【正文】 use the injunction of the Polish government constitutes unavoidable excuse for the impossibility of exporting sugar. And there is a duty for the seller to obey the government’ s injunction unconditionally. Today’ s 10 Words 1. Breach To break something。 Legally, to void or cancel (avoidance) 10. installment Any one part of a payment IV. Remedies for Breach of Contract Breach of Contract ? If one party fails to perform his obligations, he is guilty of Breach of Contract ? CISG provides for legal remedies ? Three basic categories of remedy: 1. Specific Performance 2. Substitution 3. End the Contract ? The remedy is determined by the seriousness of the breach Fundamental Breach of Contract ? Fundamental Breach –the most serious kind: 1. One party has breached the contract 2. The determination is made based on the result of the breach, not the actual failure 3. The result must be serious enough to substantially deprive the other party of what was expected 4. Violating party。 foundational Today’ s 10 Words 6. Anticipate To expect something to happen。 ? 2) The impediment could not have been reasonably taken into account by the defaulting party at the conclusion of the contract。 ? (2) Taking Delivery of the Goods收取貨物 ? Article 60 ? The buyer’s obligation to take delivery consists: ? (a) in doing all the acts which could reasonably be expected of him in order to enable the seller to make delivery。 ? First, the seller is only liable if the third party’ s right or claim is one of which at the time of the conclusion of the contract the seller knew or could not have been unaware. ? Second, the seller is only liable if the third party’ right or claim is based on the law of the state designated by Article 41(1) (a) or (b). ? Third, the seller is not liable if the third party’ s right or claim is one of which the buyer knew or could not have been unaware when the contract was concluded, or if the right or claim arose from the seller’ s pliance with technical requirements that the buyer itself supplied to the seller. ? (5) Time for Examine Goods and Notice of Defect 2. Buyer’ s Obligations ? (1) Payment of the Price ? 1) Payment in general. ? Article 54 ? The buyer’ s obligation to pay the price includes taking such steps and plying with such formalities as may be required under the contract or any laws and regulations to enable payment to be made. ? 買方支付價(jià)款的義務(wù)包括根據(jù)合同或任何有關(guān)法律和規(guī)章規(guī)定的步驟和手續(xù)，以便支付價(jià)款。 ? (2) The seller is also liable for any lack of conformity which occurs after the time indicated in the preceding paragraph and which is due to a breach of any of his obligations, including a breach of any guarantee that for a period of time the goods will remain fit for their ordinary purpose or for some particular purpose or will retain specified qualities or characteristics. 賣方對(duì)在上一款所述時(shí)間后發(fā)生的任何不符合同情形，也應(yīng)負(fù)有責(zé)任，如果這種不符合同情形是由于賣方違反他的某項(xiàng)義務(wù)所致，包括違反關(guān)于在一段時(shí)間內(nèi)貨物將 繼續(xù)適用于其通常使用的目的或某種特定目的，或?qū)⒈３帜撤N特定質(zhì)量或性質(zhì)的任何保證 . ? (4) Assurance of the Ownership of the Goods ? 保證貨物的所有權(quán) ? Article 41 ? The seller must deliver goods which are free from any right or claim of a third party, unless the buyer agreed to take the goods subject to that right or claim. However, if such right or claim is based on industrial property or other intellectual property, the seller’s obligation is governed by article 42. ? 賣方所交付的貨物，必須是第三方不能提出任何權(quán)利或要求的貨物，除非買方同意在這種權(quán)利或要求的條件下，收取貨物。 （ 貨物適用于同一規(guī)格貨物通常使用的目的； ? (b) are fit for any particular purpose expressly or impliedly （隱含的） made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller’ s skill and judgement。 ? Facts: A Chinese seller and a Hungarian buyer concluded a contract for the sale of silk sports shirts. The contract did not specify a date for delivery. About one month later, the buyer demanded by fax that the goods be delivered in time for the summer selling season. The goods were shipped several weeks after the fax and then missed the summer selling season. ? Issue: does the seller breach the contract when the delivery date is not specified in it? ? Decision: yes. According to CISG, when a date of delivery or a period of time is not specified, the seller must deliver the goods within a reasonable time. In this case, the silk sports shirts are for summer selling, so the delivery should be made before summer. ? (2) Delivery of Documents移交單據(jù) ? Article 34 ? If the seller is bound to hand over documents relating to the goods, he must hand them over at the time and place and in the form required by the contract. If the seller has handed over documents before that time, he may, up to that time, cure any lack of conformity in the documents, if the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. However, the buyer retains any right to claim damages as provided for in this Convention. ? 如果賣方有義務(wù)移交與貨物有關(guān)的單據(jù)，他必須按照合同所規(guī)定的時(shí)間、地點(diǎn)和方式移交這些單據(jù)。 ? 如果銷售合同涉及到貨物的運(yùn)輸，賣方應(yīng)把貨物移交給第一承運(yùn)人，以運(yùn)交給買方； ? ② If in case not within the preceding subparagraph, the contract relates to specific goods, or unidentified goods to be drawn from a specific stock or to be manufactured or produced, and at the time of the conclusion of the contract the parties knew that the goods were at, or were to be manufactured or produced at, a particular place, the seller is obliged to place the goods at the buyer’ s disposal at that place. ? 在不屬于上款規(guī)定的情況下，如果合同指的是特定貨物或從特定存貨中提取的或尚待制造或生產(chǎn)的未經(jīng)特定化的貨物，而雙方當(dāng)事人在訂立合同時(shí)已知道這些貨物是在某一特定地點(diǎn)，或?qū)⒃谀骋惶囟ǖ攸c(diǎn)制造或生產(chǎn)，賣方應(yīng)在該地點(diǎn)把貨物交給買方處置； ? ③ In cases which do not fall into the ab