Of Shrinking Sweatsuits and Poison Vine Wax: A Comparison of Excuse for Nonperformance under the UCC and the CISG


This article compares the doctrine of excuse/exemption for nonperformance under UCC 2-615 and CISG Article 79 analyzing texts, commentary and cases, and the underlying policy concerns of both regimes. It argues that a narrow interpretation of Article 79's basis for excuse/exemption is the reading intended by the drafters and most likely to promote the CISG's goal of facilitating transborder transactions.


Commercial Law | Comparative and Foreign Law | Contracts | International Law | International Trade Law

Date of this Version

March 2006