<P> The CISG describes when the risk passes from the seller to the buyer but it has been observed that in practice most contracts define the' seller's delivery obligations quite precisely by adopting an established shipment term, such as FOB and CIF . </P> <P> Remedies of the buyer and seller depend upon the character of a breach of the contract . If the breach is fundamental, then the other party is substantially deprived of what it expected to receive under the contract . Provided that an objective test shows that the breach could not have been foreseen, then the contract may be avoided and the aggrieved party may claim damages . Where part performance of a contract has occurred, then the performing party may recover any payment made or good supplied; this contrasts with the common law where there is generally no right to recover a good supplied unless title has been retained or damages are inadequate, only a right to claim the value of the good . </P> <P> If the breach is not fundamental, then the contract is not avoided and remedies may be sought including claiming damages, specific performance, and adjustment of price . Damages that may be awarded conform to the common law rules in Hadley v Baxendale but it has been argued the test of foreseeability is substantially broader and consequently more generous to the aggrieved party . </P> <P> The CISG excuses a party from liability to a claim of damages where a failure to perform is attributable to an impediment beyond the party's, or a third party sub-contractor's, control that could not have been reasonably expected . Such an extraneous event might elsewhere be referred to as force majeure, and frustration of the contract . </P>

The un convention on contracts for the international sale of goods