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https://cisgw3.law.pace.edu/cisg/biblio/graffi.html
Late performance and fundamental breach. In international sales transactions, late performance occurs rather frequently, due, amongst others, to the distances. Indeed, late performance may be caused either by the seller's late delivery of the goods or by the buyer's late payment or late taking over of the goods.
https://www.cisg.law.pace.edu/cisg/biblio/lorenz.html
Other types of breach contained in Articles 31-34 such as late delivery, handing over documents, etc. do not fall within the range of Article 50, and price reduction is not available. As with the remedy of damages, the remedy of price reduction does not require a "fundamental" breach but is available in any case of non-conformity of goods.
https://www.cisg.law.pace.edu/cisg/text/digest-2012-25.html
CLOUT case No. 275 [GERMANY Oberlandesgericht Düsseldorf 24 April 1997] (late delivery constitutes a fundamental breach when the buyer would prefer non-delivery instead and the seller could have been aware of this); CLOUT case No. 859 [CANADA Superior Court of Ontario 6 October 2003] (late delivery a fundamental breach because the seller knew ...
https://www.iicl.law.pace.edu/cisg/search/cases
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is the law governing cross-border sale of goods transactions among the majority of the world’s trading nations. The Pace-IICL developed and maintains the CISG Database to promote cross …
https://www.lawctopus.com/academike/doctrine-of-fundamental-breach/
Apr 30, 2015 · In comparison, the perfect tender rule is much stricter in its application than the fundamental breach rule. Whether a fundamental breach has occurred is subject to much interpretation, and one is hard pressed to give a confident answer when asked. The doctrine of fundamental breach is replete with legal uncertainty and unpredictability.
https://cisgw3.law.pace.edu/cisg/biblio/huber1.html
c) Fundamental breach and delivery of non-conforming goods. The delivery of non-conforming goods is the most difficult area within which to apply the fundamental breach doctrine. It is no surprise that a great number of court decisions have been rendered in this area. Of course, it is not possible to attempt to give a complete picture here.
https://arbitrationlaw.com/library/fundamental-breach-chapter-7-remedies-international-sales
"The concept “fundamental breach” defined in CISG Art. 25 is “a milestone” in the Convention’s remedial provisions; it “defines the border line between the ‘normal’ remedies for breach of contract—like damages and price reduction—and incisive remedies like termination and [delivery of substitute goods].”
https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2340440_code1943870.pdf?abstractid=2340440&mirid=1
fundamental breach is slightly different and without any major pith or substance. The aim of this essay is to go down memory lane in order to unravel and make a comparative analysis of the doctrine of fundamental breach under the CISG, English law and the UNIDROIT principles.Author: Ndubuisi Augustine Nwafor
http://www.unilex.info/cisg/case/1346
keywords. interpretation of cisg (art. 7 cisg) - recourse to domestic case law on sale of goods - conditions fundamental breach of contract by seller (art. 25 cisg) - late delivery - breach not fundamental if parties' prior course of dealing and industry practice allow for some flexibility in delivery
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