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Buyer's Right to Withhold Performance and Termination [Avoidance] of Contract under the UN Sales Convention
a whole for the reason of the seller's non-conforming delivery or late delivery. The Convention, in addition to that, provides some provisions under which the buyer may be able to terminate the contract in respect of some part of the subject-matter of the contract and keep the contract alive with respect to the other part (Arts. 51(1) and 73(1). In the following, the application of the doctrine of fundamental breach as well as Nachfrist rule is assessed in respect of such cases.
2.2.3.1. Fundamental Breach a