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ACCA Applied Skills · Corporate and Business Law (Global) · Introduction to the UN Convention on Contracts for the International Sale of Goods and ICC Incoterms

Harlow Ltd contracted to buy 1,000 tonnes of grain from Vantor Co under the CISG. After delivery Harlow refused to pay the price. Vantor has not sought to avoid the contract. Which remedy is available to Vantor for this breach?

Vantor may require Harlow to pay the price. Under the CISG a seller whose buyer fails to pay may insist on performance, provided it has not chosen an inconsistent remedy such as avoiding the contract.

  1. AIt may require Harlow to pay the priceCorrect
  2. BIt may only keep the grain and claim nothing further
  3. CIt may demand repair of the grain at Harlow's cost

Explanation

The seller may require the buyer to pay the price, take delivery or perform other obligations, unless it has resorted to an inconsistent remedy. Vantor has not avoided the contract, so it can claim the price. Repair is a buyer's remedy against a seller, not the reverse.

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