Remedies

Abstract

Abstract If a party fails to perform an obligation under the contract, the other party may exercise the remedies provided in Chapters 8 and 9 of the Principles of European Contract Law, except as other-wise provided in this Chapter. The starting point for the Sales Principles is that, in the event of the non-performance of any obligation by either party under the contract, the aggrieved party may resort to the remedies contained in Chapters 8 and 9 of the Principles of European Contract Law. In essence, this Article therefore merely repeats Article 1:201, which sets out the general relationship between these two sets of Principles. However, the wording (‘except as otherwise provided’) also makes it clear that the present Principles provide for sales-specific rules on remedies that deviate from the general regime contained in the Principles of European Contract Law (for the differences, see Article 4:201 Comments B and Y). This Chapter addresses two kinds of deviations from the rules on remedies contained in the Principles of European Contract Law. Both have been deemed necessary since the remedial regime of the Principles of European Contract Law provides solutions that are, at times, too general and thus do not to solve all the specific problems in the context of remedies under a sales contract. Section 1 contains modifications of, or additions to, the general remedial regime of the Principles of European Contract Law as such. It is important to note that these salesspecific rules apply in the case of a breach of any obligation under the contract, unless the parties have agreed otherwise, rather than the relevant provisions of the Principles of European Contract Law.