over takes place.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) The seller must bear any increase in the expenses incidental to payment which is caused by a change in his place of business subsequent to the conclusion of the contract.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If the buyer is not bound to pay the price at any other specific time, he must pay it when the seller places either the goods or documents controlling their disposition at the buyer’s disposal in accordance with the contract and this Convention. The seller may make such payment a condition for handing over the goods or documents.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If the contract involves carriage of the goods, the seller may dispatch the goods on terms whereby the goods, or documents controlling their disposition, will not be handed over to the buyer except against payment of the price.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) The buyer is not bound to pay the price until he has had an opportunity to examine the goods, unless the procedures for delivery or payment agreed upon by the parties are inconsistent with his having such an opportunity.
International Sale of Goods Contracts Convention Act — I-20.4
The buyer must pay the price on the date fixed by or determinable from the contract and this Convention without the need for any request or compliance with any formality on the part of the seller.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
The buyer’s obligation to take delivery consists: (a) in doing all the acts which could reasonably be expected of him in order to enable the seller to make delivery; and (b) in taking over the goods.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) in doing all the acts which could reasonably be expected of him in order to enable the seller to make delivery; and
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If the buyer fails to perform any of his obligations under the contract or this Convention, the seller may: (a) exercise the rights provided in articles 62 to 65; (b) claim damages as provided in articles 74 to 77.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) exercise the rights provided in articles 62 to 65;
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) The seller is not deprived of any right he may have to claim damages by exercising his right to other remedies.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) No period of grace may be granted to the buyer by a court or arbitral tribunal when the seller resorts to a remedy for breach of contract.
International Sale of Goods Contracts Convention Act — I-20.4
The seller may require the buyer to pay the price, take delivery or perform his other obligations, unless the seller has resorted to a remedy which is inconsistent with this requirement.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) The seller may fix an additional period of time of reasonable length for performance by the buyer of his obligations.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) Unless the seller has received notice from the buyer that he will not perform within the period so fixed, the seller may not, during that period, resort to any remedy for breach of contract. However, the seller is not deprived thereby of any right he may have to claim damages for delay in performance.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) The seller may declare the contract avoided: (a) if the failure by the buyer to perform any of his obligations under the contract or this Convention amounts to a fundamental breach of contract; or (b) if the buyer does not, within the additional period of time fixed by the seller in accordance with paragraph (1) of article 63, perform his obligation to pay the price or take delivery of the goods, or declares that he will not do so within the period so fixed.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) if the failure by the buyer to perform any of his obligations under the contract or this Convention amounts to a fundamental breach of contract; or
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) if the buyer does not, within the additional period of time fixed by the seller in accordance with paragraph (1) of article 63, perform his obligation to pay the price or take delivery of the goods, or declares that he will not do so within the period so fixed.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) However, in cases where the buyer has paid the price, the seller loses the right to declare the contract avoided unless he does so: (a) in respect of late performance by the buyer, before the seller has become aware that performance has been rendered; or (b) in respect of any breach other than late performance by the buyer, within a reasonable time: (i) after the seller knew or ought to have known of the breach; or (ii) after the expiration of any additional period of time fixed by the seller in accordance with paragraph (1) of article 63, or after the buyer has declared that he will not perform his obligations within such an additional period.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) in respect of late performance by the buyer, before the seller has become aware that performance has been rendered; or
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) in respect of any breach other than late performance by the buyer, within a reasonable time: (i) after the seller knew or ought to have known of the breach; or (ii) after the expiration of any additional period of time fixed by the seller in accordance with paragraph (1) of article 63, or after the buyer has declared that he will not perform his obligations within such an additional period.
International Sale of Goods Contracts Convention Act — I-20.4 (i)
(i) after the seller knew or ought to have known of the breach; or
International Sale of Goods Contracts Convention Act — I-20.4 (ii)
(ii) after the expiration of any additional period of time fixed by the seller in accordance with paragraph (1) of article 63, or after the buyer has declared that he will not perform his obligations within such an additional period.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If under the contract the buyer is to specify the form, measurement or other features of the goods and he fails to make such specification either on the date agreed upon or within a reasonable time after receipt of a request from the seller, the seller may, without prejudice to any other rights he may have, make the specification himself in accordance with the requirements of the buyer that may be known to him.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If the seller makes the specification himself, he must inform the buyer of the details thereof and must fix a reasonable time within which the buyer may make a different specification. If, after receipt of such a communication, the buyer fails to do so within the time so fixed, the specification made by the seller is binding.
International Sale of Goods Contracts Convention Act — I-20.4
Loss of or damage to the goods after the risk has passed to the buyer does not discharge him from his obligation to pay the price, unless the loss or damage is due to an act or omission of the seller.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If the contract of sale involves carriage of the goods and the seller is not bound to hand them over at a particular place, the risk passes to the buyer when the goods are handed over to the first carrier for transmission to the buyer in accordance with the contract of sale. If the seller is bound to hand the goods over to a carrier at a particular place, the risk does not pass to the buyer until the goods are handed over to the carrier at that place. The fact that the seller is authorized to retain documents controlling the disposition of the goods does not affect the passage of the risk.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) Nevertheless, the risk does not pass to the buyer until the goods are clearly identified to the contract, whether by markings on the goods, by shipping documents, by notice given to the buyer or otherwise.
