The reasonable management of the non-performance effects in the International Sale of Goods

Abstract

On its face, the strict liability regime of the Convention [UN Convention of Contracts for the International Sale of Goods] seems to be too severe for the non-performing party, especially considering that his/her liability is almost absolute and that the aggrieved party may choose among several remedies the one most convenient for him/her. However, this stringentness is balanced by the fact that the law does not only protect the rights of the performing party, but it also requires from him/her a reaso-nable management of the non-performance effects, which means that this party must exercise his/her rights under a "reasonable person" standard. The aggrieved party has to take the necessary steps to avoid un-certainty for the non-performing party and must mitigate the pecuniary effects he/she suffered as a result of non-performance. This reasonable management involves contractual obligations regarding communications and other material behaviour required from the aggrieved party. These obligations make possible the development of a balanced liability regime.