Fundamental Breach Of International Trade In Goods
The fundamental breach of contract is a special important concept in the Convention. According to the provisions of article twenty-fifth of the covenant, any party who violates the contract results in causing damage to the other party, thereby depriving the latter of the right to expect something according to the contract, which is a fundamental breach of contract, unless the party who violates the contract does not anticipate and an equally qualified and reasonable person is in the same situation, and there is no reason to foresee such a result.
There are three elements that constitute a fundamental breach of contract:
First, one party has a breach of contract.
Second, the result of breach of contract by the party has been serious enough to deprive the Party of the right to expect the benefit in accordance with the contract stipulations.
Third, the default party himself is aware of the above default result, or even if he does not know it, but the third party who is equally qualified and reasonable is in the same situation.
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