COMPARATIVE PRIVATE LAWNON-PERFORMANCE - LIABILITYUniversity of Oslo Prof. Giuditta Cordero MossCase I Destruction of subject-matter (1) Sale of car components built on specifications An earthquake destroys the facilities and the stored components Delivery cannot be made according to contract Is the seller liable for non-performance? Destruction of subject-matter (1) Norwegian law: Seller is excused German law: Seller is excused Italian law: Seller is excused English law: Seller is excused UNIDROIT: Seller is excused PECL: Seller is excused CISG: Seller is excusedCase II Destruction of subject-matter (2) Sale of car components built on specifications A fire destroys the facilities and the stored components The fire alarm had not been installed due to illness of the person in charge of security in the sellers company Delivery cannot be made according to contract Is the seller liable for non-performance? Destruction of subject-matter (2) Norwegian law: Seller is not excused German law: Seller is not excused Italian law: Seller is not excused English law: Seller is not excused UNIDROIT: Seller is not excused PECL: Seller is not excused CISG: Seller is not excusedCase III Act of god (factum principis) (1) Sale of car components built on specifications New governmental regulations forbid export of various technical equipment, i.a. car components Delivery cannot be made according to contract Is the seller liable for non-performance? Act of god (1) Norwegian law: Seller is excused German law: Seller is excused Italian law: Seller is excused English law: Seller is excused UNIDROIT: Seller is excused PECL: Seller is excused CISG: Seller is excusedCase IV Act of god (factum principis) (2) Sale of car components built on specifications The sellers export licence is withdrawn because of the sellers non-compliance with governmental requiremenets Delivery cannot be made according to contract Is the seller liable for non-performance? Act of god (2) Norwegian law: Seller is not excused German law: Seller is not excused Italian law: Seller is not excused English law: Seller is not excused UNIDROIT: Seller is not excused PECL: Seller is not excused CISG: Seller is not excusedCase V Suppliers failure Sale of car components built on specifications The aluminium supplier fails to deliver aluminium on time for the production of the components The aluminium supplier is a recognised supplier on the market, but due to extraordinary wheather conditions cannot ship on time Delivery cannot be made according to contract Is the seller liable for non-performance? Suppliers failure Norwegian law: Seller is excused Italian law: Seller is excused German law: Seller is excused English law: Seller is not excused CISG: Seller is not excused UNIDROIT, PECL: Seller is not excusedCase VI Sub-contractors failure Sale of car components built on specifications A sub-contractor fails to performe properly its part of the production, due to internal reorganisation Delivery cannot be made according to contract Is the seller liable for non-performance? Sub-contractor failure Norwegian law: Seller is not excused German law: Seller is not excused Italian law: Seller is not excused English law: Seller is not excused UNIDROIT: Seller is not excused PECL: Seller is not excused CISG: Seller is not excusedCase VII Choice between contracts Sale of car components built on specifications Destruction of part of the sellers storage Volumes in store sufficient to meet obligations towards one buyer, but not all buyers Delivery cannot be made according to contract Is the seller liable for non-performance? Choice between contracts Norwegian law: Seller is excused Italian law: Seller is excused German law: Seller is excused CISG: Seller is excused (?) UNIDROIT, PECL: Seller is excused (?) English law: Seller is not excusedCase VIII Unaffordability (1) Sale of car components built on specifications Due to unexpected weather conditions the ship cannot leave the harbour unless an ice-breaker is especially ordered from abroad Delivery cannot be made according to contract Is the seller liable for non-performance? Unaffordability (1) Norwegian law: Seller is excused Italian law: Seller is excused German law: Seller is excused (but first: renegotiation) UNIDROIT, PECL: Seller can require renegotiation English law: Seller is not excused CISG: Seller is not excusedCase IX Unaffordability (2) Sale of car components built on specifications The price of aluminium increases significantly, and sale of the components at the agreed price would result in considerable losses for the seller Delivery “cannot” be made according to contract Is the seller liable for non-performance? Unaf