An actual failure to perform must instead be the basis for avoidance of future installments. It confirms, however, the no-reliance approach based on an actual breach. According to 6 of the Secretariat Commentary on Draft art. This is of particular significance where a series of breaches, none of which in itself is fundamental or would give good reason to fear a future fundamental breach, taken together does give good reason for such a fear. There is a dispute among scholars whether the different formulations under art.
Some authors hold the view that there is a gradation of remedies, increasing from art.
72, in the sense that the latter requires the highest degree of certainty. They argue that it is not the different wording itself that enables any distinction to be drawn, but the severity of the remedy s interference with the contract. Avoidance of the contract in the future under art. See Leser, supra note 451, at Art. 73, n.22 and Art.