Buyer and Seller have a valid contract for the supply of large mining machinery. The contract is governed by the Convention for the International Sale of Goods (CISG). The contract provides that the mining machinery is to be delivered by March 30th.
The Seller is late in delivering this mining machinery.
On April 8th the Buyer writes to the Seller and states ?Need the mining machinery urgently. The last date that I will accept delivery is May 8th.
Seller does not deliver the mining machinery until May 30th.
Assuming that the late delivery of the mining machinery is not a fundamental breach is the Buyer still liable to purchase this mining machinery?
The buyer will not be liable. In ascertaining whether the buyer is liable, the basic question before
the court will be; did the buyer own the late-delivered good? If the buyer never received the…