International Sale of Goods Contracts Convention Act — I-20.4
The risk in respect of goods sold in transit passes to the buyer from the time of the conclusion of the contract. However, if the circumstances so indicate, the risk is assumed by the buyer from the time the goods were handed over to the carrier who issued the documents embodying the contract of carriage. Nevertheless, if at the time of the conclusion of the contract of sale the seller knew or ought to have known that the goods had been lost or damaged and did not disclose this to the buyer, the loss or damage is at the risk of the seller.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) In cases not within articles 67 and 68, the risk passes to the buyer when he takes over the goods or, if he does not do so in due time, from the time when the goods are placed at his disposal and he commits a breach of contract by failing to take delivery.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) However, if the buyer is bound to take over the goods at a place other than a place of business of the seller, the risk passes when delivery is due and the buyer is aware of the fact that the goods are placed at his disposal at that place.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) If the contract relates to goods not then identified, the goods are considered not to be placed at the disposal of the buyer until they are clearly identified to the contract.
International Sale of Goods Contracts Convention Act — I-20.4
If the seller has committed a fundamental breach of contract, articles 67, 68 and 69 do not impair the remedies available to the buyer on account of the breach.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) A party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party will not perform a substantial part of his obligations as a result of: (a) a serious deficiency in his ability to perform or in his creditworthiness; or (b) his conduct in preparing to perform or in performing the contract.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) a serious deficiency in his ability to perform or in his creditworthiness; or
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) his conduct in preparing to perform or in performing the contract.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If the seller has already dispatched the goods before the grounds described in the preceding paragraph become evident, he may prevent the handing over of the goods to the buyer even though the buyer holds a document which entitles him to obtain them. The present paragraph relates only to the rights in the goods as between the buyer and the seller.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) A party suspending performance, whether before or after dispatch of the goods, must immediately give notice of the suspension to the other party and must continue with performance if the other party provides adequate assurance of his performance.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If prior to the date for performance of the contract it is clear that one of the parties will commit a fundamental breach of contract, the other party may declare the contract avoided.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If time allows, the party intending to declare the contract avoided must give reasonable notice to the other party in order to permit him to provide adequate assurance of his performance.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) The requirements of the preceding paragraph do not apply if the other party has declared that he will not perform his obligations.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) In the case of a contract for delivery of goods by instalments, if the failure of one party to perform any of his obligations in respect of any instalment constitutes a fundamental breach of contract with respect to that instalment, the other party may declare the contract avoided with respect to that instalment.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If one party’s failure to perform any of his obligations in respect of any instalment gives the other party good grounds to conclude that a fundamental breach of contract will occur with respect to future instalments, he may declare the contract avoided for the future, provided that he does so within a reasonable time.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) A buyer who declares the contract avoided in respect of any delivery may, at the same time, declare it avoided in respect of deliveries already made or of future deliveries if, by reason of their interdependence, those deliveries could not be used for the purpose contemplated by the parties at the time of the conclusion of the contract.
International Sale of Goods Contracts Convention Act — I-20.4
Damages for breach of contract by one party consist of a sum equal to the loss, including loss of profit, suffered by the other party as a consequence of the breach. Such damages may not exceed the loss which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract, in the light of the facts and matters of which he then knew or ought to have known, as a possible consequence of the breach of contract.
International Sale of Goods Contracts Convention Act — I-20.4
If the contract is avoided and if, in a reasonable manner and within a reasonable time after avoidance, the buyer has bought goods in replacement or the seller has resold the goods, the party claiming damages may recover the difference between the contract price and the price in the substitute transaction as well as any further damages recoverable under article 74.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) If the contract is avoided and there is a current price for the goods, the party claiming damages may, if he has not made a purchase or resale under article 75, recover the difference between the price fixed by the contract and the current price at the time of avoidance as well as any further damages recoverable under article 74. If, however, the party claiming damages has avoided the contract after taking over the goods, the current price at the time of such taking over shall be applied instead of the current price at the time of avoidance.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) For the purposes of the preceding paragraph, the current price is the price prevailing at the place where delivery of the goods should have been made or, if there is no current price at that place, the price at such other place as serves as a reasonable substitute, making due allowance for differences in the cost of transporting the goods.
International Sale of Goods Contracts Convention Act — I-20.4
A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach. If he fails to take such measures, the party in breach may claim a reduction in the damages in the amount by which the loss should have been mitigated.
International Sale of Goods Contracts Convention Act — I-20.4
If a party fails to pay the price or any other sum that is in arrears, the other party is entitled to interest on it, without prejudice to any claim for damages recoverable under article 74.
International Sale of Goods Contracts Convention Act — I-20.4 (1)
(1) A party is not liable for a failure to perform any of his obligations if he proves that the failure was due to an impediment beyond his control and that he could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome it or its consequences.
International Sale of Goods Contracts Convention Act — I-20.4 (2)
(2) If the party’s failure is due to the failure by a third person whom he has engaged to perform the whole or a part of the contract, that party is exempt from liability only if: (a) he is exempt under the preceding paragraph; and (b) the person whom he has so engaged would be so exempt if the provisions of that paragraph were applied to him.
International Sale of Goods Contracts Convention Act — I-20.4 (a)
(a) he is exempt under the preceding paragraph; and
International Sale of Goods Contracts Convention Act — I-20.4 (b)
(b) the person whom he has so engaged would be so exempt if the provisions of that paragraph were applied to him.
International Sale of Goods Contracts Convention Act — I-20.4 (3)
(3) The exemption provided by this article has effect for the period during which the impediment exists.