Application of the idea of violation within the scope of the buyer's obligations (comparative study)

Abstract

Applying the idea of a fundamental breach within the scope of the buyer's obligations (A comparative study) A breach of the contract by one of the parties is a fundamental breach if it causes harm to the other party that would deprive him completely of what he expected to obtain in the contract unless the breaching party does not expect such a result and any other reasonable person in the same circumstances does not expect such a result. In view of the importance of the contract for the international sale of goods, the drafters of the international conventions regulating the contract of sale were keen to preserve this contract as much as possible and save it from its demise and reduce the cases that highlight resorting to rescission.