Exemptions

• Author: Jack Michael Graves
• Pages: 149-158

Impediment to Performance

In Article 79, the CISG addresses events often traditionally characterized

as force majeure. A party is not liable for damages to the extent that any

breach is due to an “impediment,” as specically provided by the statute.

CISG Article 79(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.

While the statutory language does not limit the availability of the “impedi‑

ment” defense to either party, it will most often be asserted by seller. The

defense is framed in terms of an impediment to performance, rather than an

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INTRNTL Graves CISG Final Press Pass.indd 149 5/6/13 9:36 AM